Tax-Free Qualification. Valero shall use its reasonable best efforts not to, and shall use its reasonable best efforts not to permit any of its Subsidiaries to, take any action (including any action otherwise permitted by this Section 5.2) that would reasonably be expected to prevent the Merger from qualifying as a "reorganization" within the meaning of Section 368(a) of the Code.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ultramar Diamond Shamrock Corp), Agreement and Plan of Merger (Valero Energy Corp/Tx)
Tax-Free Qualification. Valero shall use its reasonable best efforts not to, and shall use its reasonable best efforts not to permit any of its Subsidiaries to, take any action (including any action otherwise permitted by this Section 5.2) ), or fail to take any action, in each case that would reasonably be expected to prevent the Merger from qualifying as a "βreorganization" β within the meaning of Section 368(a) of the Code.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Premcor Inc), Agreement and Plan of Merger (Valero Energy Corp/Tx)
