Treatment as Reorganization. Neither Company nor Parent shall take any action prior to or following the Closing that would cause the merger to fail to qualify as a “reorganization” within the meaning of Section 368(a) of the Code. Company and Parent shall cooperate in obtaining the opinions referred to in Sections 6.2(d) and 6.3(e) hereof, including using reasonable efforts to provide counsel with the representation letters also described in Sections 6.2(d) and 6.3(e).
Appears in 3 contracts
Samples: Merger Agreement (Centra Software Inc), Merger Agreement (Saba Software Inc), Merger Agreement (Nptest Holding Corp)
Treatment as Reorganization. Neither Company nor Parent shall take any action prior to or following the Closing that would cause the merger to fail to qualify as a “"reorganization” " within the meaning of Section 368(a) of the Code. Company and Parent shall cooperate in obtaining the opinions referred to in Sections 6.2(d) and 6.3(eSection 6.1(e) hereof, including using reasonable efforts to provide providing counsel with the representation letters also described in Sections 6.2(d) and 6.3(eSection 6.1(e).
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Novellus Systems Inc), Merger Agreement (Speedfam Ipec Inc)
Treatment as Reorganization. Neither Company nor Parent shall knowingly take any action or fail to take any action prior to or following the Closing that would cause the merger Merger to fail to qualify qualify, or prevent the Merger from qualifying, respectively, as a “"reorganization” " within the meaning of Section 368(a) of the Code. Company and Parent shall cooperate in obtaining the opinions referred to in Sections 6.2(d) and 6.3(eSection 6.1(d) hereof, including using reasonable efforts to provide providing counsel with the representation letters also described in Sections 6.2(d) and 6.3(eSection 6.1(d).
Appears in 1 contract
Samples: Merger Agreement (Micrel Inc)
Treatment as Reorganization. Neither the Company nor Parent shall take any action prior to or following the Closing that would cause the merger to fail to qualify as a “reorganization” within the meaning of Section 368(a) 368 of the Code. Company and Parent shall cooperate in obtaining the opinions referred to in Sections 6.2(d) and 6.3(e) hereof, including using reasonable efforts to provide counsel with the representation letters also described in Sections 6.2(d) and 6.3(e).
Appears in 1 contract