```markdown There was, however, another possibility that might have led to the same result if the parties had entered into a merger of equals and the acquiring company, wishing to maintain the acquired company’s business intact, had taken steps to make it clear that it had no intention of doing so. The acquiring company did not dissolve the acquired company. Instead, the acquired company continued to exist as a separate legal entity, its business was kept intact, its employees were retained, and its products continued to be marketed under its own name. It was evident that the acquiring company’s intention was to merge its business with the acquired company’s business in such a way that the acquired company’s business would continue to exist as a separate entity. In other words, the acquiring company had adopted a policy of retaining the acquired company’s business as a separate entity, and the acquired company’s business was permitted to continue to exist as a separate legal entity and to be operated by its own management. ```