Treatment as a Reorganization. Neither Parent nor the Company shall take any action prior to or following the Merger that could reasonably be expected to cause the Merger to fail to qualify as a “reorganization” within the meaning of Section 368(a) of the Code.
Treatment as a Reorganization. Neither Buyer nor Company nor Stockholders shall take any action prior to or following the Transaction that could reasonably be expected to cause the Merger to fail to qualify as a "reorganization" within the meaning of Section 368(a) of the Code.
Treatment as a Reorganization. Neither Parent nor Merger Sub shall take any action prior to or following the Merger that could reasonably be expected to cause the Merger to fail to qualify as a "reorganization" within the meaning of Section 368(a) of the Code.
Treatment as a Reorganization. None of Parent, Merger Sub or the Company shall take any action prior to or following the Merger that could reasonably be expected to cause the Merger to fail to qualify as a “reorganization” within the meaning of Section 368(a) of the Code, and none of the parties shall take any position on any tax return, or take any other reporting position, that is inconsistent with the treatment of the Merger as a “reorganization” within the meaning of Section 368(a) of the Code
Treatment as a Reorganization. Consistent with the intent of the Parties, each of FPI and FPM shall treat, and cause its Affiliates to so treat, the Merger as a reorganization under Section 368(a) of the Code with respect to all Tax Returns, to the extent consistent with law.
Treatment as a Reorganization. Parent and the Company shall not take any action that is reasonably likely to prevent the Transaction from qualifying as a reorganization within the meaning of Section 368(a) of the Code.
Treatment as a Reorganization. Neither Beacon nor the Company shall take any action prior to or following the Transactions that could reasonably be expected to cause the Share Exchange to fail to qualify as a "reorganization" within the meaning of Section 368(a) of the Code.
Treatment as a Reorganization. (a) The Company shall not take, and shall use its best efforts not to permit any Affiliate of the Company to take, any actions that could impact the Members to fail to qualify for nonrecognition of gain or loss under Section 351(a) of the Code.
Treatment as a Reorganization. None of Quartet, Holdco, Merger Sub, the Company or the Stockholders shall take any action prior to or following the Mergers that could reasonably be expected to cause either of the Mergers to fail to qualify as a “reorganization” within the meaning of Section 368(a)(i)(A) of the Code and the regulations thereunder.
Treatment as a Reorganization. Consistent with the intent of the Parties, each of the Parties shall treat, and cause its Affiliates to so treat, the Merger as a tax-free reorganization under the Code with respect to all Tax Returns, to the extent consistent with law.
