Tax and Accounting Treatment. The parties hereto acknowledge and agree that the Merger contemplated hereby shall be treated for accounting purposes as a purchase transaction. For Federal income tax purposes, the Merger is intended to constitute a reorganization within the meaning of Section 368(a) of the Internal Revenue Code of 1986, as amended (the “Code”); and this Agreement shall constitute a “plan of reorganization” within the meaning of Section 368(a) of the Code.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Boston Therapeutics, Inc.), Agreement and Plan of Merger (AVANYX Therapeutics, Inc.), Agreement and Plan of Merger (Boston Therapeutics, Inc.)
Tax and Accounting Treatment. The parties hereto acknowledge and agree that the Merger contemplated hereby shall be treated for accounting purposes as a purchase transactionpurchase. For Federal income tax purposes, The parties also acknowledge and agree that the Merger is intended to constitute be a reorganization within the meaning of Section 368(a) of taxable transaction under the Internal Revenue Code of 1986, as amended (the “"Code”"); and this Agreement shall constitute a “plan of reorganization” within the meaning of Section 368(a) of the Code.
Appears in 1 contract
Samples: Merger Agreement (Micrel Inc)
