Guest Guy Incognito Posted August 27, 2008 Share Posted August 27, 2008 Company X and Company Y decide to combine under a new Holding Company. Holding Company acquires both Company X and Company Y via a share exchange. After the acquisition, Company X shareholders hold 70% of Holding Company and Company Y shareholders hold 30% of Holding Company. Company X executives vest in certain benefits upon a CIC as defined under 409A. Has Company X experienced a CIC under 409A? Given the stock attribution rules of 318(a), I am inclined to say no, but was looking for some feedback. Link to comment Share on other sites More sharing options...
XTitan Posted August 27, 2008 Share Posted August 27, 2008 That happened at my firm, and our counsel said it wasn't a CIC. - There are two types of people in the world: those who can extrapolate from incomplete data sets... Link to comment Share on other sites More sharing options...
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