Common use of Section 355 Clause in Contracts

Section 355. The Company has not been a “distributing corporation” or a “controlled corporation” in connection with a distribution described in Section 355 of the Code.

Appears in 10 contracts

Samples: Agreement and Plan of Merger (INVO Bioscience, Inc.), Merger Agreement (Theralink Technologies, Inc.), Merger Agreement (IMAC Holdings, Inc.)

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Section 355. The Company has not been a "distributing corporation" or a "controlled corporation" (as a “spin-off” or a “controlled corporation” otherwise) in connection with a distribution described in Section 355 of the Code.

Appears in 4 contracts

Samples: Merger Agreement (Nitro Petroleum Inc.), Merger Agreement (Core Resource Management, Inc.), Merger Agreement (Nitro Petroleum Inc.)

Section 355. The Company has not 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: Merger Agreement (Nanosphere Inc), Merger Agreement (Nanosphere Inc)

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Section 355. The Company is not, nor has not been the Company ever been, either a “distributing corporation” or a “controlled corporation” in connection with a distribution described in which the parties to such distribution treated the distribution as one to which Section 355 of the CodeCode is applicable.

Appears in 2 contracts

Samples: Stock Exchange Agreement (Invitae Corp), Stock Purchase Agreement (Invitae Corp)

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