Common use of Section 355 Clause in Contracts

Section 355. Neither the Company nor any of its Subsidiaries has been a “distributing corporation” or a “controlled corporation” (in each case within the meaning of Section 355(a)(1) of the Code) (1) within the two-year period ending as of the date of this Agreement or (2) 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) that includes the Transactions.

Section 355. Neither the Company nor any of its Subsidiaries has been a “distributing corporation” or a “controlled corporation” (in each case within the meaning of connection with a distribution described in Section 355(a)(1) 355 of the Code) (1) within Code during the two-year period ending as of on the date of this Agreement or (2) 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) that includes the TransactionsAgreement.

Section 355. Neither the Company nor any of its Subsidiaries has been a “distributing corporation” or a “controlled corporation” (in each case within the meaning of connection with a distribution that was purported to or intended to qualify for tax-free treatment under Section 355(a)(1) 355 of the CodeCode (or any corresponding or similar provision of local, state or foreign Law) (1) within occurring during the twothree-year period ending as of on the date of this Agreement or (2) 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) that includes the TransactionsAgreement.

Section 355. Neither the Company nor any of its Subsidiaries has been a “distributing corporation” or a “controlled corporation” (in each case within the meaning of connection with a distribution described in Section 355(a)(1) 355 of the Code) (1) within Code in the two-year period ending as of two years prior to the date of this Agreement or (2) 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) that includes the TransactionsAgreement.

Section 355. Neither During the three-year period ending on the date of this Agreement, neither the Company nor any of its Subsidiaries (or any of their predecessors) has been a “distributing corporation” or a “controlled corporation” (in each case within the meaning of Section 355(a)(1355(a)(1)(A) of the Code) (1) within the two-year period ending as of the date of this Agreement or (2) Code in connection with a distribution that could otherwise constitute part of a “plan” or “series of related transactions” (within the meaning of described in Section 355(e) 355 of the Code) that includes the Transactions.

Section 355. Neither the Company nor any of its Subsidiaries has been a “distributing corporation” or a “controlled corporation” (in each case within the meaning of Section 355(a)(1) 355 of the CodeCode during the three (3) (1) within the two-year period years ending as of on the date of this Agreement or (2) 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) that includes the TransactionsAgreement.

Section 355. Neither During the three-year period ending on the date of the Original Agreement, neither the Company nor any of its Subsidiaries (or any of their predecessors) has been a “distributing corporation” or a “controlled corporation” (in each case within the meaning of Section 355(a)(1355(a)(1)(A) of the Code) (1) within the two-year period ending as of the date of this Agreement or (2) Code in connection with a distribution that could otherwise constitute part of a “plan” or “series of related transactions” (within the meaning of described in Section 355(e) 355 of the Code) that includes the Transactions.