Tax and Accounting Consequences. It is intended by the parties hereto that the Merger shall constitute a reorganization within the meaning of Section 368 of the Code. No party shall take any action which would, to such party's knowledge, cause the Merger to fail to so qualify as a reorganization within the meaning of Section 368 of the Code.
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Samples: Agreement and Plan of Reorganization (I2 Technologies Inc), Agreement and Plan of Reorganization (I2 Technologies Inc)
Tax and Accounting Consequences. It is intended by the parties hereto that the Merger shall not constitute a reorganization within the meaning of Section 368 of the Code. No , provided that no party shall makes any representation to any other party or its Shareholders as to the tax consequences of the Merger or commits to take any action which would, to such party's knowledge, cause effect the Merger to fail to so qualify foregoing intent except as a reorganization within the meaning of Section 368 of the Codemay be expressly provided herein.
Appears in 2 contracts
Samples: Merger Agreement (Keravision Inc /Ca/), Agreement and Plan of Reorganization (Transcend Therapeutics Inc)
Tax and Accounting Consequences. It is intended by the parties hereto that the Merger shall shall, if possible, constitute a reorganization within the meaning of Section 368 of the Code. No party shall take any action which would, to such party's knowledge, cause the Merger to fail to so qualify as a reorganization within the meaning of Section 368 of the Code.
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Samples: Agreement and Plan of Reorganization (Startec Global Communications Corp)
Tax and Accounting Consequences. It is intended by the parties hereto that the Merger shall constitute a reorganization within the meaning of Section 368 of the Code. No party Party shall take any action which would, to such partyParty's knowledge, cause the Merger to fail to so qualify as a reorganization within the meaning of Section 368 of the Code.
Appears in 1 contract
