Treatment as Reorganization. Neither Acquiror, Merger Sub nor the Company 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 Internal Revenue Code.
Appears in 2 contracts
Samples: Merger Agreement (Valueclick Inc/Ca), Merger Agreement (Valueclick Inc/Ca)
Treatment as Reorganization. Neither Acquiror, Parent nor Merger Sub nor the Company shall take any action prior to or following the Closing that would cause the Merger merger to fail to qualify as a "reorganization" within the meaning of Section 368(a) of the Internal Revenue Code.
Appears in 2 contracts
Samples: Merger Agreement (Kana Communications Inc), Merger Agreement (Kana Communications Inc)
Treatment as Reorganization. Neither Acquiror, Merger Sub nor the Company nor Parent shall take any action prior to or following the Closing that would cause the Merger merger to fail to qualify as a tax-deferred "reorganization" within the meaning of Section 368(a) 368 of the Internal Revenue Code.
Appears in 1 contract
Samples: Merger Agreement (Biodelivery Sciences International Inc)
