Section 355. Parent has not constituted either a “distributing corporation” or a “controlled corporation” in a distribution of stock qualifying for tax-free treatment under IRC § 355 (i) in the two years prior to the date of this Agreement or (ii) in a distribution which could otherwise constitute part of a “plan” or “series of related transactions” (within the meaning of Section 355(e) of the Code in connection with the Merger.
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Samples: Agreement and Plan of Merger (Remark Media, Inc.), Agreement and Plan of Merger (Banks.com, Inc.), Agreement and Plan of Merger (Remark Media, Inc.)
Section 355. The Parent has not 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 shares qualifying for tax-free treatment under IRC § Section 355 of the Code (i) in the two years prior to the date of this Agreement or (ii) in a distribution which that could otherwise constitute part of a “plan” or “series of related transactions” (within the meaning of Section 355(e) of the Code Code) in connection conjunction with the Mergertransactions contemplated by this Agreement.
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