Section 280G Approval. If the Company is obligated to make any payments, or is a party to any agreement that under certain circumstances could obligate it to make any payments, that will not be deductible under Section 280G of the Code if the approval requirements of Section 280G(b)(5)(B) of the Code are not satisfied, then the Company shall use its commercially reasonable efforts to obtain such approval as promptly as is practicable after the date hereof and in any event prior to the Closing.
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Samples: Membership Interest Purchase Agreement (Revolution Lighting Technologies, Inc.), Membership Interest Purchase Agreement (Revolution Lighting Technologies, Inc.)
Section 280G Approval. If the Company is obligated to make any payments, or is a party to any agreement that under certain circumstances could obligate it to make any payments, that will not be deductible under Section 280G of the Code if the stockholder approval requirements of Section 280G(b)(5)(B) of the Code are not satisfied, then the Company shall use its commercially reasonable efforts to obtain such stockholder approval as promptly as is practicable after the date hereof and in any event prior to the ClosingClosing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Harris Stratex Networks, Inc.)
Section 280G Approval. If the Company is obligated to make any payments, or is a party to any agreement Company Contract that under certain circumstances could obligate it to make any payments, that will not be deductible under Section 280G of the Code if the stockholder approval requirements of Section 280G(b)(5)(B) of the Code are not satisfied, then the Company shall use its commercially reasonable efforts to obtain such stockholder approval as promptly as is practicable after the date hereof this Agreement Date and in any event prior to the ClosingClosing Date.
Appears in 1 contract
Section 280G Approval. If the Company is obligated to make any payments, or is a party to any agreement that under certain circumstances could obligate it to make any payments, that will not be deductible under Section 280G of the Code if the stockholder approval requirements of Section 280G(b)(5)(B) of the Code are not satisfied, then the Company shall use its commercially reasonable efforts to obtain solicit such stockholder approval as promptly as is practicable after the date hereof and in any event prior to the ClosingClosing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (AVG Technologies N.V.)
Section 280G Approval. If the Company is obligated to make any payments, or is a party to any agreement Company Contract that under certain circumstances could obligate it to make any payments, that will not be deductible under Section 280G of the Code if the stockholder approval requirements of Section 280G(b)(5)(B) of the Code are not satisfied, then the Company shall use its commercially reasonable best efforts to obtain such stockholder approval as promptly as is practicable after the date hereof and in any event prior to the ClosingClosing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Smith Micro Software Inc)
Section 280G Approval. If the Company is obligated to make any payments, or is a party to any agreement that under certain circumstances could obligate it to make any payments, that will not be deductible under Section 280G of the Code if the stockholder approval requirements of Section 280G(b)(5)(B) of the Code are not satisfied, then the Company shall use its commercially reasonable efforts to obtain such stockholder approval as promptly as is practicable after the date hereof and in any event prior to the Closing.
Appears in 1 contract
