Common use of Pooling Letters Clause in Contracts

Pooling Letters. Parent and the Company shall have received the letters described in the third Recital to this Agreement from Deloitte & Touche LLP and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ LLP and such letters shall not have been withdrawn, modified or qualified in any material respect as of the Effective Time, as certified by Deloitte & Touche LLP and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ LLP, respectively, in a writing addressed to their respective addresses and dated as of the Effective Date, and Parent shall have received the letter of ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ LLP, addressed to Parent and dated as of the Effective Date, stating that, in reliance on the letter and the certificate of Deloitte & Touche LLP described in this paragraph (h) and based on its familiarity with Parent, the Merger will qualify as a pooling-of-interests transaction under Opinion 16.

Appears in 2 contracts

Sources: Merger Agreement (Adc Telecommunications Inc), Merger Agreement (Adc Telecommunications Inc)

Pooling Letters. Parent and the Company shall have received the letters described in the third Recital to this Agreement from Deloitte & Touche LLP and Arth▇▇ ▇▇▇e▇▇▇▇ ▇▇▇▇▇▇▇LLP and such letters shall not have been withdrawn, modified or qualified in any material respect as of the Effective Time, as certified by Deloitte & Touche LLP and Arth▇▇ ▇▇▇e▇▇▇▇ ▇▇▇▇▇▇▇▇ LLP, respectively, in a writing addressed to their respective addresses and dated as of the Effective Date, and Parent shall have received the letter of Arth▇▇ ▇▇▇e▇▇▇▇ ▇▇▇▇▇▇▇▇ LLP, addressed to Parent and dated as of the Effective Date, stating that, in reliance on the letter and the certificate of Deloitte & Touche LLP described in this paragraph (h) and based on its familiarity with Parent, the Merger will qualify as a pooling-of-interests transaction under Opinion 16.

Appears in 1 contract

Sources: Merger Agreement (Pairgain Technologies Inc /Ca/)