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: Business Combination Agreement, Merger Agreement (GRIID Infrastructure Inc.), Merger Agreement (Q Power LLC)
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: Merger Agreement (Bright Mountain Media, Inc.), Agreement and Plan of Merger (GigOptix, Inc.), Merger Agreement (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 (Evofem Biosciences, Inc.), Agreement and Plan of Merger (Aditxt, Inc.), Merger Agreement (Evofem Biosciences, 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 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: Merger Agreement (One2one Living Corp), Merger Agreement (North American Oil & Gas Corp.), Merger Agreement (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: Merger Agreement (Dakota Telecommunications Group Inc), Merger Agreement (Texas Utilities Co /Tx/), Merger Agreement (McLeodusa 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: Merger Agreement (Document Security Systems Inc), Merger Agreement (Vringo Inc), Merger Agreement (Alphatec 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 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: Merger Agreement (Xenogen Corp), Agreement and Plan of Merger (Xenogen Corp), Merger Agreement (Vaxgen 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: Merger Agreement (Clean Harbors Inc), Merger Agreement (America Online Inc), Merger Agreement (Barksdale James L)
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: Merger Agreement (Varco International Inc /De/), Merger Agreement (Grant Prideco Inc), Merger Agreement (National Oilwell Varco 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 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: Merger Agreement (Orchid Biosciences Inc), Merger Agreement (Qiagen Nv), Merger Agreement (Qiagen Nv)
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 Closing Date of the following conditions, any or all of which may be waived exclusively by the Company, Company in whole or in part, part to the extent permitted by applicable Lawlaw:
Appears in 5 contracts
Samples: Merger Agreement (Huntsman CORP), Merger Agreement (Hexion Specialty Chemicals, Inc.), Merger Agreement (Huntsman International LLC)
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), Merger Agreement (Taylor Morrison Home Corp), Agreement and Plan of Merger (Taylor Morrison Home Corp)
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: Merger Agreement (Roku, Inc), Merger Agreement (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 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: Merger Agreement (Citizens Republic Bancorp, Inc.), Merger Agreement (Firstmerit Corp /Oh/), Merger Agreement (American Physicians Capital 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 in writing 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 3 contracts
Samples: Merger Agreement (Medical Properties Trust Inc), Merger Agreement (Smith a O Corp), Merger Agreement (Smith Investment Co)
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: Merger Agreement (Eastern Enterprises), Merger Agreement (Energynorth Inc), Merger Agreement (Kentex Petroleum Inc)
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 Closing Date 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: Merger Agreement (Energy XXI Gulf Coast, Inc.), Merger Agreement (Energy Xxi (Bermuda) LTD), Merger Agreement (Epl Oil & Gas, 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: Merger Agreement (Metropolitan Health Networks Inc), Merger Agreement (Rehabcare Group Inc), Merger Agreement (Kindred Healthcare, 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 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 3 contracts
Samples: Merger Agreement (Jamdat Mobile Inc), Merger Agreement (Dgse Companies Inc), Merger Agreement (Superior Galleries 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: Merger Agreement (Baytex Energy Corp.), Merger Agreement (Ranger Oil Corp), Merger Agreement (Ranger Oil Corp)
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: Merger Agreement (Mateon Therapeutics Inc), Merger Agreement (National Technical Systems Inc /Ca/)
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.), Merger Agreement (Neff Rental LLC)
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), Merger Agreement (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 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), Merger Agreement (Electro Rent 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 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 (Organon & Co.), Agreement and Plan of Merger (Roivant Sciences Ltd.)
Additional Conditions to Obligations of the Company. The obligation of the Company to consummate the Merger Mergers is subject to the satisfaction at on or prior to the Effective Time Closing Date 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: Merger Agreement (Ritchie Bros Auctioneers Inc), Merger Agreement (IAA, 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 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: Merger Agreement (Insituform Technologies Inc), Merger Agreement (Clubcorp 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: Merger Agreement (Physicians Formula Holdings, Inc.), Merger Agreement (Physicians Formula Holdings, 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 Company, in whole or in part, to the extent permitted by applicable Law:
Appears in 2 contracts
Samples: Merger Agreement (Marimba Inc), Merger Agreement (BMC Software 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: Merger Agreement (Hanover Compressor Co /), Merger Agreement (Oec Compression 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: Merger Agreement (Getty Images Inc), Merger Agreement (Knot Inc)
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: Merger Agreement (White David Inc), Merger Agreement (State Financial Services Corp)
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: Merger Agreement (ReWalk Robotics Ltd.), Merger Agreement (Ambarella 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 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: Merger Agreement (Numar Corp), Merger Agreement (Halliburton Co)
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 CompanyCompany (acting on the recommendation of the Special Committee), 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
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
Samples: Merger Agreement (DCP Holding CO)
Additional Conditions to Obligations of the Company. The obligation obligations of the Company to consummate the Merger is are also subject to the satisfaction at or prior to the Effective Time of the following conditions, any or all one 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 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:: (a)
Appears in 1 contract
Samples: Merger Agreement (American Electric Power Company 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 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
Samples: Merger Agreement (Colt Defense LLC)
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 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 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 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
Samples: Merger Agreement (eGENE, 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 by the Company, in whole or in part, to the extent permitted by applicable Law, in writing, by the Company:
Appears in 1 contract
Samples: Merger Agreement (AOL 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 of Reorganization (TechAlt, 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
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: Merger Agreement (Trace International Holdings 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 Closing Date of the following conditions, any or all of which may be waived exclusively by the Company, Company in whole or in part, 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 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
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
