Common use of Section 338(h)(10) Election Clause in Contracts

Section 338(h)(10) Election. The Shareholders, the Company and Buyer shall jointly make the election provided for by Section 338(h)(10) of the Code (and any corresponding election under state, local or foreign Tax law) with respect to the acquisition of the Company stock hereunder pursuant to the Merger (collectively, the “Section 338(h)(10) Election”). With respect to the Section 338(h)(10) Election:

Section 338(h)(10) Election. (a) The ShareholdersSeller and the Buyer agree to make a timely, the Company and Buyer shall jointly make the joint election provided for by under Section 338(h)(10) of the Code (and any corresponding election under state, state or local or foreign Tax law) with respect Law to the acquisition of the Company stock hereunder pursuant to the Merger extent available) (collectivelyeach, the a “Section 338(h)(10) Election”). With ) with respect to the Buyer’s purchase of the shares of the Company and to take any action as is necessary to effectuate the Section 338(h)(10) Election:)

Section 338(h)(10) Election. (a) The Shareholders, the Company and the Seller will join with the Buyer shall jointly make the in making, and will take any and all action necessary to effect, a timely and irrevocable election provided for by under Section 338(h)(10) of the Code (and the Treasury Regulations and administrative pronouncements thereunder) and any corresponding election under comparable provision of state, local or foreign Tax law) with respect to the acquisition of the Company stock hereunder pursuant to the Merger Law (collectively, the a “Section 338(h)(10) Election”). With ) with respect to the Section 338(h)(10) Election:purchase and sale of the Shares.

Section 338(h)(10) Election. (a) The Shareholders, Buyer and the Company and Buyer Seller shall jointly make the an election provided for by under Section 338(h)(10) of the Code (and any corresponding comparable election under state, state or local or foreign Tax lawLaw) (the “338(h)(10) Elections”) with respect to the acquisition of the Company stock hereunder pursuant to BPS Companies by the Merger (collectively, Buyer. The Buyer and the “Section Seller shall cooperate fully with each other in the making of the 338(h)(10) Election”). With respect to the Section 338(h)(10) Election:

Section 338(h)(10) Election. The Shareholders, the Company (a) Xxxxxx Xxxxxx and Buyer shall jointly timely make the a joint election provided for by under Section 338(h)(10) of the Code (and any corresponding election or similar elections under state, state or local or foreign Tax law) with respect to the acquisition of the Company stock hereunder pursuant to the Merger Law (collectively, the “Section 338(h)(10) Election”). With ) with respect to the purchase and sale of the Premium Finance Shares. Sellers represent that a Section 338(h)(10) Election:Election is available for Premium Finance in connection with the Contemplated Transactions.

Section 338(h)(10) Election. (a) The Shareholders, Buyer and the Company and Buyer Seller shall jointly make the an election provided for by under Section 338(h)(10) of the Code (and any corresponding comparable election under state, state or local or foreign Tax lawLaw) (the “338(h)(10) Elections”) with respect to the acquisition of the Company stock hereunder pursuant to the Merger (collectively, the “Section 338(h)(10) Election”). With respect to the Section 338(h)(10) Election:and its U.S.