Sale of Substantially All Assets. Seller agrees that the consummation of the transactions contemplated by this Agreement constitute, as provided in Code Section 401(k)(10)(A)(ii), a sale of substantially all the assets (within the meaning of Code Section 409(d)(2)) used by Seller in any trade or business.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Docucon Incorporated), Asset Purchase Agreement (Tab Products Co)
Sale of Substantially All Assets. Seller agrees Sellers agree that the consummation of the transactions contemplated by this Agreement constitute, as provided in Code Section 401(k)(10)(A)(ii), a sale of substantially all the assets (within the meaning of Code Section 409(d)(2)) used by Seller Sellers in any trade or business.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Ocz Technology Group Inc), Noncompetition and Nonsolicitation Agreement (Ocz Technology Group Inc)
