Common use of Asset Acquisitions Clause in Contracts

Asset Acquisitions. As of the Effective Time, none of Shire, ------------------ any qualified subsidiary of Shire or any qualified partnership of which Shire is a partner (each as defined above in Section 3.2(dd)) will own any assets acquired outside the ordinary course of business within the preceding 36-month period that would cause Shire to fail to satisfy the "substantiality test" set forth in Treas. Reg. (S) 1.367(a)-3(c)(3)(iii).

Appears in 2 contracts

Sources: Merger Agreement (Shire Pharmaceuticals Group PLC), Merger Agreement (Roberts Pharmaceutical Corp)

Asset Acquisitions. As of the Effective Time, none of Shire, ------------------ any qualified subsidiary of Shire or any qualified partnership of which Shire is a partner (each as defined above in Section 3.2(dd)) will own any assets acquired outside the ordinary course of business within the preceding 36-month period that would cause Shire to fail to satisfy the "substantiality test" set forth in Treas. Reg. (S) ss. 1.367(a)-3(c)(3)(iii).

Appears in 1 contract

Sources: Merger Agreement (Shire Pharmaceuticals Group PLC)