Common use of Section 355 Clause in Contracts

Section 355. Neither Company nor any of its Subsidiaries has been a “distributing corporation” or a “controlled corporation” in connection with a distribution described in Section 355 of the Code.

Appears in 15 contracts

Samples: Arrangement Agreement and Plan of Merger (Yerbae Brands Corp.), Merger Agreement (Glimpse Group, Inc.), Merger Agreement (Ocean Bio Chem Inc)

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Section 355. Neither the Company nor any of its Subsidiaries has been a “distributing corporation” or a “controlled corporation” in connection with a distribution described in Section 355 of the Code.

Appears in 11 contracts

Samples: Merger Agreement (SPAR Group, Inc.), Merger Agreement (SPAR Group, Inc.), Merger Agreement (GameSquare Holdings, Inc.)

Section 355. Neither the Company nor any of its Subsidiaries has been a “distributing corporation” or a “controlled corporation” in connection with a distribution that was purported or intended to be described in Section 355 of the Code.

Appears in 5 contracts

Samples: Merger Agreement (Avalo Therapeutics, Inc.), Merger Agreement (Cerecor Inc.), Merger Agreement (Aevi Genomic Medicine, Inc.)

Section 355. Neither Since December 31, 2013, neither the Company nor any of its Subsidiaries has been a “distributing corporation” or a “controlled corporation” in connection with a distribution described in Section 355 of the CodeCode (or any similar provision of applicable state, local or non-U.S. Law).

Appears in 4 contracts

Samples: Merger Agreement (Shutterstock, Inc.), Merger Agreement (PRA Health Sciences, Inc.), Merger Agreement (Icon PLC)

Section 355. Neither the Company nor any of its Subsidiaries has been a “distributing corporation” or a “controlled corporation” in connection with a distribution described in Section 355 of the CodeCode in the previous three years.

Appears in 2 contracts

Samples: Merger Agreement (Bishop Infrastructure III Acquisition Company, Inc.), Merger Agreement (Westway Group, Inc.)

Section 355. Neither the Company nor any of its Subsidiaries subsidiaries has been a “distributing corporation” or a “controlled corporation” in connection with a distribution described in Section 355 of the Code.

Appears in 2 contracts

Samples: Arrangement Agreement (Hecla Mining Co/De/), Arrangement Agreement (Klondex Mines LTD)

Section 355. Neither the Company nor any of its Subsidiaries Company Subsidiary has been a “distributing corporation” or a “controlled corporation” in connection with a distribution described in Section 355 of the Code.

Appears in 1 contract

Samples: Merger Agreement (Comforce Corp)

Section 355. Neither the Company nor any of its Subsidiaries has been a “distributing corporation” or a “controlled corporation” in connection with a distribution described in Section 355 of the CodeCode in the two years prior to the date of this Agreement.

Appears in 1 contract

Samples: Merger Agreement (New Frontier Media Inc)

Section 355. Neither Within the last two years, neither the Company nor any of its Subsidiaries has been a “distributing corporation” or a “controlled corporation” in connection with a distribution described in Section 355 of the Code.

Appears in 1 contract

Samples: Merger Agreement (Americas Silver Corp)

Section 355. Neither In the last three (3) years, neither Company nor any of its Subsidiaries has been a “distributing corporation” or a “controlled corporation” in connection with a distribution described in Section 355 of the Code.

Appears in 1 contract

Samples: Merger Agreement (Realnetworks Inc)

Section 355. Neither the Company nor any of its Subsidiaries has been a "distributing corporation" or a "controlled corporation" in connection with a distribution described in Section 355 of the Code.

Appears in 1 contract

Samples: Merger Agreement (Mines Management Inc)

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Section 355. Neither the Company nor any of its Subsidiaries has been a “distributing corporation” or a “controlled corporation” in connection with a distribution described in Section 355 of the CodeCode within the past five years.

Appears in 1 contract

Samples: Merger Agreement (Houston Wire & Cable CO)

Section 355. Neither the Company nor any of its Subsidiaries has been a “distributing corporation” or a “controlled corporation” in connection with a distribution described in Section 355 of the CodeCode (or any similar provision of applicable state, local or non-U.S. Law).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Gambling.com Group LTD)

Section 355. Neither the Company nor any of its Subsidiaries has been a “distributing corporation” or a “controlled corporation” in connection with a distribution described in Section 355 of the CodeCode during the two-year period ending on the date of this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Kindred Healthcare, Inc)

Section 355. Neither Except as set forth in Section 3.06(k) of the Company Disclosure Letter, neither the Company nor any of its Subsidiaries has been a “distributing corporation” or a “controlled corporation” in connection with a distribution described in Section 355 of the Code.

Appears in 1 contract

Samples: Merger Agreement (Kindred Healthcare, Inc)

Section 355. Neither the Company nor any of its prior Subsidiaries has been a “distributing corporation” or a “controlled corporation” in connection with a distribution described in Section 355 of the Code.

Appears in 1 contract

Samples: Merger Agreement (Valpey Fisher Corp)

Section 355. Neither Since January 1, 2007, neither Company nor any of its Subsidiaries has been a “distributing corporation” or a “controlled corporation” in connection with a distribution described in Section 355 of the Code.

Appears in 1 contract

Samples: Merger Agreement (Tasty Baking Co)

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