Common use of Plan of Reorganization Clause in Contracts

Plan of Reorganization. This Agreement is intended to constitute a "plan of reorganization" within the meaning of Section 1.368-2(g) of the income tax regulations promulgated under the Code. From and after the date of this Agreement and until the Effective Time, each party hereto shall use its reasonable efforts to cause the Merger to qualify, and will not knowingly take any actions or cause any actions to be taken which could prevent the Merger from qualifying, as a reorganization under the provisions of Section 368(a) of the Code. Following the Effective Time, neither the Surviving Corporation, Parent nor any of their affiliates shall knowingly take any action or knowingly cause any action to be taken which would cause the Merger to fail to qualify as a reorganization under Section 368(a) of the Code.

Appears in 8 contracts

Samples: Agreement and Plan of Merger (Universal Outdoor Holdings Inc), Agreement and Plan of Merger (Clear Channel Communications Inc), Agreement and Plan of Merger (SFX Entertainment Inc)

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Plan of Reorganization. This The Agreement is intended to constitute a tax free "plan of reorganization" within the meaning of Section 1.368-2(g) of the income tax regulations promulgated under the Code. From and after the date of this Agreement hereof and until the Effective Time, each party hereto shall use its reasonable best efforts to cause the Merger to qualify, and will not knowingly take any actions or cause any actions to be taken which could prevent the Merger from qualifying, as a reorganization under the provisions of Section 368(a) of the Code. Following the Effective Time, neither the Surviving Corporation, Parent nor any of their affiliates Affiliates shall knowingly take any action or knowingly cause any action to be taken which would cause the Merger to fail to qualify as a reorganization under Section 368(a) of the Code.

Appears in 3 contracts

Samples: Registration Rights Agreement (Dycom Industries Inc), Employment Agreement (Dycom Industries Inc), Agreement and Plan of Merger (Dycom Industries Inc)

Plan of Reorganization. This The Agreement is intended to constitute a "plan of reorganization" within the meaning of Section section 1.368-2(g) of the income tax regulations promulgated under the Code. From and after the date of this Agreement hereof and until the Effective Time, each party hereto shall use its reasonable best efforts to cause the Merger to qualify, and will not knowingly take any actions or cause any actions to be taken which could reasonably be expected to prevent the Merger from qualifying, as a reorganization under the provisions of Section section 368(a) of the Code. Following the Effective Time, neither the Surviving Corporation, Parent nor any of their affiliates shall knowingly take any action or knowingly cause any action to be taken which would could reasonably be expected to cause the Merger to fail to qualify as a reorganization under Section section 368(a) of the Code.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Motorola Inc), Agreement and Plan of Merger (General Instrument Corp)

Plan of Reorganization. This The Agreement is intended to constitute a "plan of reorganization" within the meaning of Section section 1.368-2(g) of the income tax regulations promulgated under the Code. From and after the date of this Agreement hereof and until the Effective Time, each party hereto shall use its reasonable best efforts to cause the Merger to qualify, and will not knowingly take any actions or cause any actions to be taken which could prevent the Merger from qualifying, as a reorganization under the provisions of Section section 368(a) of the Code. Following the Effective Time, neither the Surviving Corporation, Parent Friede Goldman nor any of their affiliates shall knowingly take any action or knowingly cause any action to be taken which would cause the Merger to fail to qualify as a reorganization under Section section 368(a) of the Code.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Halter Marine Group Inc), Agreement and Plan of Merger (Friede Goldman International Inc)

Plan of Reorganization. This The Agreement is intended to constitute a "plan of reorganization" within the meaning of Section 1.368-section 1.368- 2(g) of the income tax regulations promulgated under the Code. From and after the date of this Agreement hereof and until the Effective Time, each party hereto shall use its reasonable best efforts to cause the Merger to qualify, and will not knowingly take any actions or cause any actions to be taken which could prevent the Merger from qualifying, as a reorganization under the provisions of Section section 368(a) of the Code. Following the Effective Time, neither the Surviving Corporation, Parent nor any of their affiliates shall knowingly take any action or knowingly cause any action to be taken which would cause the Merger to fail to qualify as a reorganization under Section section 368(a) of the Code.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Mosinee Paper Corp), Agreement and Plan of Merger (Wausau Paper Mills Co)

Plan of Reorganization. This The Agreement is intended to constitute a "plan of reorganization" within the meaning of Section section 1.368-2(g) of the income tax regulations promulgated under the Code. From and after the date of this Agreement hereof and until the Effective Time, each party hereto shall use its reasonable best efforts to cause the Merger to qualify, and will not knowingly take any actions or cause any actions to be taken which could prevent the Merger from qualifying, as a reorganization under the provisions of Section section 368(a) of the Code. Following the Effective Time, neither the Surviving Corporation, Parent nor any of their affiliates shall knowingly take any action or knowingly cause any action to be taken which would cause the Merger to fail to qualify as a reorganization under Section section 368(a) of the Code.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Fort Howard Corp)

Plan of Reorganization. This The Agreement is intended to constitute a "plan of reorganization" within the meaning of Section section 1.368-2(g) of the income tax regulations promulgated under the Code. From and after the date of this Agreement hereof and until the Effective Time, each party hereto shall use its reasonable best efforts to cause the Merger to qualify, and will not knowingly take any actions or cause any actions to be taken which could prevent the Merger from qualifying, as a reorganization under the provisions of Section section 368(a) of the Code. Following the Effective Time, neither the Surviving 50 Corporation, Parent nor any of their affiliates shall knowingly take any action or knowingly cause any action to be taken which would cause the Merger to fail to qualify as a reorganization under Section section 368(a) of the Code.

Appears in 1 contract

Samples: Agreement and Plan of Merger (James River Corp of Virginia)

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Plan of Reorganization. This Agreement is intended to constitute a "plan of reorganization" within the meaning of Section 1.368-2(g) of the income tax regulations promulgated under the Code. From and after the date of this Agreement and until the Effective Time, each party hereto shall use its reasonable efforts to cause the Merger to qualify, and will not knowingly take any actions or cause any actions to be taken which could prevent the Merger from qualifying, as a reorganization under the provisions of Section 368(a368 (a) of the Code. Following the Effective Time, neither the Surviving Corporation, Parent nor any of their affiliates shall knowingly take any action or knowingly cause any action to be taken which would cause the Merger to fail to qualify as a reorganization under Section 368(a) of the Code.. NY/286183.2

Appears in 1 contract

Samples: Agreement and Plan of Merger (General Bearing Corp)

Plan of Reorganization. (a) This Agreement is intended to constitute a "plan of reorganization" within the meaning of Section section 1.368-2(g) of the income tax regulations promulgated under the Code. From and after the date of this Agreement and until the Effective Time, each party hereto shall use its commercially reasonable efforts to cause the Merger to qualify, and will not knowingly take any actions or cause any actions to be taken action which could reasonably be expected to prevent the Merger from qualifying, qualifying as a reorganization under the provisions of Section section 368(a) of the Code. Following the Effective Time, neither none of the Surviving Corporation, Parent nor or any of their affiliates shall knowingly take any action or knowingly action, cause any action to be taken taken, fail to take any action or cause any action to fail to be taken, which would action or failure to act could cause the Merger to fail to qualify as a reorganization under Section section 368(a) of the Code.

Appears in 1 contract

Samples: Agreement and Plan of Merger (SDL Inc)

Plan of Reorganization. This The Agreement is intended to constitute a "plan of reorganization" within the meaning of Section section 1.368-2(g) of the income tax regulations promulgated under the Code. From and after the date of this Agreement hereof and until the Effective Time, each party hereto shall use its reasonable best efforts to cause the Merger to qualify, and will not knowingly take any actions or cause any actions to be taken which could prevent the Merger from qualifying, as a reorganization under the provisions of Section section 368(a) of the Code. Following the Effective Time, neither the Surviving Corporation, Parent PMR nor any of their affiliates shall knowingly take any action or knowingly cause any action to be taken which would cause the Merger to fail to qualify as a reorganization under Section section 368(a) of the Code.

Appears in 1 contract

Samples: Agreement and Plan of Merger (PMR Corp)

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