Guest Guy Incognito Posted August 27, 2008 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.
XTitan Posted August 27, 2008 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...
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