Tax-Free Transaction. From and after the date of this Agreement, each party hereto shall use all reasonable efforts to cause the Merger to qualify, and shall not knowingly take any actions or cause any actions to be taken which could reasonably be expected to prevent the Merger from qualifying as a "reorganization" under Section 368(a) of the Code.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sopheon PLC), Agreement and Plan of Merger and Reorganization (Opticare Health Systems Inc)
Tax-Free Transaction. (a) From and after the date of this Agreement, each party hereto shall use all reasonable efforts to cause the Merger to qualify, and shall not knowingly take any actions or cause any actions to be taken which could reasonably be expected to prevent the Merger from qualifying as a "reorganization" under Section 368(a) of the Code.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Doubleclick Inc), Agreement and Plan of Merger and Reorganization (Netcreations Inc)
Tax-Free Transaction. (a) From and after the date of this Agreement, each party hereto shall use all reasonable efforts to cause the Merger to qualify, and shall not knowingly take any actions or cause any actions (except as contemplated by this Agreement) to be taken which could reasonably be expected to prevent the Merger from qualifying as a "reorganization" under Section 368(a) of the Code.
Appears in 1 contract
Tax-Free Transaction. From and after the date of this Agreement, each party hereto shall use all its commercially reasonable efforts to cause the Merger Mergers, taken together, to qualify, and shall not knowingly take any actions or cause any actions to be taken which could reasonably be expected to prevent the Merger Mergers, taken together, from qualifying qualifying, as a "“reorganization" ” under Section section 368(a) of the Code.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Smith & Wesson Holding Corp)
Tax-Free Transaction. (a) From and after the date of this Restated Agreement, each party hereto shall use all reasonable efforts to cause the Merger to qualify, and shall not knowingly take any actions or cause any actions to be taken which could reasonably be expected to prevent the Merger from qualifying as a "'reorganization" ' under Section 368(a) of the Code.
Appears in 1 contract
Tax-Free Transaction. (a) From and after the date of this Agreement, each party hereto shall use all reasonable efforts to cause the Merger to qualify, and shall not knowingly take any actions or cause any actions to be taken which could reasonably be expected to prevent the Merger from qualifying as a "reorganization" under Section 368(a) of the Code.or
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Messagemedia Inc)
Tax-Free Transaction. (a) From and after the date of this Restated Agreement, each party hereto shall use all reasonable efforts to cause the Merger to qualify, and shall not knowingly take any actions or cause any actions to be taken which could reasonably be expected to prevent the Merger from qualifying as a "reorganization" under Section 368(a) of the Code.
Appears in 1 contract
Tax-Free Transaction. From and after the date of this Agreement, including after Closing, each party hereto shall use all reasonable efforts to cause the Merger to qualify, and shall not knowingly take any actions or cause any actions to be taken which could reasonably be expected to prevent the Merger from qualifying qualifying, as a "“reorganization" ” under Section 368(a) of the Code.
Appears in 1 contract
Tax-Free Transaction. (a) From and after the date of this Agreement, each party hereto shall use all reasonable efforts to cause the Merger to qualify, and shall not knowingly take any actions or cause any actions to be taken which could reasonably be expected to prevent the Merger from qualifying as a "reorganization" under Section 368(a) of the Code.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (At Plan Inc)
Tax-Free Transaction. (a) From and after the date of this Agreement, each party hereto shall use all reasonable efforts to cause the Merger to qualify, and shall not knowingly take any actions or cause any actions to be taken which could reasonably be expected to prevent the Merger from qualifying as a "reorganization" under Section 368(a) of the Code.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Doubleclick Inc)
Tax-Free Transaction. From and after the date of this Agreement, each Each party hereto shall use all reasonable efforts to cause the Merger to qualify, and shall not knowingly take any actions or cause any actions to be taken which could reasonably be expected to prevent the Merger from qualifying qualifying, as a "reorganization" under Section 368(a) of the Code.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Ask Jeeves Inc)
