Tax and Accounting Treatment. Each of Parent and Company shall not take any action and shall not fail to take any action which action or failure to act would prevent, or would be reasonably likely to prevent, the Merger from qualifying (A) for "pooling of interests" accounting treatment or (B) a 368 Reorganization.
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Samples: Merger Agreement (Arbor Drugs Inc), Merger Agreement (CVS Corp), Merger Agreement (CVS Corp)
Tax and Accounting Treatment. Each of Parent and the Company shall not take any action and shall not fail to take any action which action or failure to act would prevent, or would be reasonably likely to prevent, the Merger from qualifying (A) for "pooling of interests" interests accounting treatment or (B) as a 368 Reorganizationreorganization within the meaning of Section 368(a) of the Code and shall use reasonable efforts to obtain the opinions of counsel and the letters of accountants referred to in Sections 6.02(d), 6.03(d) and 6.01(f).
Appears in 3 contracts
Samples: Merger Agreement (Newmont Mining Corp), Merger Agreement (Santa Fe Pacific Gold Corp), Merger Agreement (Santa Fe Pacific Gold Corp)
Tax and Accounting Treatment. Each of Parent of Parent and the Company shall not take any action and shall not fail to take any action which action or failure to act would prevent, or would be reasonably likely to prevent, the Merger from qualifying (A) for "pooling of interests" interests accounting treatment or (B) as a 368 Reorganizationreorganization within the meaning of Section 368(a) of the Code and shall use reasonable efforts to obtain the opinions of counsel and the letters of accountants referred to in Sections 6.02(d), 6.03(d) and 6.01(f).
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