Reorganization under the Code. Neither the Company nor any of its Subsidiaries has taken or agreed to take any action or knows of any fact that is reasonably likely to prevent or impede the Merger from qualifying as a “reorganization” within the meaning of Section 368(a) of the Code.
Appears in 4 contracts
Sources: Merger Agreement (Constellation Energy Group Inc), Merger Agreement (Exelon Corp), Merger Agreement (Mirant Corp)
Reorganization under the Code. Neither the Company nor any of its Subsidiaries has taken or agreed to take any action or knows of any fact fact, agreement, plan or other circumstance that will prevent or impede, or is reasonably likely to prevent or impede impede, the Merger from qualifying as a “reorganization” within the meaning of Section 368(a) of the Code.
Appears in 3 contracts
Sources: Merger Agreement (Allegheny Energy, Inc), Merger Agreement (Firstenergy Corp), Merger Agreement
Reorganization under the Code. Neither As of the date of this Agreement, neither Company nor any of its Subsidiaries has taken or agreed to take any action or knows of any fact that is reasonably likely to prevent or impede the Merger from qualifying as a “"reorganization” " within the meaning of Section 368(a) of the Code.
Appears in 2 contracts
Sources: Merger Agreement (Photomedex Inc), Merger Agreement (Photomedex Inc)
Reorganization under the Code. Neither As of the date of this Agreement, neither Company nor any of its Subsidiaries has taken or agreed to take any action or knows of any fact that is reasonably likely to prevent or impede the Merger from qualifying as a “reorganization” within the meaning of Section 368(a) of the Code.
Appears in 1 contract
Sources: Merger Agreement (Procyte Corp /Wa/)