Pooling Accounting. Notwithstanding anything to the contrary herein, if, but for any provision of this Agreement, a Change in Control transaction would otherwise be accounted for as a pooling-of-interests under APB No.16 ("Pooling Accounting") (after giving effect to xxx xxx xll other facts and circumstances affecting whether such Change in Control transaction would use Pooling Accounting), such provision or provisions of this Agreement which would otherwise cause the Change in Control transaction to be ineligible for Pooling Accounting shall be void and ineffective in such a manner and to the extent that by eliminating such provision or provisions of this Agreement, Pooling Accounting would be required for such Change in Control transaction.
Pooling Accounting. Parent and Company shall each use its ------------------ reasonable best efforts to cause the business combination to be effected by the Merger to be accounted for as a pooling of interests. Company shall use its reasonable best efforts, if the transactions represented by the Merger are 'poolable', to cause its "affiliates" (as defined in Section 5.18) not to take any action that would adversely affect the ability of Parent to account for the business combination to be effected by the Merger as a pooling of interests.
Pooling Accounting. From and after the date hereof and until the Effective time, neither Seller nor Buyer, nor any of their respective Subsidiaries, shall knowingly take any action, or knowingly fail to take any action, that is reasonably likely to jeopardize the treatment of the Merger as a pooling of interests for accounting purposes.
Pooling Accounting. 31 5.7 Consents..................................................... 31 5.8 Affiliate Agreements......................................... 31 5.9
Pooling Accounting. EVI and Company shall have received a letter from Arthxx Xxxexxxx XXX, in form and substance satisfactory to EVI and Company, to the effect that, in accordance with generally accepted accounting principles and the applicable rules and regulations of the SEC, EVI and the Company are each eligible to be a party to a merger accounted for as a "pooling of interests" and that Arthxx Xxxexxxx XXX is not aware of any matters or conditions that prohibit EVI's accounting for the Merger with the Company as a "pooling of interests".
Pooling Accounting. The Buyer and the Company shall each use reasonable commercial efforts to cause the business combination to be effected by the Merger to be accounted for as a pooling of interests. Each of the Company and the Buyer shall use its best efforts to cause its respective Affiliates not to take any action that would adversely affect the ability of the Buyer to account of the business combination to be effected by the Merger as a pooling of interests.
Pooling Accounting. Acquiror and Target shall each use its best efforts to cause the business combination to be effected by the Merger to be accounted for as a pooling of interests. Each of Acquiror and Target shall use its best efforts to cause its "Affiliates" (as defined in Section 5.8) not to take any action that would prevent Acquiror from accounting for the business combination to be effected by the merger as a pooling of interest. 5.8
Pooling Accounting. Parent and Company shall each use best efforts to cause the business combination to be effected by the Merger to be accounted for as a pooling of interests under Opinion 16 of the Accounting Principles Board and applicable SEC rules and regulations. Each of Parent and Company shall use its best efforts to cause its "Affiliates" (as defined in Section 5.7) not to take any action that would adversely affect the ability of Parent to account for the business combination to be effected by the merger as a pooling of interest.
Pooling Accounting. Excite shall use its best efforts to cause the business combination to be effected by the Merger to be accounted for as a pooling of interests. Excite shall use its best efforts to cause its affiliates not to take any action that would adversely affect the ability of Excite to account for the business combination to be effected by the Merger as a pooling of interests.
Pooling Accounting. The merger contemplated herein shall be treated as and qualify for accounting using the pooling of interests method provided that this condition shall be deemed waived if the disqualification is the result of an omission by F & M.
