Merger Date definition
Examples of Merger Date in a sentence
The Borrower (x) prior to the Merger Date, shall at all times, subject to applicable grace periods set forth in the Code, maintain its status as a RIC under the Code, and (y) after the Merger Date, shall elect RIC treatment for its taxable year that ends on December 31, 2026 and thereafter shall at all times, subject to applicable grace periods set forth in the Code, maintain its status as a RIC under the Code.
For the avoidance of doubt, any Person that is a Subsidiary of the Surviving Entity immediately prior to the consummation of the Merger shall be deemed to be a new Subsidiary of the Borrower as of the Merger Date and the Borrower and such Subsidiary will comply with the requirement of this Section 5.08(a) with respect to such Subsidiary within thirty (30) days of the Merger Date (or such longer period as shall be reasonably agreed by the Administrative Agent).
As of the Merger Date, the Borrower’s assets do not and will not constitute Plan Assets by reason of satisfying one or more exceptions under the Plan Asset Regulations.