Reorganization Treatment. Neither Parent, Merger Sub nor any other Affiliate of Parent has taken or agreed to take (or failed to take or agree to take) any action or knows of any facts or circumstances that would reasonably be expected to prevent the Merger from qualifying as a reorganization within the meaning of Section 368(a) of the Code.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Hypercom Corp), Agreement and Plan of Merger (Verifone Systems, Inc.)
Reorganization Treatment. Neither Parent, Merger Sub Sub, LLC nor any other Affiliate of Parent has taken or agreed to take (or failed to take or agree to take) any action or knows of any facts or circumstances that would could reasonably be expected to prevent the Merger Mergers from qualifying as a reorganization within the meaning of Section 368(a) of the Code.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Seabulk International Inc), Agreement and Plan of Merger (Seacor Holdings Inc /New/)
Reorganization Treatment. Neither Parent, Merger Sub Parent nor any other Affiliate of Parent its Subsidiaries, including Sub, has taken any action or agreed to take (or failed to take or agree to take) any action or knows of any facts or circumstances fact that would could be reasonably be expected to prevent the Merger Offer and the Merger, taken together, from qualifying as a reorganization “reorganization” within the meaning of Section 368(a) of the Code.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ipass Inc), Agreement and Plan of Merger (PARETEUM Corp)
Reorganization Treatment. Neither Parent, Merger Sub Parent nor any other Affiliate of Parent its Affiliates has taken or agreed to take (or failed to take or agree to take) any action or knows of any facts or circumstances that would could reasonably be expected to prevent the Merger from qualifying as a reorganization within the meaning of Section 368(a) of the Code.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Straight Path Communications Inc.)
Reorganization Treatment. Neither Parent, Merger Sub Subsidiary nor any other Affiliate Subsidiary of Parent has taken or agreed to take (or failed to take or agree to take) any action or knows of any facts or circumstances that would could reasonably be expected to prevent the Merger and the LLC Sub Merger from qualifying as a reorganization within the meaning of Section 368(a) of the Code.”
Appears in 1 contract
Reorganization Treatment. Neither Parent, Merger Sub Parent nor any other Affiliate of Parent its Subsidiaries, including Acquisition Sub, has taken or has agreed to take (or failed to take or agree to take) any action or knows of any facts or circumstances that would could be reasonably be expected to prevent the Merger Merger, taken together with the Offer and the Second Merger, from qualifying as a reorganization “reorganization” within the meaning of Section 368(a) of the Code.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Rovi Corp)
Reorganization Treatment. Neither Parent, Merger Sub Parent nor any other Affiliate of Parent its Affiliates has taken or agreed to take (or failed to take or agree to take) any action or knows of any facts or circumstances that would reasonably be expected to prevent the Merger from qualifying as a reorganization within the meaning of Section 368(a) of the Code.
Appears in 1 contract
Samples: Voting Agreement (Straight Path Communications Inc.)
