Tax Treatment of Mergers. Unless otherwise required by applicable Law or administrative action, (i) each of CCT, FSIC and Merger Sub shall use its reasonable best efforts to cause the Merger to qualify as a reorganization governed by Section 368(a) of the Code, including by not taking any action that such party knows is reasonably likely to prevent such qualification; and (ii) each of CCT, FSIC and Merger Sub shall report the Mergers for U.S. federal income Tax purposes as a reorganization governed by Section 368(a) of the Code.
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Samples: Agreement and Plan of Merger (FS Investment CORP), Agreement and Plan of Merger (Corporate Capital Trust, Inc.), Agreement and Plan of Merger (Corporate Capital Trust, Inc.)
Tax Treatment of Mergers. Unless otherwise required by applicable Law or administrative action, (i) each of CCTFSK, FSIC FSKR and Merger Sub shall use its reasonable best efforts to cause the Merger Mergers to qualify as a reorganization governed by Section 368(a) of the Code, including by not taking any action that such party knows is reasonably likely to prevent such qualification; and (ii) each of CCTFSK, FSIC FSKR and Merger Sub shall report the Mergers for U.S. federal income Tax purposes as a reorganization governed by Section 368(a) of the Code.
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