Tax Treatment of Mergers. Unless otherwise required by applicable Law or administrative action, (i) each of GBDC 3, GBDC 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 GBDC 3, GBDC 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.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Golub Capital BDC 3, Inc.), Agreement and Plan of Merger (GOLUB CAPITAL BDC, Inc.)
Tax Treatment of Mergers. Unless otherwise required by applicable Law or administrative action, (i) each of GBDC 3GCIC, GBDC 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 GBDC 3GCIC, GBDC 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.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (GOLUB CAPITAL BDC, Inc.), Agreement and Plan of Merger (GOLUB CAPITAL INVESTMENT Corp)
