Related Employers. The Company is not, and has never been, a member of (a) a controlled group of corporations, within the meaning of Section 414(b) of the Code, (b) a group of trades or businesses under common control, within the meaning of Section 414(c) of the Code, (c) an affiliated service group, within the meaning of Section 414(m) of the Code, or (d) any other group of Persons treated as a single employer under Section 414(o) of the Code.
Appears in 14 contracts
Samples: Agreement and Plan of Merger (Amazon Com Inc), Agreement and Plan of Merger (Primus Knowledge Solutions Inc), Voting Agreement (Ubarter Com Inc)
Related Employers. The Company is not, and has never been, a member of (ai) a controlled group of corporations, within the meaning of Section 414(b) of the Code, (bii) a group of trades or businesses under common control, within the meaning of Section 414(c) of the Code, (ciii) an affiliated service group, within the meaning of Section 414(m) of the Code, or (div) any other group of Persons treated as a single employer under Section 414(o) of the Code.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Advanced Digital Information Corp), Agreement and Plan of Merger (Shopnow Com Inc), Agreement and Plan of Merger (Bsquare Corp /Wa)
Related Employers. The Company is not, and nor has never it ever been, a member of (a) a controlled group of corporations, within the meaning of Section 414(b) of the Code, (b) a group of trades or businesses under common control, within the meaning of Section 414(c) of the Code, (c) an affiliated service group, within the meaning of Section 414(m) of the Code, or (d) any other group of Persons treated as a single employer under Section 414(o) of the Code.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Captaris Inc), Agreement and Plan of Merger (F5 Networks Inc)
Related Employers. The Company is not, and has never been, a member of (aA) a controlled group of corporations, within the meaning of Section 414(b) of the Code, (bB) a group of trades or businesses under common control, within the meaning of Section 414(c) of the Code, (cC) an affiliated service group, within the meaning of Section 414(m) of the Code, or (dD) any other group of Persons treated as a single employer under Section 414(o) of the Code.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Itron Inc /Wa/), Agreement and Plan of Merger (Itron Inc /Wa/)
Related Employers. The Except with respect to one another, neither the Company is notnor any of its Subsidiaries is, and or has never ever been, a member of (ai) a controlled group of corporations, within the meaning of Section 414(b) of the Code, (bii) a group of trades or businesses under common control, within the meaning of Section 414(c) of the Code, (ciii) an affiliated service group, within the meaning of Section 414(m) of the Code, or (div) any other group of Persons treated as a single employer under Section 414(o) of the Code.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Captaris Inc), Agreement and Plan of Merger (Castelle \Ca\)
Related Employers. The Company is not, and has never ----------------- been, a member of (aA) a controlled group of corporations, within the meaning of Section 414(b) of the Code, (bB) a group of trades or businesses under common control, within the meaning of Section 414(c) of the Code, (cC) an affiliated service group, within the meaning of Section 414(m) of the Code, or (dD) any other group of Persons treated as a single employer under Section 414(o) of the Code.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Itron Inc /Wa/)