Tax-Free Qualification. Company shall not, and shall not permit any of its Subsidiaries to, intentionally take or cause to be taken any action, whether before or after the Effective Time, which would reasonably be expected to prevent or impede the Merger from qualifying as a reorganization within the meaning of Section 368(a) of the Code.
Appears in 2 contracts
Samples: Merger Agreement (Traffix Inc), Merger Agreement (New Motion, Inc.)
Tax-Free Qualification. The Company shall not, and shall not permit any of its Subsidiaries to, intentionally take or cause to be taken any action, whether before or after the Effective Time, which action (including any action otherwise permitted by this Section 5.1) that it knows would reasonably be expected to prevent or impede the Merger from qualifying as a reorganization "reorganization" within the meaning of Section 368(a) of the Code.
Appears in 2 contracts
Samples: Merger Agreement (Plato Learning Inc), Merger Agreement (Lightspan Inc)
Tax-Free Qualification. The Company shall notuse its reasonable commercial efforts not to, and shall use its reasonable commercial efforts not to permit any of its Subsidiaries to, intentionally take or cause to be taken any action, whether before or after the Effective Time, which action (including any action otherwise permitted by this Section 6.1) that would reasonably be expected to prevent or impede the Merger from qualifying as a reorganization "reorganization" within the meaning of Section 368(a) of the Code.
Appears in 1 contract
Samples: Merger Agreement (Datum Inc)
