Additional Conditions to Obligations of the 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 44 contracts
Samples: Agreement and Plan of Merger (3com Corp), Agreement and Plan of Merger (Tippingpoint Technologies Inc), Agreement and Plan of Merger (Inverness Medical Innovations Inc)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be are subject to the satisfaction at of, or waiver by the 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 the Company:
Appears in 44 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger, Agreement and Plan of Merger (Healthequity, Inc.)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be is subject to the satisfaction at on or prior to the Closing Date of each of the following additional conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 43 contracts
Samples: Agreement and Plan of Merger (U S Restaurant Properties Inc), Agreement and Plan of Merger (U S Restaurant Properties Inc), Agreement and Plan of Merger (CNL Income Fund Iv LTD)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be subject to the satisfaction at on or prior to the Closing Date of each of the following additional conditions, any either of which may be waived, in writing, exclusively by the Company:
Appears in 21 contracts
Samples: Agreement and Plan of Merger (Centessa Pharmaceuticals LTD), Agreement and Plan of Merger (Crane Co /De/), Agreement and Plan of Merger (American Science & Engineering, Inc.)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be are also subject to the satisfaction or waiver by the Company at or prior to the Closing Date Effective Time of each of the following additional conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 15 contracts
Samples: Agreement and Plan of Merger (Avid Technology, Inc.), Agreement and Plan of Merger, Agreement and Plan of Merger (Navigant Consulting Inc)
Additional Conditions to Obligations of the 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 11 contracts
Samples: Agreement and Plan of Reorganization (Bowen Acquisition Corp), Agreement and Plan of Reorganization (Andina Acquisition Corp), Agreement and Plan of Merger (Wave Wireless Corp)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be and the other transactions contemplated herein are also subject to the satisfaction satisfaction, at or prior to the Closing Date of each Effective Time, of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Dragon Pharmaceutical Inc), Agreement and Plan of Merger (Dragon Pharmaceutical Inc), Agreement and Plan of Merger (Dragon Pharmaceutical Inc)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger Mergers and the other Transactions 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 8 contracts
Samples: Agreement and Plan of Merger (InterPrivate III Financial Partners Inc.), Agreement and Plan of Merger (InterPrivate III Financial Partners Inc.), Agreement and Plan of Reorganization (FTAC Olympus Acquisition Corp.)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to as of the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 7 contracts
Samples: Agreement and Plan of Merger (BRAC Lending Group LLC), Agreement and Plan of Merger (Big Rock Partners Sponsor, LLC), Agreement and Plan of Reorganization (Newtown Lane Marketing Inc)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be is subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any or all of which may be waived, in writing, waived exclusively by the CompanyCompany in whole or in part to the extent permitted by applicable law:
Appears in 6 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Lyondell Chemical Co), Agreement and Plan of Merger (Huntsman CORP)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be are subject to the satisfaction at of, or waiver by the 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 the Company:
Appears in 6 contracts
Samples: Agreement and Plan of Merger (At&t Corp), Amended and Restated Agreement and Plan of Merger (Vanguard Cellular Systems Inc), Amended and Restated Agreement and Plan of Merger (At&t Corp)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be are subject to the satisfaction at of, or waiver by the Company, on 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 6 contracts
Samples: Agreement and Plan of Merger (Medytox Solutions, Inc.), Agreement and Plan of Merger (CollabRx, Inc.), Agreement and Plan of Merger (Amtech Systems Inc)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be is also 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 the Company:
Appears in 6 contracts
Samples: Agreement and Plan of Merger (State Financial Services Corp), Agreement and Plan of Merger (State Financial Services Corp), Agreement and Plan of Merger (Associated Banc-Corp)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be and the other transactions contemplated herein are also subject to the satisfaction at or prior to as of the Closing Date of each of the following conditions, any one of which may be waived, waived in writing, exclusively writing by the Company:
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Hailiang Education Group Inc.), Agreement and Plan of Merger (Gridsum Holding Inc.), Agreement and Plan of Merger (Qihoo 360 Technology Co LTD)
Additional Conditions to Obligations of the 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, waived in writing, exclusively writing by the Company:
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Varian Inc), Agreement and Plan of Merger (Symantec Corp), Agreement and Plan of Merger (Symantec Corp)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be and the other transactions contemplated hereby are also subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any or all of which may be waived, waived in writing, exclusively writing by the Company, in whole or in part:
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Harte Hanks Communications Inc), Agreement and Plan of Merger (McNichols Gerald R), Agreement and Plan of Merger (Affiliated Computer Services Inc)
Additional Conditions to Obligations of the 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 5 contracts
Samples: Agreement and Plan of Merger (Trenton Acquisition Corp.), Agreement and Plan of Merger (R&r Acquisition Vi, Inc), Agreement and Plan of Merger (Tarrant Apparel Group)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be are subject to the satisfaction satisfaction, or waiver by the Company, at or prior to the Closing Date of each Effective Time of the following additional conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 4 contracts
Samples: Management and Advisory Agreement (Gannett Co., Inc.), Agreement and Plan of Merger (Cigna Corp), Agreement and Plan of Merger (Express Scripts Holding Co.)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be subject to the satisfaction (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 the Company:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (BTP Acquisition Company, LLC), Agreement and Plan of Merger (Image Entertainment Inc), Agreement and Plan of Merger (BTP Acquisition Company, LLC)
Additional Conditions to Obligations of the 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 Effective Time of the following additional conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Acorda Therapeutics Inc), Agreement and Plan of Merger (Myriad Genetics Inc), Agreement and Plan of Merger (Investment Technology Group Inc)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be are subject to the satisfaction at or prior to fulfillment, on the Closing Date Date, of each of the following conditions, conditions (any or all of which may be waived, in writing, exclusively waived by the Company:Company in whole or in part in its sole discretion):
Appears in 4 contracts
Samples: Agreement and Plan of Merger (DJO Finance LLC), Agreement and Plan of Merger (Colfax CORP), Agreement and Plan of Merger (IHS Markit Ltd.)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be Combination are subject to the satisfaction at of, or waiver by the 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 the Company:
Appears in 4 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Level 3 Communications Inc), Agreement and Plan of Merger (Centurylink, Inc)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be is also subject to the satisfaction at or prior to the Closing Date of each Effective Time of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (United Heritage Bankshares of Florida Inc), Agreement and Plan of Merger (Marshall & Ilsley Corp/Wi/), Agreement and Plan of Merger (Marshall & Ilsley Corp/Wi/)
Additional Conditions to Obligations of the 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 additional conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Ardea Biosciences, Inc./De), Agreement of Merger (Catalina Marketing Corp/De), Agreement of Merger (Catalina Marketing Corp/De)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be are subject to the satisfaction at of, or waiver by the 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 the Company:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Babyuniverse, Inc.), Agreement and Plan of Merger (Oracle Healthcare Acquisition Corp.), Agreement and Plan of Merger (eToys Direct, Inc.)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be is subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any or all of which may be waived, in writing, waived exclusively by the Company, in whole or in part:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Energy XXI Gulf Coast, Inc.), Agreement and Plan of Merger (Epl Oil & Gas, Inc.), Agreement and Plan of Merger (Energy Xxi (Bermuda) LTD)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be are subject to the satisfaction at of, or waiver by the Company on or prior to the Closing Date of each of of, the following additional conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Constellation Brands, Inc.), Agreement and Plan of Merger (Chalone Wine Group LTD), Agreement and Plan of Merger (Domaines Barons De Rothschild /Lafite/)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be is subject to the satisfaction at or waiver on or prior to the Closing Date of each of the following additional conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Yankee Holding Corp.), Agreement and Plan of Merger (Efunds Corp), Agreement and Plan of Merger (Yankee Candle Co Inc)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be subject to the satisfaction satisfaction, at or prior to the Closing Date Date, of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Global Cash Access Holdings, Inc.), Agreement and Plan of Merger (Sigmatel Inc), Agreement and Plan of Merger (Cash Systems Inc)
Additional Conditions to Obligations of the Company. The obligation --------------------------------------------------- obligations of the Company to consummate and effect the Merger shall be are subject to the satisfaction at satisfaction, or prior to waiver by the Company, on or before the Closing Date of each Date, of the following additional conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Triangle Pacific Corp), Agreement and Plan of Merger (Armstrong World Industries Inc), Agreement and Plan of Merger (Armstrong World Industries Inc)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be subject to the satisfaction at on or prior to the Closing Date of each of the following additional conditions, any of which may be waived, in writing, exclusively by the CompanyCompany in its sole discretion:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Infospace Inc), Agreement and Plan of Merger (Infospace Inc), Agreement and Plan of Merger (Epresence Inc)
Additional Conditions to Obligations of the 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, waived in writing, exclusively writing by the Company:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Force10 Networks Inc), Agreement and Plan of Merger (Carrier Access Corp), Agreement and Plan of Merger (Stratagene Corp)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be are subject to the satisfaction at satisfaction, or waiver in writing by the 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 the Company:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Iomed Inc), Agreement and Plan of Merger (Horizon Offshore Inc), Agreement and Plan of Merger (Cal Dive International, Inc.)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be is subject to the satisfaction at or waiver by the 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 the Company:
Appears in 3 contracts
Samples: Agreement (Deltek, Inc), Agreement and Plan (Abraxis BioScience, Inc.), Agreement and Plan (Celgene Corp /De/)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be subject to the satisfaction at on or prior to the Closing Date of each of the following additional conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (New Focus Inc), Agreement and Plan of Merger (Bookham Technology PLC), Agreement and Plan of Merger (Bookham Technology PLC)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be and the other transactions contemplated herein are also subject to the satisfaction at (unless waived by the Company) on or prior to the Closing Date of each Effective Time of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Nicor Inc), Agreement and Plan of Merger (Agl Resources Inc)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be are subject to the satisfaction at of, or waiver by, the 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 the Company:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Franklin Resources Inc), Agreement and Plan of Merger (Legg Mason, Inc.)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be are subject to the satisfaction at or waiver by the Company on 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: Agreement and Plan of Merger (Nielsen Holdings N.V.), Agreement and Plan of Merger (Arbitron Inc)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be and the other transactions contemplated hereby are also subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any or all of which may be waived, waived in writing, exclusively writing by the Company, in whole or in part, to the extent permitted by applicable law:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Intellicall Inc), Agreement and Plan of Merger (Intellicall Inc)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be is subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any or all of which may be waived, waived in writing, exclusively whole or in part in writing by the Company:Company (acting alone):
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Owens & Minor Inc/Va/), Agreement and Plan of Merger (Medical Action Industries Inc)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be are subject to the satisfaction at of, or waiver by the Company on or prior to the Closing Date of each the following additional conditions (it being understood that any determination as to the satisfaction or waiver of any of the following conditions, any of which may conditions shall be waived, in writing, exclusively made only by the Special Committee on behalf of the Company:):
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Irvine Apartment Communities Inc), Agreement and Plan of Merger (Irvine Co Et Al)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be subject to the satisfaction at on or prior to the Closing Date of each of the following additional conditions, any each of which may be waived, in writing, exclusively by the Company:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Aclaris Therapeutics, Inc.), Agreement and Plan of Merger (Sucampo Pharmaceuticals, Inc.)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be is subject to the satisfaction at (or waiver if permissible under applicable Law) on or prior to the Closing Date of each of the following additional conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Total System Services Inc), Agreement and Plan of Merger (NetSpend Holdings, Inc.)
Additional Conditions to Obligations of the 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 the Company:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (American Home Mortgage Holdings Inc), Agreement and Plan of Merger (Apex Mortgage Capital Inc)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be and to consummate the other transactions contemplated herein to occur on the Closing Date is further subject to the satisfaction at or prior to the Closing Date of each of the following additional conditions, any one or more of which may be waived, waived in writing, exclusively writing by the Company:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ventas Inc), Agreement and Plan of Merger (Eldertrust)
Additional Conditions to Obligations of the 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 2 contracts
Samples: Agreement and Plan of Reorganization (Extended Systems Inc), Agreement and Plan of Reorganization (Palm Inc)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be subject to the satisfaction or fulfillment, at or prior to the Closing Date Date, of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 2 contracts
Samples: Plan of Merger (New Age Beverages Corp), Agreement and Plan of Merger and Reorganization (Sun Microsystems Inc)
Additional Conditions to Obligations of the Company. The obligation of --------------------------------------------------- the Company to consummate and effect the Merger shall be is subject to the satisfaction at on or prior to the Closing Date of each of the following additional conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 2 contracts
Samples: Terms Agreement (Telemundo Holding Inc), Agreement and Plan of Merger (Keane Inc)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company and the Stockholders 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 2 contracts
Samples: Agreement and Plan of Reorganization (Quartet Merger Corp.), Agreement and Plan of Reorganization (Pangaea Logistics Solutions Ltd.)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be Amalgamation are subject to the satisfaction at of, or waiver by the 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 the Company:
Appears in 2 contracts
Samples: Agreement and Plan of Amalgamation (Level 3 Communications Inc), Agreement and Plan of Amalgamation (Global Crossing LTD)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be is further subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any one or more of which may be waived, in writing, exclusively waived by the CompanyCompany at or prior to the Closing:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Blueprint Medicines Corp), Agreement and Plan of Merger (Hub Group, Inc.)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be Acquisition and the other transactions contemplated hereby are also 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: Acquisition Agreement (Processa Pharmaceuticals, Inc.), Acquisition Agreement (Heatwurx, Inc.)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be are further subject to the satisfaction of the following conditions, any one or more of which may be waived by the Company at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by the CompanyDate:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Government Properties Trust Inc), Agreement and Plan of Merger (Centerpoint Properties Trust)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be are also subject to the satisfaction satisfaction, or waiver by the Company, 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: Agreement and Plan of Merger (Medistem Inc.), Agreement and Plan of Merger (Intrexon Corp)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be are subject to the satisfaction or waiver by the Company at or prior to the Closing Date of each Effective Time of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Pernix Therapeutics Holdings, Inc.), Agreement and Plan of Merger (Somaxon Pharmaceuticals, Inc.)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be are also subject to the satisfaction 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 the Company:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Silicon Graphics International Corp), Agreement and Plan of Merger (Hansen Medical Inc)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be are subject to the satisfaction at of, or waiver (to the extent permitted by applicable Law) by the 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 the Company:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Take Two Interactive Software Inc), Agreement and Plan of Merger (Zynga Inc)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be subject to the satisfaction (or waiver by the Company) at or prior to the Closing Date Effective Time of each of the following additional conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Northwestern Corp), Agreement and Plan of Merger (Northwestern Corp)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be Mergers is subject to the satisfaction at on or prior to the Closing Date of each of the following conditions, any or all of which may be waived, in writing, waived exclusively by the Company:, in whole or in part, to the extent permitted by applicable Law: 104
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (IAA, Inc.), Agreement and Plan of Merger and Reorganization (Ritchie Bros Auctioneers Inc)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be are subject to the satisfaction at satisfaction, or waiver by the 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 the Company:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Labranche & Co Inc), Agreement and Plan of Merger (Cowen Group, Inc.)
Additional Conditions to Obligations of the Company. The obligation of --------------------------------------------------- the Company to consummate and effect the Merger shall be subject to the satisfaction at on or prior to the Closing Date of each of the following additional conditions, any of which may be waived, in writing, exclusively by the CompanyCompany in its sole discretion:
Appears in 1 contract
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be is also subject to the satisfaction at (or, to the extent permissible under Applicable Law, waiver) of the following conditions on or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by the CompanyDate:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Metropolitan Health Networks Inc)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall Mergers and the other Transactions 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 the Company:
Appears in 1 contract
Samples: Agreement and Plan of Merger (InterPrivate II Acquisition Corp.)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger and the transactions contemplated hereby 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
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be and the other transactions contemplated herein is also subject to the satisfaction at or prior to the Closing Date of each Effective Time of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 1 contract
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be is further subject to the satisfaction or waiver at or prior to the Closing Date of each Effective Time of the following conditions, any of which may be waived, in writing, exclusively by the Company:: (1)
Appears in 1 contract
Samples: Agreement and Plan of Merger and Recapitalization (Wheels Mergerco LLC)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger Mergers shall be subject to the satisfaction at on or prior to the Closing Date of each of the following additional conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 1 contract
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be are subject to the satisfaction at waiver by the Company or the satisfaction, on or prior to the Closing Date of each Date, 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 (American Oil & Gas Inc)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be are subject to the satisfaction at of, or waiver by the 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 the Company:
Appears in 1 contract
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be on the Closing Date is also 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 (Si International Inc)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be and the other Transactions are also subject to the satisfaction at or prior to as of the Closing Date of each of the following conditions, any one of which may be waived, waived in writing, exclusively writing by the Company:
Appears in 1 contract
Samples: Agreement and Plan of Merger (iDreamSky Technology LTD)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be subject to the satisfaction at or waiver by the Company prior to the Closing Date of each Effective Time of the following additional conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 1 contract
Samples: Merger Agreement (New England Business Service Inc)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to before 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 (WuXi PharmaTech (Cayman) Inc.)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be subject to the satisfaction or fulfillment, at or prior to the Closing Date Closing, of each of the following conditions, additional conditions (any or all of which may be waived, in writingwhole or in part, exclusively by the Company:Company in its sole and absolute discretion):
Appears in 1 contract
Samples: Agreement and Plan of Merger (Sirenza Microdevices Inc)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be are also subject to the satisfaction (or to the extent permitted by applicable Law, waiver by the Company) at or prior to before the Closing Date of each of the following additional conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 1 contract
Additional Conditions to Obligations of the Company. The obligation obligations of the Company and the Stockholder 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: Agreement and Plan of Reorganization (Trio Merger Corp.)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be subject to the satisfaction at on 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
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be and otherwise consummate the Contemplated Transactions is subject to the satisfaction (or waiver by Company), at or prior to the Closing Date Closing, of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 1 contract
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger Mergers shall be subject to the satisfaction at or prior to as of 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 (Northern Star Investment Corp. II)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be subject to the satisfaction or waiver by the Company at or prior to the Closing Date of each Effective Time of the following additional conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Apex Bioventures Acquisition Corp)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be and the other transactions contemplated herein are also subject to the satisfaction at or prior to as of the Closing Date of each of the following conditions, any one of which may be waived, waived in writing, exclusively writing by the Company:: 57
Appears in 1 contract
Samples: Agreement and Plan of Merger (China Customer Relations Centers, Inc.)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company and the Signing Members 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 Reorganization (Cullen Agricultural Holding Corp)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be is subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any or all of which may be waived, waived in writing, whole or in part exclusively by the Company:
Appears in 1 contract
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be is further subject to the satisfaction or waiver at or prior to the Closing Date of each Effective Time 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 and Recapitalization (Xtra Corp /De/)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be and the other transactions contemplated hereby are also 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 (Moleculin Biotech, Inc.)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be are subject to the satisfaction at satisfaction, or prior to waiver by the Company, on or before the Closing Date of each Date, of the following additional conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Triangle Pacific Corp)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be and other Transactions are also subject to the satisfaction at or prior to as of the Closing Date of each of the following conditions, any one of which may be waived, waived in writing, exclusively writing by the Company:
Appears in 1 contract
Additional Conditions to Obligations of the 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, waived exclusively by the Company:
Appears in 1 contract
Additional Conditions to Obligations of the Company. The obligation --------------------------------------------------- obligations of the Company to consummate and effect the Merger shall be are subject to the satisfaction at or or, where permissible, waiver, prior to the Closing Date of each Effective Time, of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 1 contract
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger and the other transactions contemplated hereby 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 the Company:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Amicus Therapeutics Inc)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be is further subject to the satisfaction at (or waiver, if permissible under applicable Law) on 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
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Company Merger shall be are also subject to the satisfaction 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 the Company:
Appears in 1 contract
Samples: Agreement and Plan of Merger (International Game Technology)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger and the other transactions contemplated herein shall also be subject to the satisfaction or waiver at or prior to the Closing Date of each Effective Time of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 1 contract
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be are subject to the satisfaction (or waiver if permissible under applicable Law) 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
Additional Conditions to Obligations of the 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 or all of which may be waived, in writing, waived exclusively by the CompanyCompany in whole or in part to the extent permitted by applicable Law:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Image Entertainment Inc)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger and the transactions contemplated hereby 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 the CompanyCompany or the Stockholders’ Agent:
Appears in 1 contract
Additional Conditions to Obligations of the 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, conditions (any or all of which may be waived, waived in writing, exclusively writing by the Company:, in whole or in part):
Appears in 1 contract
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be are further subject to the satisfaction of the following conditions, any one or more of which may be waived in writing by the Company at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by the CompanyDate:
Appears in 1 contract
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall will be subject to the satisfaction or, if permissible, waiver at or prior to before the Closing Date Effective Time of each of the additional following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Foremost Corp of America)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be and the other transactions contemplated herein are also subject to the satisfaction or waiver at or prior to the Closing Date Effective Time of each of the following additional conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Prime Retail Inc/Bd/)
