Treatment as a Reorganization. Neither Parent nor the Company shall take any action prior to or following the Merger that could reasonably be expected to cause the Merger to fail to qualify as a “reorganization” within the meaning of Section 368(a) of the Code.
Appears in 3 contracts
Samples: Merger Agreement (Ithaka Acquisition Corp), Merger Agreement (Ithaka Acquisition Corp), Agreement and Plan of Merger (Apex Bioventures Acquisition Corp)
Treatment as a Reorganization. Neither Parent nor the Company nor Stockholders shall take any action prior to or following the Merger that could reasonably be expected to cause the Merger to fail to qualify as a “"reorganization” " within the meaning of Section 368(a) of the Code.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Cea Acquisition Corp), Agreement and Plan of Merger (Tremisis Energy Acquisition Corp), Agreement and Plan of Merger (Arpeggio Acquisition Corp)
Treatment as a Reorganization. Neither Notwithstanding any other provision herein, neither Parent nor the Company nor stockholders shall take any action prior to or following the Merger that could reasonably be expected to cause the Merger to fail to qualify as a “reorganization” within the meaning of Section 368(a) of the Code.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Israel Technology Acquisition Corp.), Agreement and Plan of Merger (Israel Technology Acquisition Corp.)
Treatment as a Reorganization. Neither Parent nor the Company nor the Signing Stockholders shall take any action prior to or following the Merger that could reasonably be expected to cause the Merger to fail to qualify as a “"reorganization” " within the meaning of Section 368(a) of the Code.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Juniper Partners Acquisition Corp.)
Treatment as a Reorganization. Neither Parent nor the Company or the Stockholder shall take any action prior to or following the Merger that could reasonably be expected to cause the Merger to fail to qualify as a “reorganization” within the meaning of Section 368(a368(a)(1)(A) of the CodeCode and the regulations thereunder.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Trio Merger Corp.)
Treatment as a Reorganization. Neither Parent nor the Company nor the Signing Stockholders shall take any action prior to or following the Merger that could reasonably be expected to cause the Merger to fail to qualify as a “‘‘reorganization” ’’ within the meaning of Section 368(a) of the Code.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Juniper Partners Acquisition Corp.)
