Additional Conditions to Obligations of the Company. The obligation of the Company to consummate the Merger is subject to the satisfaction at or prior to the Effective Time of the following conditions, any or all of which may be waived exclusively by the Company, in whole or in part, to the extent permitted by applicable Law:
Appears in 44 contracts
Samples: Agreement and Plan of Merger (GRIID Infrastructure Inc.), Agreement and Plan of Merger (Q Power LLC), Agreement and Plan of Merger (Stronghold Digital Mining, Inc.)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate effect the Merger is subject to the satisfaction at or prior to the Effective Time of each of the following conditions, any or all of which may be waived waived, in writing, exclusively by the Company, in whole or in part, to the extent permitted by applicable Law:
Appears in 27 contracts
Samples: Agreement and Plan of Merger (Bright Mountain Media, Inc.), Agreement and Plan of Merger (GigOptix, Inc.), Agreement and Plan of Merger (5to1 Holding Corp.)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate the Merger is subject to the satisfaction at or prior to the Effective Time of each of the following conditions, any or all of which may be waived exclusively by the Company, in whole or in part, to the extent permitted by applicable Law:
Appears in 22 contracts
Samples: Agreement and Plan of Merger (Aditxt, Inc.), Agreement and Plan of Merger (Evofem Biosciences, Inc.), Agreement and Plan of Merger (Aditxt, Inc.)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate effect the Merger is 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 Effective Time of the following conditions, any or all of which may be waived exclusively by the Company, in whole or in part, to the extent permitted by applicable LawTime:
Appears in 17 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Vonage Holdings Corp), Agreement and Plan of Merger (Irobot Corp)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger is shall be subject to the satisfaction at or prior to the Effective Time of each of the following conditions, any or all of which may be waived waived, in writing, exclusively by the Company, in whole or in part, to the extent permitted by applicable Law:
Appears in 16 contracts
Samples: Agreement and Plan of Merger (One2one Living Corp), Agreement and Plan of Merger (North American Oil & Gas Corp.), Agreement and Plan of Merger (Terra Tech Corp.)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate effect the Merger is and the other transactions contemplated herein are also subject to the satisfaction at or prior to the Effective Time of the following conditions, any or all of which may be waived exclusively by the Company, in whole or in part, to the extent permitted by applicable Law:
Appears in 12 contracts
Samples: Agreement and Plan of Merger (McLeodusa Inc), Agreement and Plan of Merger (Dakota Telecommunications Group Inc), Merger Agreement (McLeod Inc)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate effect the Merger is also subject to the satisfaction at or prior to the Effective Time of the following conditions, any or and all of which may be waived exclusively in writing by the Company, in whole or in part, to the extent permitted by the applicable Lawlaw:
Appears in 8 contracts
Samples: Employment Agreement (Document Security Systems Inc), Agreement and Plan of Merger (Vringo Inc), Agreement and Plan of Merger (Driftwood Ventures, Inc.)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate effect the Merger is subject to the satisfaction at or prior to the Effective Time of each of the following conditions, any or all of which may be waived waived, in writing, exclusively by the Company, in whole or in part, to the extent permitted by applicable Law:
Appears in 8 contracts
Samples: Merger Agreement (TPCO Holding Corp.), Merger Agreement (TPCO Holding Corp.), Merger Agreement (TPCO Holding Corp.)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate effect the Merger is also subject to the satisfaction at or prior to the Effective Time of the following conditions, any or and all of which may be waived exclusively in writing by the Company, in whole or in part, to the extent permitted by applicable Law:
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Xenogen Corp), Agreement and Plan of Merger (Vaxgen Inc), Agreement and Plan of Merger (Regeneration Technologies Inc)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate effect the Merger is and the other transactions contemplated hereby shall be subject to the satisfaction at or prior to the Effective Time of the following additional conditions, any or all of which may be waived exclusively by the Company, in whole or in part, to the extent permitted by applicable Law:
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Clean Harbors Inc), Agreement and Plan of Merger (America Online Inc), Agreement and Plan of Merger (Netscape Communications Corp)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate effect the Merger is and the other transactions contemplated herein are also subject to the satisfaction satisfaction, at or prior to the Effective Time Time, of the following conditions, any or all of which may be waived exclusively by the Companywaived, in whole or in part, to the extent permitted by applicable Law:
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Jamdat Mobile Inc), Agreement and Plan of Merger and Reorganization (Superior Galleries Inc), Agreement and Plan of Merger (Dgse Companies Inc)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate effect the Merger is subject to the satisfaction at or prior to the Effective Time of each of the following conditions, any or all of which may be waived in writing exclusively by the Company, in whole or in part, to the extent permitted by applicable Law:
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Grant Prideco Inc), Agreement and Plan of Merger (National Oilwell Varco Inc), Agreement and Plan of Merger (Varco International Inc /De/)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate effect the Merger is also subject to the satisfaction at or prior to the Effective Time of the following conditions, any or all of which may be waived exclusively by the Company, in whole or in part, to the extent permitted by applicable Law:
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Geltex Pharmaceuticals Inc), Agreement and Plan of Merger (Qiagen Nv), Agreement and Plan of Merger (Orchid Biosciences Inc)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate effect the Merger is are subject to the satisfaction at or prior to the Effective Time of the following conditions, any or all of which may be waived exclusively by the Companywaived, in whole or in part, to the extent permitted by Section 7.4 and applicable Law:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Citizens Republic Bancorp, Inc.), Agreement and Plan of Merger (Firstmerit Corp /Oh/), Agreement and Plan of Merger (American Physicians Capital Inc)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate effect the Merger is are subject to the satisfaction at or prior to the Effective Time of each of the following additional conditions, any or and all of which may be waived exclusively by the Company, in whole or in part, part by the Company to the extent permitted by applicable Law:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (William Lyon Homes), Agreement and Plan of Merger (Taylor Morrison Home Corp), Agreement and Plan of Merger (AV Homes, Inc.)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate effect the Merger is shall be subject to the satisfaction at or prior to the Effective Time of the following conditions, additional conditions (any or all of which may be waived waived, in writing, exclusively by the CompanyCompany (it being understood that each such condition is solely for the benefit of the Company and may be waived in writing without notice, in whole liability or in part, obligation to the extent permitted by applicable Law:any other Person)):
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Roku, Inc), Agreement and Plan of Merger (FireEye, Inc.), Agreement and Plan of Reorganization (GOOD TECHNOLOGY Corp)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger is shall be subject to the satisfaction at or prior to the Effective Time of each of the following conditions, any or all of which may be waived waived, in writing, exclusively by the Company, in whole or in part, to the extent permitted by applicable Law:
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Eastern Enterprises), Agreement and Plan of Reorganization (Energynorth Inc), Agreement and Plan of Merger (Kentex Petroleum Inc)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate effect the Merger is also subject to the satisfaction at or prior (or, to the Effective Time extent permissible, waiver) of the following conditions, any or all of which may be waived exclusively by the Company, in whole or in part, to the extent permitted by applicable Law:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Metropolitan Health Networks Inc), Agreement and Plan of Merger (Kindred Healthcare, Inc), Agreement and Plan of Merger (Rehabcare Group Inc)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate the Company Merger is subject to the satisfaction at or prior to the Company Merger Effective Time of the following conditions, any or all of which may be waived exclusively by the Company, in whole or in part, to the extent permitted by applicable Law:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Baytex Energy Corp.), Agreement and Plan of Merger (Ranger Oil Corp), Agreement and Plan of Merger (Ranger Oil Corp)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate the Merger is shall be subject to the satisfaction at or prior to the Effective Time of each of the following conditions, any or all of which may be waived exclusively waived, in 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 (Getty Images Inc), Agreement and Plan of Merger and Reorganization (Knot Inc)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate effect the Merger is and the other transactions contemplated herein are also subject to the satisfaction or waiver in writing (as permitted by applicable Law), at or prior to the Effective Time Time, of each of the following conditions, any or all of which may be waived exclusively 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 (Physicians Formula Holdings, Inc.), Agreement and Plan of Merger (Physicians Formula Holdings, Inc.)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate effect the Merger is subject to the satisfaction at or prior to the Effective Time of each of the following conditionsconditions as of the Effective Time, any or all of which may be waived waived, in writing, exclusively 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 (Electro Rent Corp), Agreement and Plan of Merger (Electro Rent Corp)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate effect the Merger is and the other transactions contemplated hereby shall be subject to the satisfaction at or prior to the Effective Time of the following conditions, any or all of which may be waived exclusively 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 (Natco Group Inc), Agreement and Plan of Merger (Natco Group Inc)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate effect the Merger is subject to the satisfaction of each of the following conditions at or prior to the Effective Time of the following conditionsTime, any or all of which may be waived waived, in writing, exclusively 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 (Mateon Therapeutics Inc), Agreement and Plan of Merger (National Technical Systems Inc /Ca/)
Additional Conditions to Obligations of the Company. The obligation --------------------------------------------------- obligations of the Company to consummate effect the Merger is and the other transactions contemplated hereby shall be subject to the satisfaction at or prior to the Effective Time of the following conditions, any or all of which may be waived exclusively 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 (Numar Corp), Agreement and Plan of Merger (Halliburton Co)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate effect the Merger is are subject to the satisfaction at or prior to the Effective Time of the following conditions, any or all of which may be waived exclusively 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 (BMC Software Inc), Agreement and Plan of Merger (Marimba Inc)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate effect the Merger is also subject to the satisfaction at or prior to the Effective Time of the following conditions, any or and all of which may be waived exclusively in writing by the Company, in whole or in part, to the extent permitted by the applicable Law:
Appears in 2 contracts
Samples: Recapitalization Agreement (Neff Finance Corp.), Agreement and Plan of Merger (Neff Rental LLC)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate effect the Merger and the other transactions contemplated in this Agreement is also subject to the satisfaction at or prior to the Effective Time of the following conditions, any or all of which may be waived exclusively by the Companywaived, in whole or in part, to the extent permitted by applicable Law:;
Appears in 2 contracts
Samples: Agreement and Plan of Merger (State Financial Services Corp), Agreement and Plan of Merger (White David Inc)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate the Merger is shall be subject to the satisfaction at or prior to the Effective Time of the following conditions, any or all of which may be waived exclusively by the Company, in whole or in part, waiver (to the extent permitted by applicable Law) in writing by the Company, as of the Closing, of each of the following additional conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Roivant Sciences Ltd.), Agreement and Plan of Merger (Organon & Co.)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate effect the Merger is and the other transactions contemplated herein are also subject to the satisfaction satisfaction, at or prior to the Effective Time Time, of the following conditions, any or all of which may be waived exclusively 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 (Insituform Technologies Inc), Agreement and Plan of Merger (Clubcorp Inc)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate effect the Merger is subject to the satisfaction at or prior to the Effective Time of each of the following conditions, any or all of which may be waived waived, in writing, exclusively 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 (ReWalk Robotics Ltd.), Agreement and Plan of Merger (Ambarella Inc)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate effect the Merger is subject to the satisfaction at or of each of the following conditions prior to the Effective Time of the following conditionsTime, any or all of which may be waived in writing exclusively 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 (Oec Compression Corp), Agreement and Plan of Merger (Hanover Compressor Co /)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate effect the Merger is Mergers are also subject to the satisfaction at or prior to the Effective Time of the following conditions, any or all of which may be waived exclusively by the Companywaived, in whole or in part, to the extent permitted by Section 7.4 and applicable Law:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Willbros Group, Inc.\NEW\)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate effect the Merger is also subject to the satisfaction at or prior to the Effective Time of the following conditions, any or and all of which may be waived exclusively (to the extent permitted by law) in writing by the Company, in whole or in part, to the extent permitted by the applicable Lawlaw:
Appears in 1 contract
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate effect the Merger is are subject to the satisfaction at or prior to the Effective Time of each of the following additional conditions, any or and all of which may be waived exclusively by the Company, in whole or in part, part by the Company to the extent permitted by applicable Law:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Ascena Retail Group, Inc.)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate effect the Merger is also subject to the satisfaction at or prior to the Effective Time fulfillment of the following conditions, conditions (any or and all of which may be waived exclusively by the Company, in whole or in part, part by the Company to the extent permitted by applicable Law:Legal Requirements (whether before or after the Company's stockholders shall have approved the Merger)):
Appears in 1 contract
Samples: Agreement and Plan of Merger (Foamex International Inc)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate the Merger Transactions is subject to the satisfaction at or prior to the Merger Effective Time of the following conditions, any or all of which may be waived exclusively by the Company, in whole or in part, to the extent permitted by applicable Law:
Appears in 1 contract
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate effect the Merger and the other transactions contemplated in this Agreement is also subject to the satisfaction at or prior to the Effective Time of the following conditions, any or all of which may be waived exclusively by the Companywaived, in whole or in part, to the extent permitted by applicable Law:; (a)
Appears in 1 contract
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate effect the Merger is are subject to the satisfaction at or prior to the Effective Time of the following conditions, any or all of which may be waived exclusively by the Companywaived, in whole or in part, to the extent permitted by Section 8.17 and applicable Law:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Fpic Insurance Group Inc)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate and effect the Merger is shall be subject to the satisfaction at or prior to the Effective Time Date of each of the following conditions, any or all of which may be waived waived, in writing, exclusively by the Company, in whole or in part, to the extent permitted by applicable Law:
Appears in 1 contract
Samples: Agreement and Plan (TechAlt, Inc.)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate effect the Merger is further subject to the satisfaction of the following conditions, any one or more of which may be waived (where permissible pursuant to applicable Law) by the Company at or prior to the Effective Time of the following conditions, any or all of which may be waived exclusively by the Company, in whole or in part, to the extent permitted by applicable LawTime:
Appears in 1 contract
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger is and the other transactions contemplated hereby shall be subject to the satisfaction at or prior to the Effective Time of each of the following conditions, any or all of which may be waived exclusively to the extent permissible by applicable Legal Requirements, in writing, by the Company, in whole or in part, to the extent permitted by applicable Law:
Appears in 1 contract
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate the Merger is shall be subject to the satisfaction at or prior to the Effective Time of each of the following conditions, any or all of which may be waived exclusively by the Company, in whole or in part, to the extent permitted by applicable Law, in writing, by the Company:
Appears in 1 contract
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate effect the Merger is also subject to the satisfaction at or prior (or, to the Effective Time extent legally permissible, waiver) of the following conditions, any or all of which may be waived exclusively by the Company, in whole or in part, to the extent permitted by applicable Law:
Appears in 1 contract
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate effect the Merger is and the other transactions contemplated in this Agreement are subject to the satisfaction at or prior to the Effective Time of each of the following conditions, any or all each of which may be waived exclusively by the Companywaived, in whole or in part, to the extent permitted by applicable Law, by the Company:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Hanger Orthopedic Group Inc)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate effect the Merger is also subject to the satisfaction at or prior to the Effective Time fulfillment of the following conditions, conditions (any or and all of which may be waived exclusively by the Company, in whole or in part, part by the Company to the extent permitted by applicable Law:Legal Requirements(whether before or after the Company's stockholders shall have approved the Merger)):
Appears in 1 contract
Samples: Agreement and Plan of Merger (Trace International Holdings Inc)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate the Merger is shall be subject to the satisfaction at or prior to the Effective Time of each of the following conditions, any or all of which may be waived exclusively waived, in writing, by the Company, in whole or in part, to the extent permitted by applicable Law:: Agreement and Plan of Merger
Appears in 1 contract
Samples: Agreement and Plan of Merger (Mobile Reach International Inc)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate effect the Merger is also subject to the satisfaction at or prior to the Effective Time of the following conditions, any or and all of which may be waived exclusively in writing by the Company, in whole or in part, to the extent permitted by applicable the Law:
Appears in 1 contract
