Tax-Free Reorganization Treatment. The Company and Parent shall not, and shall not permit any of their respective Subsidiaries to, intentionally take or cause to be taken any action not otherwise consistent with the transactions contemplated by this Agreement which could reasonably be expected to prevent the Merger from qualifying as a "reorganization" within the meaning of Section 368(a) of the Code.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Access Pharmaceuticals Inc), Agreement and Plan of Merger (Access Pharmaceuticals Inc), Agreement and Plan of Merger (Somanta Pharmaceuticals Inc.)
Tax-Free Reorganization Treatment. The (a) Neither Company and nor Parent shall, nor shall not, and shall not they permit any of their respective Subsidiaries to, intentionally take or cause to be taken any action not otherwise consistent with the transactions contemplated by this Agreement which could reasonably be expected to prevent that would disqualify the Merger from qualifying as a "reorganization" reorganization within the meaning of Section 368(a) of the Code.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Axys Pharmaceuticals Inc), Agreement and Plan of Merger (Axys Pharmaceuticals Inc), Agreement and Plan of Merger (Applera Corp)
Tax-Free Reorganization Treatment. The Company Company, Parent and Parent shall not, and Merger Sub shall not permit any of their respective Subsidiaries to, intentionally take or cause to be taken any action not otherwise consistent with the transactions contemplated by this Agreement or which could reasonably be expected to prevent the Merger from qualifying as a "“reorganization" ” within the meaning of Section 368(a) of the Code.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Macrochem Corp), Agreement and Plan of Merger (Access Pharmaceuticals Inc)
Tax-Free Reorganization Treatment. The Company and Parent shall not, and shall not permit any of their respective Subsidiaries to, intentionally take or cause to be taken any action not otherwise consistent with the transactions contemplated by this Agreement which could reasonably be expected to prevent the Merger from qualifying as a "“reorganization" ” within the meaning of Section 368(a) of the Code.
Appears in 1 contract
Tax-Free Reorganization Treatment. The Company Holdings, the Company, Parent and Parent shall not, and Merger Sub shall not permit any of their respective Subsidiaries to, intentionally take or cause to be taken any action not otherwise consistent with the transactions contemplated by this Agreement or which could reasonably be expected to prevent the Merger from qualifying as a "“reorganization" ” within the meaning of Section 368(a) of the Code.
Appears in 1 contract
Tax-Free Reorganization Treatment. The Neither the Company and nor Parent shall notshall, and shall not permit any of their respective Subsidiaries subsidiaries to, intentionally take or cause to be taken any action not otherwise consistent with the transactions contemplated by this Agreement which could would reasonably be expected to prevent disqualify the Merger from qualifying as a "reorganization" within the meaning of Section 368(a) of the Code.
Appears in 1 contract
Tax-Free Reorganization Treatment. The Company and Parent shall not, and shall not permit any of their respective Subsidiaries subsidiaries to, intentionally take or cause to be taken any action not otherwise consistent with the transactions contemplated by this Agreement which could reasonably be expected to prevent would disqualify the Merger from qualifying as a "reorganization" within the meaning of Section 368(a) of the Code.
Appears in 1 contract
