Sales, Issuances and Redemptions of Equity Securities. Until the first day after the Restriction Period, none of SpinCo or any other member of the SpinCo Group shall, or shall agree to, sell or otherwise issue to any Person, or redeem or otherwise acquire from any Person, any Equity Securities of SpinCo or any other member of the SpinCo Group; provided, however, that SpinCo may issue such Equity Securities to the extent such issuances satisfy Safe Harbor VIII (relating to acquisitions in connection with a person’s performance of services) or Safe Harbor IX (relating to acquisitions by a retirement plan of an employer) of Treasury Regulation Section 1.355-7(d).
Appears in 3 contracts
Samples: Tax Sharing Agreement, Tax Sharing Agreement (Marathon Petroleum Corp), Tax Sharing Agreement (Marathon Petroleum Corp)
Sales, Issuances and Redemptions of Equity Securities. Until the first day after the Restriction Period, none of SpinCo Spinco or any other member of the SpinCo Spinco Group shall, or shall agree to, sell or otherwise issue to any Person, or redeem or otherwise acquire from any Person, any Equity Securities of SpinCo Spinco or any other member of the SpinCo Spinco Group; provided, however, that SpinCo Spinco may issue such Equity Securities to the extent such issuances satisfy Safe Harbor VIII (relating to acquisitions in connection with a person’s performance of services) or Safe Harbor IX (relating to acquisitions by a retirement plan of an employer) of Treasury Regulation Section 1.355-7(d).
Appears in 2 contracts
Samples: Tax Sharing Agreement (Babcock & Wilcox Enterprises, Inc.), Tax Sharing Agreement (Babcock & Wilcox Enterprises, Inc.)
