Section 351 Transaction. The parties hereto intend that the transactions contemplated by this Agreement regarding the transfer of securities or cash to RCGI in exchange for RCGI Shares shall be treated as transfers under Section 351 of the Code. None of the parties hereto will take a position on their respective tax returns that is inconsistent with such treatment.
Appears in 2 contracts
Sources: Exchange Agreement (Royster-Clark Nitrogen Realty LLC), Exchange Agreement (Royster-Clark Nitrogen Realty LLC)