Section 338 Elections; Election Allocations. (i) At the Purchaser’s request, the Seller and/or Seller Parent will join with the Purchaser in making an election under Section 338(h)(10) of the Code (and any corresponding elections under state or local Law) with respect to the Company and any of its Subsidiaries classified as U.S. corporations for federal income tax purposes (collectively, the “Section 338(h)(10) Election”). The Seller will pay any Taxes resulting from the making of the Section 338(h)(10)
Appears in 3 contracts
Samples: Stock Purchase Agreement (Vectren Corp), Stock Purchase Agreement (Vectren Corp), Stock Purchase Agreement (Hallador Energy Co)
Section 338 Elections; Election Allocations. (ia) At the Purchaser’s request, the Seller and/or Seller Parent will Sellers agree to join with the Purchaser Buyer in making an election under Section 338(h)(10) of the Code (and at Buyer's request, any corresponding elections under state state, local or foreign law, or elections corresponding to Section 338(g) of the Code and corresponding elections under state, local Lawor foreign law) with respect to the Company and any of its Subsidiaries classified as U.S. corporations for federal income tax purposes (collectively, based on the “Section 338(h)(10) Election”allocations of Purchase Price set forth in SCHEDULE 10.3(A). The Seller Sellers will pay any Taxes resulting from the making of the Section 338(h)(10)
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Samples: Stock Purchase Agreement (Cross Country Healthcare Inc)