Section 338 Election. Neither Buyer nor any Affiliate of Buyer will make an election under Section 338 of the Code (or any similar election for state or local Tax purposes) with respect to the Company or its Subsidiaries with respect to any transactions contemplated by this Agreement.
Appears in 2 contracts
Sources: Stock Purchase Agreement, Stock Purchase Agreement (Kingsway Financial Services Inc)
Section 338 Election. Neither the Buyer nor any Affiliate of Buyer will its Affiliates shall make or cause to be made an election under pursuant to Section 338 338(g) of the Code (or any similar corresponding election for state or local under any other Tax purposes) law with respect to the Company or its Subsidiaries with respect acquisition of the Shares pursuant to any transactions contemplated by this Agreement.
Appears in 2 contracts
Sources: Share Purchase Agreement, Share Purchase Agreement (National Vision Inc)
Section 338 Election. Neither Buyer nor Seller Parent or any Affiliate of Buyer will their respective Affiliates shall make an or cause or permit to be made any election under Section 338 of the Code (or any similar election for state or local Tax purposes) in connection with respect to the Company or its Subsidiaries with respect to any transactions contemplated by this Agreement.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Lincoln National Corp)
Section 338 Election. Neither Buyer nor any Affiliate of Buyer will its Affiliates (including the Transferred Companies) shall make an or cause to be made any election under Section 338 of the Code (or any similar election for state or local Tax purposes) in connection with respect to the Company or its Subsidiaries with respect to any transactions contemplated by this AgreementAgreement without the express written consent of Seller (which consent shall not be unreasonably withheld if such election would not increase a Tax liability of Seller or an Affiliate of Seller).
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Section 338 Election. Neither Buyer nor any Affiliate or subsidiary of Buyer will shall make or file an election under Section 338 of the Code (or any similar election for state provision of state, local or local Tax purposesforeign Law) with respect to the any Purchased Company or any of its Subsidiaries subsidiaries in connection with respect the sale and purchase of the Purchased Equity Interests pursuant to any transactions contemplated by this Agreement.
Appears in 1 contract
Section 338 Election. Neither Buyer nor any Affiliate of Buyer will its Affiliates shall make an any election under Section 338 of the Code (or any similar election for state or local Tax purposes) with respect to the Company acquisition of the Shares or its Subsidiaries with respect any other transactions occurring pursuant to any transactions contemplated by this Agreement.
Appears in 1 contract