Common use of No Inconsistent Plan or Intent Clause in Contracts

No Inconsistent Plan or Intent. Each of A.T. ▇▇▇▇▇▇ and New Fluor hereby represents and warrants to the other that: (i) neither it nor any member of its Group (which, in the case of New Fluor, includes Parent through the Distribution Date) has taken, and as of the Distribution Date neither it nor any member of its Group (which, in the case of New Fluor, includes Parent through the Distribution Date) has a plan or intention to take, any action that would result in any Tax liability being imposed with respect to the Distribution pursuant to the application of the provisions of Code Section 355(e); and (ii) neither it nor any member of its Group (which, in the case of New Fluor, includes Parent through the Distribution Date) has taken, nor as of the Distribution Date has any plan or intention to take, any other action which is inconsistent with any material factual statements or representations in the Ruling Request.

Appears in 2 contracts

Sources: Tax Sharing Agreement (Fluor Corp), Tax Sharing Agreement (Massey Energy Co)

No Inconsistent Plan or Intent. Each of A.T. ▇▇▇▇▇▇ and New Fluor hereby represents and warrants to the other that: (i) neither it nor any member of its Group (which, in the case of New Fluor, includes Parent through the Distribution Date) has taken, and as of the Distribution Date neither it nor any member of its Group (which, in the case of New Fluor, includes Parent through the Distribution Date) has a plan or intention to take, any action that would result in any Tax liability being imposed with respect to the Distribution pursuant to the application of the provisions of Code Section 355(e); and (ii) neither it nor any member of its Group (which, which in the case of New Fluor, includes Parent through the Distribution Date) ), has taken, nor as of the Distribution Date has any plan or intention to take, any other action which is inconsistent with any material factual statements or representations in the Ruling Request.

Appears in 1 contract

Sources: Tax Sharing Agreement (Fluor Corp)