Common use of Section 355 Clause in Contracts

Section 355. Neither Total nor any Subsidiary has constituted either a "distributing corporation" or a "controlled corporation" (within the meaning of Section 355(a)(1)(A) of the Code) in a distribution of stock qualifying for Tax-free treatment under Section 355 of the Code since the effective date of Section 355(e) of the Code.

Appears in 2 contracts

Sources: Merger Agreement (Harris Interactive Inc), Merger Agreement (Total Research Corp)

Section 355. Neither Total the Company nor any Subsidiary has constituted either a "distributing corporation" or a "controlled corporation" (within the meaning of Section 355(a)(1)(A) of the Code) in a distribution of stock qualifying or intended to qualify for Taxtax-free treatment under Section 355 of the Code since (A) in the effective two years prior to the date of this Agreement or (B) in a distribution that could otherwise constitute part of a “plan” or “series of related transactions” (within the meaning of Section 355(e) of the Code) in conjunction with the Merger.

Appears in 1 contract

Sources: Merger Agreement (Morton Industrial Group Inc)

Section 355. Neither Total ▇▇▇▇▇▇ nor any Subsidiary has constituted either a "distributing corporation" or a "controlled corporation" (within the meaning of Section 355(a)(1)(A) of the Code) in a distribution of stock qualifying for Tax-free treatment under Section 355 of the Code since the effective date of Section 355(e) of the Code.

Appears in 1 contract

Sources: Merger Agreement (Harris Interactive Inc)