Additional Conditions to Obligations of Company. The obligation of Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 69 contracts
Samples: Merger Agreement (Vitalstream Holdings Inc), Merger Agreement (Insightful Corp), Merger Agreement (Tangram Enterprise Solutions Inc)
Additional Conditions to Obligations of Company. The obligation of the Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 11 contracts
Samples: Merger Agreement (Extended Systems Inc), Merger Agreement (Sybase Inc), Merger Agreement (Sybase Inc)
Additional Conditions to Obligations of Company. The obligation of ----------------------------------------------- Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 11 contracts
Samples: Merger Agreement (Genesis Microchip Inc), Merger Agreement (Onsale Inc), Merger Agreement (Verisign Inc/Ca)
Additional Conditions to Obligations of Company. The obligation obligations of the Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 10 contracts
Samples: Merger Agreement (Mandalay Media, Inc.), Merger Agreement (Israel Technology Acquisition Corp.), Merger Agreement (Israel Technology Acquisition Corp.)
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date Effective Time of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 6 contracts
Samples: Merger Agreement (Saba Software Inc), Merger Agreement (Nptest Holding Corp), Merger Agreement (Centra Software Inc)
Additional Conditions to Obligations of Company. The obligation of Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:: (a)
Appears in 5 contracts
Samples: Agreement and Plan of Reorganization (Red Brick Systems Inc), Agreement and Plan of Reorganization (Transcend Therapeutics Inc), Agreement and Plan of Reorganization (Informix Corp)
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger shall be and the other transactions contemplated by this Merger Agreement are also subject to the satisfaction at or prior to the Closing Date of each Effective Time of the following conditions, any or all of which may be waivedwaived by Company, in writingwhole or in part, exclusively to the extent permitted by Companyapplicable Law:
Appears in 4 contracts
Samples: Merger Agreement (Sra International Inc), Merger Agreement (Titan Corp), Merger Agreement (Titan Corp)
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger shall be are subject to the satisfaction at or waiver by Company, on or prior to the Closing Date of each Date, of the following additional conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 4 contracts
Samples: Merger Agreement (Anthem Inc), Merger Agreement (Wellpoint Inc), Merger Agreement (Wellpoint Health Networks Inc /De/)
Additional Conditions to Obligations of Company. The obligation obligations of the Company to consummate and effect the Merger shall be are subject to the satisfaction of, or waiver by the Company, at or prior to the Closing Date of each of the following additional conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 3 contracts
Samples: Merger Agreement (Massachusetts Mutual Life Insurance Co), Merger Agreement (Schulman Robert I), Merger Agreement (Tremont Advisers Inc)
Additional Conditions to Obligations of Company. The obligation of Company to consummate and effect the Merger Arrangement shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 3 contracts
Samples: Acquisition Agreement (Photon Dynamics Inc), Acquisition Agreement (Peregrine Systems Inc), Acquisition Agreement (Peregrine Systems Inc)
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger shall be are subject to the satisfaction at of, or waiver by Company, on or prior to the Closing Date of each of the following additional conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 3 contracts
Samples: Merger Agreement (Trigon Healthcare Inc), Merger Agreement (Anthem Inc), Merger Agreement (Rightchoice Managed Care Inc /De)
Additional Conditions to Obligations of Company. The obligation obligations of the Company to consummate and effect the Merger Transaction shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Cyber Merchants Exchange Inc), Securities Purchase Agreement (Cyber Merchants Exchange Inc), Securities Purchase Agreement (Asap Show, Inc.)
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger and the transactions contemplated hereby in connection with the Merger shall be subject to the satisfaction at or prior to the Closing Date earlier of the date specified in this Agreement for fulfillment of such condition or the Effective Time of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (E-Medsoft Com), Agreement and Plan of Merger and Reorganization (E-Medsoft Com)
Additional Conditions to Obligations of Company. The obligation of Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date Effective Time of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 2 contracts
Samples: Merger Agreement (McData Corp), Merger Agreement (Endorex Corp)
Additional Conditions to Obligations of Company. The obligation of ----------------------------------------------- Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 2 contracts
Samples: Merger Agreement (Novell Inc), Agreement and Plan of Reorganization (Infospace Inc)
Additional Conditions to Obligations of Company. The obligation ----------------------------------------------- of Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 2 contracts
Samples: Merger Agreement (Kana Communications Inc), Agreement and Plan of Merger (Broadbase Software Inc)
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger shall be are subject to the satisfaction at satisfaction, or waiver by Company, on or prior to the Closing Date of each Date, of the following additional conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 2 contracts
Samples: Merger Agreement (Bruker Axs Inc), Merger Agreement (Bruker Daltonics Inc)
Additional Conditions to Obligations of Company. The obligation of Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waivedwaived in whole or in part, in writing, exclusively by Company:
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Netscreen Technologies Inc), Agreement and Plan of Reorganization (Juniper Networks Inc)
Additional Conditions to Obligations of Company. The obligation of Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Go2net Inc), Agreement and Plan of Reorganization (Telcom Semiconductor Inc)
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger shall be are subject to the satisfaction at or, to the extent permitted by applicable Law, waiver by Company, on or prior to the Closing Date of each Date, of the following additional conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 2 contracts
Samples: Merger Agreement (Wellpoint, Inc), Merger Agreement (Amerigroup Corp)
Additional Conditions to Obligations of Company. The obligation of the Company to consummate and effect the Merger I shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 2 contracts
Samples: Merger Agreement (Aclara Biosciences Inc), Agreement and Plan of Merger and Reorganization (Virologic Inc)
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger Mergers shall be subject to the satisfaction at or prior to the Closing Date Effective Time of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Cybersource Corp), Merger Agreement (Authorize.Net Holdings, Inc.)
Additional Conditions to Obligations of Company. The obligation of Company and the Stockholders to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 2 contracts
Samples: Merger Agreement (Sun Healthcare Group Inc), Merger Agreement (MCK Communications Inc)
Additional Conditions to Obligations of Company. The obligation ----------------------------------------------- obligations of Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date Effective Time of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Digital Island Inc)
Additional Conditions to Obligations of Company. The obligation of ----------------------------------------------- Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:: -41-
Appears in 1 contract
Samples: Merger Agreement (Opentv Corp)
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate the Merger and effect the Merger other transactions contemplated hereby shall be subject to the satisfaction or waiver by Company at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 1 contract
Samples: Merger Agreement (TigerLogic CORP)
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger and the Contribution shall be subject to the satisfaction or waiver by Company at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 1 contract
Samples: Merger Agreement (Planetout Inc)
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 1 contract
Samples: Merger Agreement (Intersections Inc)
Additional Conditions to Obligations of Company. The obligation of the Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 1 contract
Additional Conditions to Obligations of Company. The obligation of Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date Effective Time of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Pharmafrontiers Corp)
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Effective Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Fast Eddie Racing Stables Inc)
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger and the transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Citadel Technology Inc)
Additional Conditions to Obligations of Company. The obligation of ----------------------------------------------- Company to consummate and effect the Merger shall be subject to the satisfaction or fulfillment, at or prior to the Closing Date Effective Time, of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Quantum Corp /De/)
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger shall be are subject to the satisfaction at or, to the extent permitted by applicable Law, waiver by Company, on or prior to the Closing Date of each Date, of the following conditions, any of which may be waived, in writing, exclusively by Company:additional conditions:β
Appears in 1 contract
Samples: Merger Agreement
Additional Conditions to Obligations of Company. The ----------------------------------------------- obligation of Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Microchip Technology Inc)
Additional Conditions to Obligations of Company. The obligation obligations of the Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 1 contract
Samples: Merger Agreement (Perma Fix Environmental Services Inc)
Additional Conditions to Obligations of Company. The obligation of Company to consummate and effect the Merger shall be subject to the satisfaction or fulfillment, at or prior to the Closing Date Effective Time, of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Maxtor Corp)
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to fulfillment on the Closing Date and as of the Effective Time of each of the following conditions, conditions (any one or more of which may be waivedwaived by Company, but only in writing, exclusively by Company:):
Appears in 1 contract
Samples: Merger Agreement (Maf Bancorp Inc)
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger shall be subject to the satisfaction or waiver by Company at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 1 contract
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger shall be are subject to the satisfaction at or prior to the Closing Date of each of the following conditionsconditions prior to the Effective Time, any of which may be waived, waived in writing, writing exclusively by Company:: (a)
Appears in 1 contract
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger shall be are subject to the satisfaction at or prior to the Closing Date of each of the following conditionsconditions prior to the Effective Time, any of which may be waived, waived in writing, writing exclusively by Company:
Appears in 1 contract
Samples: Merger Agreement (Grand Casinos Inc)
Additional Conditions to Obligations of Company. The obligation of Company to consummate and effect the Merger shall will be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 1 contract
Samples: Merger Agreement (Avi Biopharma Inc)
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger and the transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Argonaut Technologies Inc)
Additional Conditions to Obligations of Company. The obligation obligations of the Company to consummate and effect the Merger Mergers shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Key Hospitality Acquisition CORP)