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: Agreement and Plan of Merger (Valueclick Inc/Ca), Registration Rights 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: Plan of Reorganization (Kana Communications Inc), Plan of Reorganization (Kana Communications Inc)
