Common use of Tax and Accounting Treatment Clause in Contracts

Tax and Accounting Treatment. Each of Phone, Xxxxxxxx.xxx and their respective subsidiaries shall use all reasonable efforts to cause the Merger to qualify (i) for treatment as a pooling of interests for accounting purposes and (ii) as a reorganization within the meaning of section 368(a) of the Code, and to obtain the opinions of counsel referred to in sections 6.2 and 6.3. Neither Phone, nor Xxxxxxxx.xxx, nor their respective subsidiaries, shall take any action to cause the Merger to fail to qualify (i) for treatment as a pooling of interests for accounting purposes or (ii) as a reorganization within the meaning of section 368(a) of the Code.