Tax Treatment of the Merger. The parties intend that, for United States federal income tax purposes (and, where applicable, state and local income tax purposes), the Merger shall qualify as a “reorganization” within the meaning of Section 368(a) of the Code, and that this Agreement shall be, and is hereby adopted as, a “plan of reorganization” for purposes of Section 354 and 361 of the Code.
Appears in 7 contracts
Samples: Amended and Restated Agreement and Plan of Merger (Monmouth Real Estate Investment Corp), Amended and Restated Agreement and Plan of Merger (Monmouth Real Estate Investment Corp), Amended and Restated Agreement and Plan of Merger (Equity Commonwealth)
Tax Treatment of the Merger. The parties intend It is intended that, for United States U.S. federal income tax purposes (and, where applicable, state and local income tax purposes), the Merger shall qualify as a “reorganization” within the meaning of Section 368(a) of the Code, and that this Agreement shall be, is intended to be and is hereby adopted as, as a part of a “plan of reorganization” for the purposes of Section Sections 354 and 361 of the Code.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Enbridge Energy Management L L C), Agreement and Plan of Merger (Enbridge Inc)
Tax Treatment of the Merger. The parties intend that, for United States For U.S. federal income tax purposes (andpurposes, where applicable, state and local income tax purposes), the Parties intend that the Merger shall qualify as a “reorganization” reorganization within the meaning of Section 368(a) of the CodeCode and the Treasury Regulations promulgated thereunder, and that this Agreement shall is intended to be, and is hereby adopted as, a “plan of reorganization” for purposes of Section Sections 354 and 361 of the CodeCode and within the meaning of Treasury Regulations §§ 1.368-2(g) and 1.368-3(a).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Americas Silver Corp), Agreement and Plan of Merger (Pershing Gold Corp.)
Tax Treatment of the Merger. The parties intend that, for United States For U.S. federal income tax purposes (andpurposes, where applicable, state and local income tax purposes), the Parties intend that the Merger shall qualify as a “reorganization” reorganization within the meaning of Section 368(a) of the CodeCode and the Treasury Regulations promulgated thereunder and/or as an exchange under Section 351 of the Code and the Treasury Regulations promulgated thereunder, and that this Agreement shall is intended to be, and is hereby adopted as, a “plan of reorganization” for purposes of Section Sections 354 and 361 of the CodeCode and within the meaning of Treasury Regulations Sections 1.368-2(g) and 1.368-3(a).”
Appears in 1 contract
Samples: Agreement and Plan of Merger (Magellan Petroleum Corp /De/)
Tax Treatment of the Merger. The parties intend that, for United States For U.S. federal income tax purposes (andpurposes, where applicable, state and local income tax purposes), the Parties intend that the Merger shall qualify as a “reorganization” reorganization within the meaning of Section 368(a) of the CodeCode and the Treasury Regulations promulgated thereunder, and that this Agreement shall is intended to be, and is hereby adopted as, a “plan of reorganization” for purposes of Section Sections 354 and 361 of the CodeCode and within the meaning of Treasury Regulations Sections 1.368-2(g) and 1.368-3(a).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Magellan Petroleum Corp /De/)
Tax Treatment of the Merger. The parties intend that, hereto agree to treat the Merger for United States U.S. federal income tax purposes (and, where applicable, state and local income tax purposes), the Merger shall qualify as a “reorganization” within the meaning of tax-free reorganization under Section 368(a) of the Code, and that hereby adopt this Agreement shall be, and is hereby adopted as, as a “plan of reorganization” for purposes within the meaning of Treasury Regulations Section 354 and 361 of the Code1.368-2(g).
Appears in 1 contract
Samples: Agreement and Plan of Merger (New Century Reit Inc)
