Common use of Treatment as Reorganization Clause in Contracts

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: Agreement and Plan of Reorganization (Saba Software Inc), Agreement and Plan of Reorganization (Centra Software Inc), Agreement and Plan of Reorganization (Nptest Holding Corp)

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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 (Speedfam Ipec Inc), Agreement and Plan of Merger and Reorganization (Novellus Systems Inc)

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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: Agreement and Plan of Merger and Reorganization (Micrel Inc)

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