Common use of TAX STATUS OF REORGANIZATION Clause in Contracts

TAX STATUS OF REORGANIZATION. It is the intention of the Funds that the transaction contemplated by this Agreement with respect to the Predecessor Fund and the Successor Fund will qualify as a reorganization within the meaning of Section 368(a) of the Code. Except as otherwise expressly provided in this Agreement, none of the Predecessor Trust, the Predecessor Fund, the Successor Trust or the Successor Fund shall take any action or cause any action to be taken (including without limitation the filing of any tax return) that is inconsistent with such treatment or results in the failure of the transaction to qualify as a reorganization within the meaning of Section 368(a) of the Code. At or prior to the Closing, the parties to this Agreement will take such reasonable action, or cause such action to be taken, as is reasonably necessary to enable Xxxxxx Price P.C. to render the tax opinion contemplated by paragraph 8.4.

TAX STATUS OF REORGANIZATION. It is the intention of the Funds that the transaction contemplated by this Agreement with respect to the Predecessor Fund and the Successor Fund will qualify as a reorganization within the meaning of Section 368(a) of the Code. Except as otherwise expressly provided in this Agreement, none of the Predecessor Trust, the Predecessor Fund, Fund the Successor Trust or the Successor Fund shall take any action or cause any action to be taken (including without limitation the filing of any tax return) that is inconsistent with such treatment or results in the failure of the transaction to qualify as a reorganization within the meaning of Section 368(a) of the Code. At or prior to the Closing, the parties to this Agreement will take such reasonable action, or cause such action to be taken, as is reasonably necessary to enable Xxxxxx Price P.C. to render the tax opinion contemplated by paragraph 8.48.5.