Common use of Section 355 Clause in Contracts

Section 355. The Company has not been a “distributing corporation” or a “controlled corporation” in connection with a distribution described in Section 355 of the Code.

Appears in 10 contracts

Sources: Agreement and Plan of Merger (INVO Bioscience, Inc.), Merger Agreement (Theralink Technologies, Inc.), Merger Agreement (IMAC Holdings, Inc.)

Section 355. The Company has not been a "distributing corporation" or a "controlled corporation" (as a “spin-off” or a “controlled corporation” otherwise) in connection with a distribution described in Section 355 of the Code.

Appears in 4 contracts

Sources: Merger Agreement (Nitro Petroleum Inc.), Merger Agreement (Core Resource Management, Inc.), Merger Agreement (Nitro Petroleum Inc.)

Section 355. The Company is not, nor has not been the Company ever been, either a “distributing corporation” or a “controlled corporation” in connection with a distribution described in which the parties to such distribution treated the distribution as one to which Section 355 of the CodeCode is applicable.

Appears in 2 contracts

Sources: Stock Exchange Agreement (Invitae Corp), Stock Purchase Agreement (Invitae Corp)

Section 355. The Company has not been a "distributing corporation" or a "controlled corporation" in connection with a distribution described in Section 355 of the Code.

Appears in 2 contracts

Sources: Merger Agreement (Nanosphere Inc), Merger Agreement (Nanosphere Inc)