Section 355. Neither the Company nor any of its Subsidiaries has distributed to its stockholders or security holders stock or securities of a controlled corporation, nor has stock or securities of the Company or any of its Subsidiaries been distributed, in a transaction to which Section 355 of the Code applies (i) in the two years prior to the date of this Agreement or (ii) in a distribution that could otherwise constitute part of a “plan” or “series of related transactions” (within the meaning of Section 355(e) of the Code) that includes the transactions contemplated by this Agreement.
Appears in 4 contracts
Samples: Merger Agreement (Pinnacle Data Systems Inc), Merger Agreement (Nortel Networks Inc.), Merger Agreement (Pec Solutions Inc)
Section 355. Neither the Company nor any of its Subsidiaries has distributed to its stockholders or security holders stock or securities of a controlled corporation, nor has stock or securities of the Company or any of its Subsidiaries been distributed, in a transaction to which Section 355 of the Code applies (i) in the two (2) years prior to the date of this Agreement or (ii) in a distribution that could otherwise constitute part of a “plan” or “series of related transactions” (within the meaning of Section 355(e) of the Code) that includes the transactions contemplated by this Agreement.
Appears in 3 contracts
Samples: Merger Agreement (Avnet Inc), Merger Agreement (Bell Microproducts Inc), Merger Agreement (Nu Horizons Electronics Corp)
Section 355. Neither the Company nor any of its Subsidiaries has ----------- distributed to its stockholders or security holders stock or securities of a controlled corporation, nor has stock or securities of the Company or any of its Subsidiaries been distributed, in a transaction to which Section 355 of the Code applies (i) in the two years prior to the date of this Agreement or (ii) in a distribution that could otherwise constitute part of a “"plan” " or “"series of related transactions” " (within the meaning of Section 355(e) of the Code) that includes the transactions contemplated by this Agreement.
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Section 355. Neither the Company nor any of its Subsidiaries has distributed to its stockholders or security holders stock or securities of a controlled corporation, nor has stock or securities of the Company or any of its Subsidiaries been distributed, in a transaction to which Section 355 of the Code applies (i) in the two years prior to the date of this Agreement or (ii) in a distribution that could otherwise constitute part of a “"plan” " or “"series of related transactions” " (within the meaning of Section 355(e) of the Code) that includes the transactions contemplated by this Agreement.
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