Treatment as Reorganization. None of Parent, Merger Sub or the Company shall, and they shall not permit any of their respective Subsidiaries to, take any action prior to or following the Closing which would 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: Merger Agreement (Yahoo Inc), Merger Agreement (Overture Services Inc)
Treatment as Reorganization. None of Parent, Merger Sub or the Company shall, and they shall not permit any of their respective Subsidiaries to, take any action (or fail to take any action) prior to or following the Closing which that would reasonably be expected to cause the Merger to fail to qualify as a reorganization within with the meaning of Section 368(a) of the Code.
Appears in 2 contracts
Samples: Merger Agreement (Sirenza Microdevices Inc), Merger Agreement (Micro Linear Corp /Ca/)
Treatment as Reorganization. None of Parent, Merger Sub or the Company Target shall, and they shall not permit any of their respective Subsidiaries to, take any action (or fail to take any action) prior to or following the Closing which that would reasonably be expected to cause the Merger to fail to qualify as a reorganization within with the meaning of Section 368(a) of the Code.
Appears in 2 contracts
Samples: Merger Agreement (Geo Group Inc), Merger Agreement (Cornell Companies Inc)
Treatment as Reorganization. None of Parent, Merger Sub 1, Merger Sub 2 or the Company shall, and they shall not permit any of their respective Subsidiaries to, take any action (or fail to take any action) prior to or following the Closing which that would reasonably be expected to cause the Merger to fail to qualify as a reorganization within with the meaning of Section 368(a) of the Code.
Appears in 2 contracts
Samples: Merger Agreement (Transwitch Corp /De), Merger Agreement (Centillium Communications Inc)
Treatment as Reorganization. None of the Parent, Merger Sub Two or the Company shall, and they shall not permit any of their respective Subsidiaries to, take any action (or fail to take any action) prior to or for a reasonable period following the Closing which that would reasonably be expected to cause the Merger to fail to qualify as a reorganization within with the meaning of Section 368(a) of the Code.
Appears in 1 contract
Samples: Merger Agreement (MCF Corp)
Treatment as Reorganization. None of Parent, Merger Sub or the Company shall, and they shall not permit any of their respective Subsidiaries to, take any action prior to or following the Closing which that would reasonably be expected to cause the Merger to fail to qualify as a reorganization within with the meaning of Section 368(a) of the Code.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Speechworks International Inc)
