Common use of Section 338 Election Clause in Contracts

Section 338 Election. No election under Section 338 has been made by or with respect to any of the Acquired Corporations or any of their respective assets or properties within the last three taxable years.

Appears in 4 contracts

Sources: Merger Agreement (Manufacturers Services LTD), Merger Agreement (Manufacturers Services LTD), Merger Agreement (Manufacturers Services LTD)

Section 338 Election. No election under Section 338 has been made by or with respect to any of the Acquired Corporations or any of their respective assets or properties within the last three taxable yearsproperties.

Appears in 3 contracts

Sources: Merger Agreement (Henry Bros. Electronics, Inc.), Merger Agreement (On Semiconductor Corp), Merger Agreement (California Micro Devices Corp)

Section 338 Election. No election under Section 338 of the Code has been made by or with respect to any of the Acquired Corporations or any of their respective assets or properties within the last three taxable yearsproperties.

Appears in 3 contracts

Sources: Merger Agreement (Kratos Defense & Security Solutions, Inc.), Merger Agreement (Sys), Agreement and Plan of Merger and Reorganization (Sys)

Section 338 Election. No election under Section 338 has been made by or with respect to any of the Acquired Corporations Target Entities or any of their respective assets or properties within the last three taxable yearsproperties.

Appears in 2 contracts

Sources: Agreement and Plan of Merger, Agreement and Plan of Merger (Kindred Healthcare, Inc)

Section 338 Election. No election under Section 338 has been made by or with respect to any of the Acquired Corporations or any of their respective assets or properties within properties. No similar election has been made under Code Section 336(e) and the last three taxable yearsregulations thereunder.

Appears in 1 contract

Sources: Merger Agreement ('Mktg, Inc.')

Section 338 Election. No election under Section 338 has been made by or with respect to the Company or any of the Acquired Corporations Subsidiary or any of their respective assets or properties within the last three taxable years.

Appears in 1 contract

Sources: Merger Agreement (Morton Industrial Group Inc)

Section 338 Election. No election under Section 338 has been made by or with respect to any of the Acquired Corporations Company or any of their respective its assets or properties within the last three taxable yearsproperties.

Appears in 1 contract

Sources: Merger Agreement (Lion Capital Holdings Inc)