Reorganization Classification. The Company has not taken any action that causes the Merger and the LLC Sub Merger not to qualify as a reorganization, within the meaning of section 368(a)(1) of the Code, and has not failed to take any action which if taken would have prevented the Merger and the LLC Sub Merger from not qualifying as such a reorganization.
Appears in 2 contracts
Sources: Merger Agreement (Evergreen Resources Inc), Merger Agreement (Pioneer Natural Resources Co)