Tax-Free Qualification. Parent shall not, and shall not permit any of its Subsidiaries to, take any action that would prevent or impede the Mergers, taken together, from qualifying as a transaction described in Section 351 of the Code.
Appears in 2 contracts
Samples: Merger Agreement (Potomac Electric Power Co), Merger Agreement (Conectiv)
Tax-Free Qualification. Parent shall not, and shall not permit any of its Subsidiaries to, intentionally take or cause to be taken any action that action, whether before or after the Effective Time, which would reasonably be expected to prevent or impede the Mergers, taken together, Merger from qualifying as a transaction described in reorganization within the meaning of Section 351 368(a) of the Code.
Appears in 2 contracts
Samples: Merger Agreement (Traffix Inc), Merger Agreement (New Motion, Inc.)
Tax-Free Qualification. Parent shall notuse its reasonable commercial efforts not to, and shall use its reasonable commercial efforts not to permit any of its Subsidiaries to, take any action (including any action otherwise permitted by this Section 6.2) that would prevent or impede the Mergers, taken together, Merger from qualifying as a transaction described in “reorganization” within the meaning of Section 351 368 (a) of the Code.
Appears in 1 contract
Samples: Merger Agreement (Symmetricom Inc)
Tax-Free Qualification. Parent shall notuse its reasonable commercial efforts not to, and shall use its reasonable commercial efforts not to permit any of its Subsidiaries to, take any action (including any action otherwise permitted by this Section 6.2) that would prevent or impede the Mergers, taken together, Merger from qualifying as a transaction described in "reorganization" within the meaning of Section 351 368 (a) of the Code.
Appears in 1 contract
Samples: Merger Agreement (Datum Inc)