Treatment as Reorganization. Neither Target nor Acquiror 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.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Multex Com Inc), Agreement and Plan of Merger and Reorganization (Crossroads Systems Inc), Agreement and Plan of Reorganization (Cisco Systems Inc)
Treatment as Reorganization. Neither Target nor Acquiror shall --------------------------- knowingly 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.
Appears in 1 contract
Treatment as Reorganization. Neither Target nor Acquiror 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.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Kana Communications Inc)