Reorganization Treatment. Neither the Company nor any Company Subsidiary has taken or agreed to take any action that would prevent the Merger from constituting a reorganization qualifying under the provisions of Section 368(a) of the Code.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (CFM Technologies Inc), Agreement and Plan of Merger (Mattson Technology Inc), Agreement and Plan of Merger (CFM Technologies Inc)
Reorganization Treatment. Neither the Company nor any Company Subsidiary of its Affiliates has taken or agreed to take (or failed to so 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 constituting qualifying as a reorganization qualifying under within the provisions 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 the Company nor any Company Subsidiary of 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 constituting qualifying as a reorganization qualifying under within the provisions 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 the Company nor any Company Subsidiary of its Subsidiaries has taken or agreed to take (or failed to so take or agree to take) any action that would could reasonably be expected to prevent the Merger and the LLC Sub Merger from constituting qualifying as a reorganization qualifying under within the provisions meaning of Section 368(a) of the Code.β
Appears in 1 contract
Reorganization Treatment. (a) Neither the Company nor any Company Subsidiary has taken or agreed failed to take any action action, or has any knowledge of any fact or circumstance, that would reasonably be expected to prevent the Merger from constituting qualifying as a reorganization qualifying under "reorganization" within the provisions meaning of Section 368(a) of the Code.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Akamai Technologies Inc)
