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Common use of Spin-Offs Clause in Contracts

Spin-Offs. Neither the Company nor any of its Subsidiaries has constituted either a “distributing corporation” or a “controlled corporation” in a distribution of stock intended to qualify for tax-free treatment pursuant to Section 355 of the Code.

Appears in 5 contracts

Samples: Merger Agreement (Lifelock, Inc.), Merger Agreement (Linkedin Corp), Merger Agreement (Cvent Inc)

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Spin-Offs. Neither the Company nor any of its Subsidiaries Company Subsidiary has constituted either a “distributing corporation” or a “controlled corporation” in a distribution of stock intended to qualify qualifying for tax-free treatment pursuant to under Section 355 of the CodeCode during the immediately preceding two years.

Appears in 3 contracts

Samples: Merger Agreement (Unilens Vision Inc), Merger Agreement (Salix Pharmaceuticals LTD), Merger Agreement (Valeant Pharmaceuticals International, Inc.)

Spin-Offs. Neither Since January 1, 2015, neither the Company nor any of its Subsidiaries has constituted either a “distributing corporation” or a “controlled corporation” in a distribution of stock intended to qualify for tax-free treatment pursuant to Section 355 of the Code.

Appears in 2 contracts

Samples: Merger Agreement (Roper Technologies Inc), Merger Agreement (Rocket Fuel Inc.)

Spin-Offs. Neither During the last two (2) years, neither the Company nor any of its Subsidiaries has constituted either a “distributing corporation” or a “controlled corporation” in a distribution of stock intended to qualify for tax-free treatment pursuant to Section 355 of the Code.

Appears in 2 contracts

Samples: Merger Agreement (Fox Factory Holding Corp), Merger Agreement (Compass Group Diversified Holdings LLC)

Spin-Offs. Neither the Company nor any of its Subsidiaries has constituted either a “distributing corporation” or a “controlled corporation” (within the meaning of Section 355(a)(1)(A) of the Code) in a distribution of stock intended to qualify for tax-free treatment pursuant to nonrecognition of gain or loss under Section 355 of the Code.

Appears in 2 contracts

Samples: Merger Agreement, Merger Agreement (NetApp, Inc.)

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Spin-Offs. Neither the Company nor any of its Subsidiaries has constituted either a "distributing corporation" or a "controlled corporation" in a distribution of stock intended to qualify for tax-free treatment pursuant to Section 355 of the Code.

Appears in 1 contract

Samples: Merger Agreement (Marketo, Inc.)

Spin-Offs. Neither the Company nor any of its Subsidiaries has constituted either a “distributing corporation” or a “controlled corporation” in a distribution of stock intended to qualify for tax-free treatment pursuant to under Section 355 or Section 361 of the Code.

Appears in 1 contract

Samples: Merger Agreement (Kyphon Inc)

Spin-Offs. Neither the Company nor any of its Subsidiaries has constituted either a “distributing corporation” or a “controlled corporation” (within the meaning of Section 355(a)(1)(A) of the Code) in a distribution of stock intended to qualify for tax-free treatment pursuant to nonrecognition of gain or loss under Section 355 of the Code.

Appears in 1 contract

Samples: Merger Agreement (Barracuda Networks Inc)