Section 338 Election definition

Section 338 Election has the meaning given to that term in Section 11.4(a).
Section 338 Election shall have the meaning set forth in Section 2.5 hereof.
Section 338 Election means an election that may be made by the Buyer or any of its nominated subsidiaries under Section 338(g) of the Code in respect to the acquisition of the SPV Shares hereunder.

Examples of Section 338 Election in a sentence

  • Notwithstanding any provision of this Agreement to the contrary, Buyer or any of its nominated subsidiaries also shall have exclusive authority to make a Section 338 Election in respect to the acquisition of the SPV Shares hereunder and to prepare and file or cause to be prepared and filed all Tax Returns in connection therewith.

  • Sellers shall prepare, or cause to be prepared, and file or cause to be filed, all income tax reports and returns for any Pre-Closing Period, including the effects to the Companies of the Section 338 Election.

  • I feel that these are critical to the safety of all practitioners and urge people to take a few minutes to consider the risks in your own working environment.

  • For the avoidance of doubt, neither Seller nor its Affiliates shall be entitled indemnification pursuant to Section 6.2 or Article IX for any additional Taxes of Seller and its Affiliates resulting from a Section 338 Election whether made pursuant to Section 6.10 or Section 6.11.

  • It held that under the AFSCME standard, “where there is reasonable cause to believe the complaint is well founded, public employee privacy must give way to the public’s right to know.” Id. at 1045-46.


More Definitions of Section 338 Election

Section 338 Election shall have the meaning set forth in Section 8.05(h)(i).
Section 338 Election is defined in Section 4.12.
Section 338 Election has the meaning ascribed to it in Clause 13.1;
Section 338 Election is defined in Section 8.8(a).
Section 338 Election as defined in Section 6.6(a)(i).
Section 338 Election shall have the meaning ascribed to such term in Section 11.5(a). "SECTION 338 FORMS" shall have the meaning ascribed to such term in Section 11.5(b).
Section 338 Election has the meaning set forth in SECTION 7.4(A).