Tax-Free Qualification. The Corporation shall use its reasonable best efforts not to, and shall use its reasonable best efforts not to permit any of its respective Subsidiaries to, take any action that would prevent or impede the Merger from qualifying as a reorganization under Section 368 of the Code.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Synthesis Energy Systems Inc), Agreement and Plan of Merger (Synthesis Energy Systems Inc)
Tax-Free Qualification. The Corporation Company shall use its reasonable best efforts not to, and shall use its reasonable best efforts not to permit any of its respective Subsidiaries subsidiaries to, take any action (including any action otherwise permitted by this Article VI) that would prevent or impede the Merger from qualifying as a reorganization under Section 368 of the Code.
Appears in 2 contracts
Samples: Merger Agreement (Disc Graphics Inc /De/), Merger Agreement (Dg Acquisition Corp)
Tax-Free Qualification. The Corporation Company shall use its reasonable best commercial efforts not to, and shall use its reasonable best commercial efforts not to permit any of its respective Subsidiaries to, take any action (including any action otherwise permitted by this Section 6.1) that would prevent or impede the Merger from qualifying as a reorganization under “reorganization” within the meaning of Section 368 368(a) of the Code.
Appears in 1 contract
Samples: Merger Agreement (Symmetricom Inc)
Tax-Free Qualification. The Corporation Company shall use its reasonable best efforts not to, and shall use its reasonable best efforts not to permit any of its respective Subsidiaries to, take any action (including any action otherwise permitted by this Section 5.1) that would be reasonably expected to prevent or impede the Merger from qualifying as a reorganization under "reorganization" within the meaning of Section 368 368(a) of the Code.
Appears in 1 contract
