Pooling. No party shall, nor shall any party permit any of its Subsidiaries or, within the exercise of its best efforts, its Joint Ventures to, take any action which would, or would be reasonably likely to, prevent the Company from accounting for the transactions to be effected pursuant to this Agreement as a pooling of interests in accordance with GAAP and applicable SEC regulations, and each party hereto shall use all reasonable efforts to achieve such result (including taking such actions as may be necessary to cure any facts or circumstances that could prevent such transactions from qualifying for pooling-of-interests accounting treatment).
Appears in 4 contracts
Sources: Merger Agreement (Interstate Power Co), Merger Agreement (WPL Holdings Inc), Merger Agreement (Wisconsin Power & Light Co)
Pooling. No party shall, nor shall any party permit any of its Subsidiaries or, within the exercise of its best efforts, its Joint Ventures to, take any action which would, or would be reasonably likely to, prevent the Company from accounting for the transactions to be effected pursuant to this Agreement as a pooling of interests in accordance with GAAP and applicable SEC regulations, and each party hereto shall use all reasonable efforts to achieve such result (including taking such actions as may be necessary to cure any facts or circumstances that could prevent such transactions from qualifying for pooling-of-interests accounting treatment).
Appears in 2 contracts
Sources: Agreement and Plan of Exchange (Brooklyn Union Gas Co), Agreement and Plan of Exchange (Long Island Lighting Co)
Pooling. No party shall, nor shall any party permit any of its Subsidiaries or, within the exercise of its best efforts, its Joint Ventures to, take any action which would, or would be reasonably likely to, prevent the Company from accounting for the transactions to be effected pursuant to this Agreement as a pooling of pooling-of-interests in accordance with GAAP and applicable SEC regulations, and each party hereto shall use all reasonable efforts to achieve such result (including taking such commercially reasonable actions as may be necessary to cure any facts or circumstances that could prevent such transactions from qualifying for pooling-of-interests accounting treatment).
Appears in 1 contract
Sources: Agreement and Plan of Merger (Kansas City Power & Light Co)
Pooling. No party shall, nor shall any party permit party.permit any of its Subsidiaries or, within the exercise of its best efforts, its Joint Ventures to, take any action which would, or would be reasonably likely to, prevent the Company from accounting for the transactions to be effected pursuant pursu ant to this Agreement as a pooling of interests in accordance with GAAP and applicable SEC regulationsregula tions, and each party hereto shall use all reasonable efforts to achieve such result (including taking such actions as may be necessary to cure any facts or circumstances that could prevent such transactions transac tions from qualifying for pooling-of-interests accounting treatment).
Appears in 1 contract
Sources: Agreement and Plan of Merger
Pooling. No party shall, nor shall any party permit any of its Subsidiaries or, within the exercise of its best efforts, its Joint Ventures subsidiaries to, take any action which would, or would be reasonably likely to, prevent the Company from accounting for the transactions to be effected pursuant to this Agreement Agreement, to be accounted for as a pooling of interests in accordance with GAAP and applicable SEC regulations, and each party hereto shall use all reasonable efforts to achieve such result (including taking such actions as may be necessary to cure any facts or circumstances that could prevent such transactions from qualifying for pooling-of-interests accounting treatment).
Appears in 1 contract