Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and the transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 66 contracts
Samples: Merger Agreement (American Well Corp), Merger Agreement (Google Inc.), Merger Agreement (Riverstone Networks Inc)
Additional Conditions to Obligations of the Company. The obligations obligation of the Company to consummate effect the Merger and the transactions contemplated by this Agreement 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 53 contracts
Samples: Merger Agreement (Pacific Ethanol, Inc.), Agreement and Plan of Merger (Palomar Medical Technologies Inc), Merger Agreement (Palomar Medical Technologies Inc)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate effect the Merger and the transactions contemplated by this Agreement shall be are subject to the satisfaction at of, or waiver by the Company, on or prior to the Closing of each Date of the following additional conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 44 contracts
Samples: Merger Agreement, Agreement and Plan of Merger, Merger Agreement (Healthequity, Inc.)
Additional Conditions to Obligations of the Company. The obligations obligation of the Company to consummate effect the Merger and the transactions contemplated by this Agreement 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: Merger Agreement (CNL Income Fund Ii LTD), Merger Agreement (CNL Restaurant Properties Inc), Merger Agreement (U S Restaurant Properties Inc)
Additional Conditions to Obligations of the Company. The obligations obligation of the 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 40 contracts
Samples: Merger Agreement (Reptron Electronics Inc), Agreement and Plan of Reorganization (Inverness Medical Innovations Inc), Merger Agreement (Progress Software Corp /Ma)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and the other transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 25 contracts
Samples: Merger Agreement (Identiv, Inc.), Merger Agreement (Sigma Designs Inc), Merger Agreement (Emulex Corp /De/)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and the transactions contemplated by this Agreement Transactions shall be subject to the satisfaction or waiver at or prior to the Closing of each of the following conditions, any conditions (it being understood and agreed that each such condition is solely for the benefit of which the Company and may be waived, in writing, exclusively waived by the Company:Company in writing in its sole discretion without notice or Liability to any Person):
Appears in 20 contracts
Samples: Merger Agreement (PubMatic, Inc.), Agreement and Plan of Merger (Alteryx, Inc.), Agreement and Plan of Merger (Castle Biosciences Inc)
Additional Conditions to Obligations of the Company. The obligations obligation of the Company to consummate effect the Merger and the transactions contemplated by this Agreement 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 20 contracts
Samples: Merger Agreement (Centessa Pharmaceuticals LTD), Merger Agreement (Crane Co /De/), Merger Agreement (American Science & Engineering, Inc.)
Additional Conditions to Obligations of the Company. The obligations --------------------------------------------------- of the Company to consummate the Merger and the transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 18 contracts
Samples: Agreement and Plan of Reorganization (Magma Design Automation Inc), Merger Agreement (Critical Path Inc), Agreement and Plan of Reorganization (Smartforce Public LTD Co)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and the transactions contemplated by this Agreement hereby shall be subject to the satisfaction at or prior to the Closing of each of the following conditions, any conditions (it being understood that each such condition is solely for the benefit of which the Company and may be waived, in writing, exclusively waived by the Company:Company in writing in its sole discretion without notice or Liability to any Person):
Appears in 17 contracts
Samples: Merger Agreement (Cirrus Logic, Inc.), Merger Agreement (Sailpoint Technologies Holdings, Inc.), Merger Agreement (Sailpoint Technologies Holdings, Inc.)
Additional Conditions to Obligations of the Company. The obligations obligation of the Company to consummate the Merger and the other transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 13 contracts
Samples: Merger Agreement (Angiotech Pharmaceuticals Inc), Agreement and Plan of Merger (Angiotech Pharmaceuticals Inc), Merger Agreement (BSD Software Inc)
Additional Conditions to Obligations of the Company. The obligations of the 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 11 contracts
Samples: Agreement and Plan of Reorganization (Bowen Acquisition Corp), Merger Agreement (Andina Acquisition Corp), Merger Agreement (Ithaka Acquisition Corp)
Additional Conditions to Obligations of the Company. The obligations obligation of the Company to consummate effect the Merger and the transactions contemplated by this Agreement shall be is subject to the satisfaction at or prior to the Closing of each of the following additional conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 7 contracts
Samples: Merger Agreement (Yesmail Com Inc), Merger Agreement (Prodigy Communications Corp), Merger Agreement (Prodigy Communications Corp)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate and effect the Merger and the transactions contemplated by this Agreement 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 7 contracts
Samples: Securities Purchase Agreement (Catalyst Lighting Group Inc), Merger Agreement (Multi Link Telecommunications Inc), Securities Purchase Agreement (Frezer, Inc.)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate and effect the Merger and the transactions contemplated by this Agreement 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), Merger Agreement (Big Rock Partners Sponsor, LLC), Agreement and Plan of Reorganization (Newtown Lane Marketing Inc)
Additional Conditions to Obligations of the Company. The obligations of the 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 of each of the following additional conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 7 contracts
Samples: Merger Agreement (Tut Systems Inc), Merger Agreement (Ikos Systems Inc), Merger Agreement (Copper Mountain Networks Inc)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate effect the Merger and the transactions contemplated by this Agreement shall be are subject to the satisfaction at of, or waiver by the Company, on or prior to the Closing of each Date of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 6 contracts
Samples: Merger Agreement (Medytox Solutions, Inc.), Merger Agreement (CollabRx, Inc.), Merger Agreement (Amtech Systems Inc)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate and effect the Merger and the transactions contemplated by this Agreement hereby shall be subject to the satisfaction at or prior to the Closing 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: Merger Agreement (Intercontinental Exchange, Inc.), Merger Agreement (McKesson Corp), Merger Agreement (US Oncology Holdings, Inc.)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate effect the Merger and the transactions contemplated by this Agreement shall be are subject to the satisfaction at of, or waiver by the Company on or prior to the Closing of each Date of the following additional conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 6 contracts
Samples: Merger Agreement (At&t Corp), Agreement and Plan of Merger (At&t Corp), Agreement and Plan of Merger (Vanguard Cellular Systems Inc)
Additional Conditions to Obligations of the Company. The obligations obligation of the Company to consummate effect the Merger and the other transactions contemplated by this Agreement shall be herein are also subject to the satisfaction at or prior to as of the Closing of each of the following conditions, any one of which may be waived, waived in writing, exclusively writing by the Company:
Appears in 6 contracts
Samples: Merger Agreement (Hailiang Education Group Inc.), Merger Agreement (China Customer Relations Centers, Inc.), Merger Agreement (Gridsum Holding Inc.)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and the transactions contemplated by this Agreement other Transactions shall be subject to the satisfaction at or prior to the Closing of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:Company (it being understood that each such condition is solely for the benefit of the Company and may be waived in writing by the Company in its sole discretion without notice, liability or obligation to any Person):
Appears in 5 contracts
Samples: Merger Agreement (Cisco Systems, Inc.), Merger Agreement (Splunk Inc), Agreement and Plan of Merger (Acacia Communications, Inc.)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and the transactions contemplated by this Agreement hereby shall be subject to the satisfaction at or prior to the Closing of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:Company (it being understood that each such condition is solely for the benefit of the Company and may be waived in writing by the Company in its sole discretion without notice, liability or obligation to any Person):
Appears in 5 contracts
Samples: Merger Agreement (Virage Logic Corp), Merger Agreement (Scientific Atlanta Inc), Merger Agreement (Digital Insight Corp)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate effect the Merger and the other transactions contemplated by this Agreement shall be hereby are also subject to the satisfaction at or prior to the Closing of each Date 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: Merger Agreement (GRC International Inc), Merger Agreement (Dimark Inc), Merger Agreement (Affiliated Computer Services Inc)
Additional Conditions to Obligations of the Company. The obligations obligation of the Company to consummate 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 5 contracts
Samples: Merger Agreement (Trenton Acquisition Corp.), Merger Agreement (R&r Acquisition Vi, Inc), Agreement and Plan of Reorganization (Dynamic Health Products Inc)
Additional Conditions to Obligations of the Company. The obligations obligation of the Company to consummate effect the Merger and the transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing 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: Merger Agreement (Altiris Inc), Merger Agreement (Agilent Technologies Inc), Merger Agreement (Symantec Corp)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and effect this Agreement and the transactions contemplated by this Agreement hereby shall be subject to the satisfaction at or prior to the Closing Effective Time of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 4 contracts
Samples: Merger Agreement (Platinum Technology Inc), Agreement and Plan of Reorganization (Larscom Inc), Agreement and Plan of Reorganization (Tut Systems Inc)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and the transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing of each 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 Reorganization (Storage Computer Corp), Agreement and Plan of Reorganization (Corsair Communications Inc), Merger Agreement (Triangle Pharmaceuticals Inc)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate effect the Merger and the transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing of each Effective Time of the following conditions, additional conditions (any of which may be waived, in writing, exclusively by the Company:):
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Otonomo Technologies Ltd.), Merger Agreement (Coupa Software Inc), Merger Agreement (Select Comfort Corp)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger Acquisition and the other transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 4 contracts
Samples: Asset Purchase Agreement (Atheros Communications Inc), Asset Purchase Agreement (Synnex Corp), Asset Purchase Agreement (Centillium Communications Inc)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and the other transactions contemplated hereby and by this Agreement the Ancillary Agreements shall be subject to the satisfaction or waiver of each of the following conditions at or prior to the Closing Effective Time (all of each which are for the benefit of the following conditions, any of which Company and may only be waived, in writing, exclusively waived by the Company:Company in writing if not satisfied):
Appears in 4 contracts
Samples: Merger Agreement (Valueclick Inc/Ca), Merger Agreement (K2 Inc), Merger Agreement (Valueclick Inc/Ca)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate effect the Merger and the other transactions contemplated by this Agreement hereby shall be subject to the satisfaction at or prior to the Closing of each of the following conditions, any or all of which may be waived, in writing, exclusively waived by the Company, in whole or in part, to the extent permitted by applicable Law:
Appears in 4 contracts
Samples: Merger Agreement (Pen Interconnect Inc), Merger Agreement (Dresser Industries Inc /De/), Merger Agreement (Halliburton Co)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate and effect this Agreement and the Merger and the other transactions contemplated by this Agreement hereby shall be subject to the satisfaction at or prior to the Closing Effective Time of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 3 contracts
Samples: Merger Agreement (Career Education Corp), Merger Agreement (California Culinary Academy Inc), Merger Agreement (Career Education Corp)
Additional Conditions to Obligations of the Company. The obligations obligation of the 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 of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 3 contracts
Samples: Merger Agreement (Telanetix,Inc), Merger Agreement (Applera Corp), Merger Agreement (Matria Healthcare Inc)
Additional Conditions to Obligations of the Company. The obligations obligation of the Company to consummate effect the Merger and the transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing of each of the following additional conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 3 contracts
Samples: Merger Agreement (Ardea Biosciences, Inc./De), Merger Agreement (Catalina Marketing Corp/De), Merger Agreement (Catalina Marketing Corp/De)
Additional Conditions to Obligations of the Company. The obligations obligation of the Company to consummate effect the Merger and the transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing 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: Merger Agreement (Force10 Networks Inc), Merger Agreement (Carrier Access Corp), Merger Agreement (Stratagene Corp)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate and effect the Merger and the transactions contemplated by this Agreement other Transactions shall be subject to the satisfaction at or prior to the Closing of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 3 contracts
Samples: Merger Agreement (Hillman Companies Inc), Merger Agreement (Landcadia Holdings III, Inc.), Agreement and Plan of Merger (Landcadia Holdings III, Inc.)
Additional Conditions to Obligations of the Company. The obligations obligation of the Company to consummate effect the Merger and the transactions contemplated by this Agreement shall be subject to the satisfaction 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: Merger Agreement (Cash Systems Inc), Merger Agreement (Global Cash Access Holdings, Inc.), Merger Agreement (Sigmatel Inc)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and effect this Agreement and the transactions contemplated by this Agreement 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 3 contracts
Samples: Agreement and Plan of Reorganization (Etoys Inc), Agreement and Plan of Reorganization (Evoke Inc), Merger Agreement (Etoys Inc)
Additional Conditions to Obligations of the Company. The obligations of the 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 Effective Time of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 3 contracts
Samples: Merger Agreement (Eastern Enterprises), Merger Agreement (Energynorth Inc), Merger Agreement (Kentex Petroleum Inc)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate effect the Merger and the transactions contemplated by this Agreement 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: Merger Agreement (Bookham Technology PLC), Merger Agreement (New Focus Inc), Merger Agreement (Bookham Technology PLC)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and the transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to before the Closing of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 3 contracts
Samples: Merger Agreement (Tangible Asset Galleries Inc), Merger Agreement (Integrated Alarm Services Group Inc), Merger Agreement (Integrated Alarm Services Group Inc)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and the other transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 3 contracts
Samples: Merger Agreement (Wellcare Management Group Inc), Merger Agreement (Wellcare Group Inc), Merger Agreement (Wellcare Management Group Inc)
Additional Conditions to Obligations of the Company. The obligations obligation of the Company to consummate effect the Merger and the transactions contemplated by this Agreement 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: Merger Agreement (Infospace Inc), Merger Agreement (Epresence Inc), Merger Agreement (Infospace Inc)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate and effect the Merger and the transactions contemplated by this Agreement hereby shall be subject to the satisfaction at or prior to the Closing Effective Time of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 3 contracts
Samples: Merger Agreement (Flir Systems Inc), Merger Agreement (Phone Com Inc), Merger Agreement (Phone Com Inc)
Additional Conditions to Obligations of the Company. The obligations obligation of the Company to consummate effect the Merger and the transactions contemplated by this Agreement shall be is further subject to the satisfaction at or prior to the Closing 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: Merger Agreement (Blueprint Medicines Corp), Merger Agreement (Hub Group, Inc.)
Additional Conditions to Obligations of the Company. The obligations obligation --------------------------------------------------- of the 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 2 contracts
Samples: Merger Agreement (Palm Inc), Merger Agreement (Extended Systems Inc)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and the transactions contemplated by this Agreement shall be are subject to the satisfaction at or prior to the Closing 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 (Gambling.com Group LTD), Merger Agreement (Shutterstock, Inc.)
Additional Conditions to Obligations of the Company. The --------------------------------------------------- obligations of the Company to consummate effect the Merger and the other transactions contemplated by this Agreement hereby shall be subject to the satisfaction at or prior to the Closing of each Effective Time of the following conditions, any or all of which may be waived, in writing, exclusively waived by the Company:, in whole or in part, to the extent permitted by applicable Law.
Appears in 2 contracts
Samples: Merger Agreement (Halliburton Co), Merger Agreement (Numar Corp)
Additional Conditions to Obligations of the Company. The obligations --------------------------------------------------- of the Company to consummate the Merger and the other transactions contemplated by this Agreement hereby shall be subject to the satisfaction or waiver of each of the following conditions at or prior to the Closing of each of the following conditionsEffective Time, any of which may be waived, in writing, exclusively by the Company:
Appears in 2 contracts
Samples: Merger Agreement (Peregrine Systems Inc), Merger Agreement (Remedy Corp)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger Acquisition and the transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 2 contracts
Samples: Purchase Agreement (Trustcash Holdings, Inc.), Purchase Agreement (Mistral Ventures Inc)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and the transactions contemplated by this Agreement Other Transactions shall be subject to the satisfaction at or prior to the Closing of each of the following conditions, any of which may be waived, in writing, exclusively by the Company, in the Company’s sole discretion:
Appears in 2 contracts
Samples: Merger Agreement (M/a-Com Technology Solutions Holdings, Inc.), Merger Agreement (M/a-Com Technology Solutions Holdings, Inc.)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and the transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing 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 (Forsythe Gerald R), Merger Agreement (Verticalnet Inc)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and the other transactions contemplated by this Agreement hereby shall be subject to the satisfaction at or prior to the Closing 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 (Audience Inc), Merger Agreement (Business Objects S.A.)
Additional Conditions to Obligations of the Company. The obligations obligation of the Company to consummate the Merger and the transactions contemplated by this Agreement Transactions shall be subject to the satisfaction at or prior to the Closing 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 (First Financial Bancorp /Oh/), Merger Agreement (Citrix Systems Inc)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and the transactions contemplated by this Agreement shall be subject to the satisfaction or waiver at or prior to the Closing of each of the following additional conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 2 contracts
Samples: Merger Agreement (Enpro Industries, Inc), Agreement and Plan of Merger (Callaway Golf Co)
Additional Conditions to Obligations of the Company. The obligations obligation of the Company to consummate effect the Merger and the other transactions contemplated by in this Agreement shall be are also subject to the satisfaction at or prior to the Closing of each of the following conditions, any or all of which may be waived, in writing, exclusively waived by the CompanyCompany in its sole discretion:
Appears in 2 contracts
Samples: Merger Agreement (U Ship Inc), Merger Agreement (Daka International Inc)
Additional Conditions to Obligations of the Company. The obligations obligation of the Company to consummate effect the Merger and the other transactions contemplated by in this Agreement shall be is also subject to the satisfaction at or prior to the Closing of each Effective Time of the following conditions, any or all of which may be waived, in writing, exclusively by the Company:whole or in part;
Appears in 2 contracts
Samples: Merger Agreement (White David Inc), Merger Agreement (State Financial Services Corp)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and effect this Agreement and the transactions contemplated by this Agreement hereby shall be subject to the satisfaction at or prior to the Closing 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 (Paylocity Holding Corp), Merger Agreement (Invitrogen Corp)
Additional Conditions to Obligations of the Company. The obligations of the Company and the Stockholders to consummate and effect the Merger and the transactions contemplated by this Agreement 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 obligations of the Company to consummate the Merger and the other transactions contemplated by that are to occur at or after the Effective Time pursuant to this Agreement shall be subject to the satisfaction at or prior to the Closing of each of the following conditionsconditions set forth in this Section 6.3, any of which may be waived, in writing, exclusively by the CompanyCompany in its sole and absolute discretion:
Appears in 2 contracts
Samples: Merger Agreement (Greenrose Acquisition Corp.), Agreement and Plan of Merger (Greenrose Acquisition Corp.)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and the transactions contemplated by this Agreement shall be hereby, including the Merger, are subject to the satisfaction at or prior to the Closing of each of the following conditions, any or all of which may be waived, in writingwhole or in part, exclusively to the extent permitted by applicable Law, by the Company:
Appears in 2 contracts
Samples: Merger Agreement (E.W. SCRIPPS Co), Merger Agreement (E.W. SCRIPPS Co)
Additional Conditions to Obligations of the Company. The obligations obligation of the Company to consummate and effect the Merger and the transactions contemplated by this Agreement shall be subject to the satisfaction or fulfillment, 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: Plan of Merger (New Age Beverages Corp), Merger Agreement (Sun Microsystems Inc)
Additional Conditions to Obligations of the Company. The obligations of the 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 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 (Avista Healthcare Public Acquisition Corp.), Merger Agreement (Harmony Merger Corp.)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and the other transactions contemplated hereby and by this Agreement each Transaction Document shall be subject to the satisfaction at or prior to the Closing 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 (Upbound Group, Inc.), Merger Agreement (Lyell Immunopharma, Inc.)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and effect this Agreement and the transactions contemplated by this Agreement 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 2 contracts
Samples: Merger Agreement (COMMITTED CAPITAL ACQUISITION Corp), Agreement and Plan of Reorganization (Adept Technology Inc)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger Asset Purchase and the transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 2 contracts
Samples: Asset Purchase Agreement (Healtheon Corp), Asset Purchase Agreement (Healtheon Corp)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger Mergers and the transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing 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 (Realnetworks Inc)
Additional Conditions to Obligations of the Company. The obligations of the --------------------------------------------------- Company to consummate the Merger and the transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing 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 (Level 8 Systems)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and the transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to before the Closing of each of the following conditions, any of which may be waived, in writing, exclusively by subject to the Company:mutual consent of the Company and Purchaser.
Appears in 1 contract
Samples: Merger Agreement (Thinkpath Inc)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate effect the Merger and the transactions contemplated by this Agreement shall be subject to the satisfaction or fulfillment, at or prior to the Closing 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
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and the transactions contemplated by this Agreement hereby shall be subject to the satisfaction at or prior to the 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 obligations of the Company to consummate the Merger Transactions and the other transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the 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 obligations of the Company to consummate the Merger and the transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing Closing, or such time as specified herein, 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 obligations of the Company to consummate effect the Merger and consummate the transactions contemplated by this Agreement hereby shall be subject to the satisfaction at or prior to before the Closing of each of the following conditionsconditions (it being understood that each such condition is solely for the benefit of the Company, any of which in whole or in part, and may be waived, in writing, exclusively waived by the Company:Company in writing in its sole discretion without notice):
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Samples: Merger Agreement (Mathstar Inc)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and the other transactions contemplated by that are to occur at or after the Effective Time pursuant to this Agreement shall be subject to the satisfaction at or prior to the Closing of each of the following conditionsconditions set forth in this Section 8.2, any of which may be waived, in writing, exclusively by the Company:
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Samples: Merger Agreement (Cimatron LTD)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and the other transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:Company (it being understood that each such condition is solely for the benefit of the Company and may be waived in writing by the Company in its sole discretion without notice, liability or obligation to any Person):
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Samples: Merger Agreement (Sourcefire Inc)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and the transactions contemplated by this Agreement shall be Operating Partnership to effect the Mergers are subject to the satisfaction at or prior to the Closing of each of the following conditions, any or all of which may be waived, in writingwhole or in part, exclusively to the extent permitted by the CompanySection 7.4 and applicable Law:
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Samples: Merger Agreement (Liberty Property Limited Partnership)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and the transactions contemplated by other Transactions that are to occur at or after the Effective Time pursuant to this Agreement shall be subject to the satisfaction at or prior to the Closing of each of the following conditionsconditions set forth in this Section 6.3, any of which may be waived, in writing, exclusively by the CompanyCompany in its sole and absolute discretion:
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Additional Conditions to Obligations of the Company. The obligations of the Company to consummate and effect the Merger and the transactions contemplated by this Agreement shall Other Transactions will be subject to the satisfaction at or prior to the Closing of each of the following conditions, any of which may be waivedwaived (except as may be prohibited by Law), in writing, exclusively by the Company, in the Company’s sole discretion:
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Samples: Agreement and Plan of Merger (Pacira Pharmaceuticals, Inc.)
Additional Conditions to Obligations of the Company. The obligations obligation of the Company to consummate effect the Merger and the other transactions contemplated by in this Agreement shall be is also subject to the satisfaction at or prior to the Closing of each Effective Time of the following conditions, any or all of which may be waived, in writing, exclusively waived by the Company, in whole or in part:
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Additional Conditions to Obligations of the Company. The obligations obligation of the Company to consummate effect the Merger and the transactions contemplated by this Agreement shall be subject to the satisfaction at on 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
Samples: Merger Agreement (Spacedev, Inc.)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and the transactions contemplated by this Agreement shall will be subject to the satisfaction at or prior to the Closing of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
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Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and the other transactions contemplated by this Agreement hereby shall be subject to the A-45 satisfaction or waiver of each of the following conditions at or prior to the Closing of each of the following conditionsEffective Time, any of which may be waived, in writing, exclusively by the Company:
Appears in 1 contract
Additional Conditions to Obligations of the Company. The obligations obligation of the Company to consummate effect the Merger and the transactions contemplated by this Agreement shall be other Transactions are also subject to the satisfaction at or prior to as of the Closing 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 obligations of the 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 of each of the following conditions, any of which may be waived, in writing, waived exclusively by the Company:
Appears in 1 contract
Samples: Merger Agreement (Healthways, Inc)
Additional Conditions to Obligations of the Company. The obligations of the Company to effect the Closing and consummate the Merger and the other transactions contemplated by that are to occur at or after the Effective Time pursuant to this Agreement shall be subject to the satisfaction at or prior to the Closing of each of the following conditionsconditions set forth in this Section 6.2, any of which may be waived, in writing, exclusively by the CompanyCompany in its sole and absolute discretion:
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Samples: Merger Agreement (Criteo S.A.)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger Transaction and the other transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
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Additional Conditions to Obligations of the Company. The obligations of the Company to consummate effect the Merger and consummate the other transactions contemplated by this Agreement shall be are also subject to the satisfaction at or prior to the Closing of each of the following conditions, any or all of which may be waived, in writingwhole or in part, exclusively to the extent permitted by the Company:Section 9.15 and applicable Law.
Appears in 1 contract
Samples: Merger Agreement (Nuvasive Inc)
Additional Conditions to Obligations of the Company. The obligations of the Company and the Stockholder 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 (Trio Merger Corp.)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate effect the Merger and the other transactions contemplated by in this Agreement shall be are subject to the satisfaction at or prior to the Closing Effective Time of each of the following conditions, any each of which may be waived, in writingwhole or in part, exclusively to the extent permitted by applicable Law, by the Company:
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Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and effect this Agreement and the transactions contemplated by this Agreement hereby shall be subject to the satisfaction at or prior to the Closing Effective Time of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
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Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and effect this Agreement and the transactions contemplated by this Agreement 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, waived only in writing, exclusively writing signed by the Company:
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Additional Conditions to Obligations of the Company. The --------------------------------------------------- obligations of the Company to consummate effect the Merger and the other transactions contemplated by this Agreement hereby shall be subject to the satisfaction at or prior to the Closing of each Effective Time of the following additional conditions, any or all of which may be waived, in writing, exclusively waived by the Company, in whole or in part, to the extent permitted by applicable Law:
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Additional Conditions to Obligations of the Company. The --------------------------------------------------- obligations of the Company to consummate the Merger and the transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing 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 (Level One Communications Inc /Ca/)
Additional Conditions to Obligations of the Company. The obligations of the Company and AWN to consummate and effect the Merger and the transactions contemplated by this Agreement 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 CompanyCompany and AWN:
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Additional Conditions to Obligations of the Company. The obligations of --------------------------------------------------- the Company to consummate the Merger and the transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing 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 (Cirrus Logic Inc)
Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and effect this Agreement and the transactions contemplated by this Agreement hereby shall be subject to the satisfaction at or prior to the Initial Closing Date of each of the following conditions, any of which may be waived, waived in writing, exclusively writing by the Company:
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Additional Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and the transactions other transa ctions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing 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 (Identiv, Inc.)
Additional Conditions to Obligations of the Company. The obligations of the Company and the Shareholder to consummate the Merger and effect 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 CompanyCompany and the Shareholder:
Appears in 1 contract
Samples: Stock Purchase Agreement (CS China Acquisition Corp.)
Additional Conditions to Obligations of the Company. The obligations obligation of the Company to consummate effect the Merger and the transactions contemplated by this Agreement shall be other Transactions are also subject to the satisfaction at or prior to as of the Closing of each of the following conditions, any one of which may be waived, waived in writing, exclusively writing by the Company:
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