Section 338 Election. Neither the Buyer nor any of its Affiliates shall make or cause to be made an election pursuant to Section 338(g) of the Code or any corresponding election under any other Tax law with respect to the acquisition of the Shares pursuant to this Agreement.
Appears in 2 contracts
Sources: Share Purchase Agreement, Share Purchase Agreement (National Vision Inc)
Section 338 Election. Neither the Buyer nor any Affiliate of its Affiliates shall Buyer will make or cause to be made an election pursuant to under Section 338(g) 338 of the Code (or any corresponding similar election under any other for state or local Tax law purposes) with respect to the acquisition of the Shares pursuant Company or its Subsidiaries with respect to any transactions contemplated by this Agreement.
Appears in 2 contracts
Sources: Stock Purchase Agreement, Stock Purchase Agreement (Kingsway Financial Services Inc)
Section 338 Election. Neither the Buyer nor any of its Affiliates shall make or cause to be made an any election pursuant to under Section 338(g) 338 of the Code or any corresponding election under any other Tax law with respect to the acquisition of the Shares or any other transactions occurring pursuant to this Agreement.
Appears in 1 contract
Section 338 Election. Neither the Buyer nor any Affiliate or subsidiary of its Affiliates Buyer shall make or cause to be made file an election pursuant to under Section 338(g) 338 of the Code (or any corresponding election under any other Tax law similar provision of state, local or foreign Law) with respect to any Purchased Company or any of its subsidiaries in connection with the acquisition sale and purchase of the Shares Purchased Equity Interests pursuant to this Agreement.
Appears in 1 contract
Section 338 Election. Neither Buyer, Operator and their Affiliates, as applicable, shall not make any election under section 338 of the Buyer nor Code, or under any analogous state, local, or non-U.S. Tax law equivalent in respect of the transaction that is the subject of this Agreement or any of its Affiliates shall make or cause to be made an election pursuant to Section 338(g) of the Code or any corresponding election under any other Tax law with respect to the acquisition of the Shares pursuant to this AgreementPurchased Entities.
Appears in 1 contract
Sources: Equity Purchase Agreement (Six Flags Entertainment Corporation/New)
Section 338 Election. Neither the Buyer nor Seller Parent or any of its their respective Affiliates shall make or cause or permit to be made an any election pursuant to under Section 338(g) 338 of the Code or any corresponding election under any other Tax law in connection with respect to the acquisition of the Shares pursuant to transactions contemplated by this Agreement.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Lincoln National Corp)