CERTAIN CONDITIONS TO THE OBLIGATIONS OF APPLE. The obligations of Apple with respect to actions to be taken at or before the Closing are subject to the satisfaction on or before the date of the Closing, or waiver by them pursuant to Section 11.05, of the following conditions: (i) the Company shall have delivered to Apple copies of the articles of incorporation, each as amended to the date of the Closing and certified by the Secretary of State of the State of California as of a Current Date, of the Company and each Company Subsidiary; and (ii) all the conditions set forth in Sections 7.02(a) and 7.04(a). The obligations of Apple with respect to the actions to be taken on the IPO Closing Date are subject to the satisfaction on that date of the following conditions: (i) the Stockholder Employment Agreement and the Service Agreement in substantially the form attached hereto as Exhibit 7.01(d), then shall be in full force and effect; and (ii) all the conditions set forth in Sections 7.02(b) and 7.04(b).
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (Apple Orthodontix Inc), Agreement and Plan of Reorganization (Apple Orthodontix Inc), Agreement and Plan of Reorganization (Apple Orthodontix Inc)
CERTAIN CONDITIONS TO THE OBLIGATIONS OF APPLE. The obligations of Apple with respect to actions to be taken at or before the Closing are subject to the satisfaction on or before the date of the Closing, or waiver by them pursuant to Section 11.05, of the following conditions: (i) the Company shall have delivered to Apple copies of the articles of incorporation, each as amended to the date of the Closing and certified by the Secretary of State of the State of California Texas as of a Current Date, of the Company and each Company Subsidiary; and (ii) all the conditions set forth in Sections 7.02(a) and 7.04(a). The obligations of Apple with respect to the actions to be taken on the IPO Closing Date are subject to the satisfaction on that date of the following conditions: (i) the Stockholder Employment Agreement and the Service Agreement in substantially the form attached hereto as Exhibit 7.01(d), then shall be in full force and effect; and (ii) all the conditions set forth in Sections 7.02(b) and 7.04(b).
Appears in 3 contracts
Samples: Merger Agreement (Apple Orthodontix Inc), Agreement and Plan of Reorganization (Apple Orthodontix Inc), Merger Agreement (Apple Orthodontix Inc)
CERTAIN CONDITIONS TO THE OBLIGATIONS OF APPLE. The obligations of Apple with respect to actions to be taken at or before the Closing are subject to the satisfaction on or before the date of the Closing, or waiver by them pursuant to Section 11.05, of the following conditions: (i) the Company shall have delivered to Apple copies of the articles of incorporation, each as amended to the date of the Closing and certified by the Secretary of State of the State of California _______________ as of a Current Date, of the Company and each Company Subsidiary; and (ii) all the conditions set forth in Sections 7.02(a) and 7.04(a). The obligations of Apple with respect to the actions to be taken on the IPO Closing Date are subject to the satisfaction on that date of the following conditions: (i) the Stockholder Employment Agreement and the Service Agreement in substantially the form attached hereto as Exhibit 7.01(d), then shall be in full force and effect; and (ii) all the conditions set forth in Sections 7.02(b) and 7.04(b).
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Apple Orthodontix Inc), Merger Agreement (Apple Orthodontix Inc)
CERTAIN CONDITIONS TO THE OBLIGATIONS OF APPLE. The obligations of Apple with respect to actions to be taken at or before the Closing are subject to the satisfaction on or before the date of the Closing, or waiver by them pursuant to Section 11.05, of the following conditions: (i) the Company shall have delivered to Apple copies of the articles of incorporation, each as amended to the date of the Closing and certified by the Secretary of State of the State of California Arizona as of a Current Date, of the Company and each Company Subsidiary; and (ii) all the conditions set forth in Sections 7.02(a) and 7.04(a). The obligations of Apple with respect to the actions to be taken on the IPO Closing Date are subject to the satisfaction on that date of the following conditions: (i) the Stockholder Employment Agreement and the Service Agreement in substantially the form attached hereto as Exhibit 7.01(d), then shall be in full force and effect; and (ii) all the conditions set forth in Sections 7.02(b) and 7.04(b).
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Apple Orthodontix Inc), Agreement and Plan of Reorganization (Apple Orthodontix Inc)
CERTAIN CONDITIONS TO THE OBLIGATIONS OF APPLE. The obligations of Apple with respect to actions to be taken at or before the Closing are subject to the satisfaction on or before the date of the Closing, or waiver by them pursuant to Section 11.05, of the following conditions: (i) the Company shall have delivered to Apple copies of the articles of incorporation, each as amended to the date of the Closing and certified by the Secretary of State of the State of California Pennsylvania as of a Current Date, of the Company and each Company Subsidiary; and (ii) all the conditions set forth in Sections 7.02(a) and 7.04(a). The obligations of Apple with respect to the actions to be taken on the IPO Closing Date are subject to the satisfaction on that date of the following conditions: (i) the Stockholder Employment Agreement and the Service Agreement in substantially the form attached hereto as Exhibit 7.01(d), then shall be in full force and effect; and (ii) all the conditions set forth in Sections 7.02(b) and 7.04(b).
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Apple Orthodontix Inc), Merger Agreement (Apple Orthodontix Inc)
CERTAIN CONDITIONS TO THE OBLIGATIONS OF APPLE. The obligations of Apple with respect to actions to be taken at or before the Closing are subject to the satisfaction on or before the date of the Closing, or waiver by them pursuant to Section 11.05, of the following conditions: (i) the Company shall have delivered to Apple copies of the articles of incorporation, each as amended to the date of the Closing and certified by the Secretary of State of the State of California Virginia as of a Current Date, of the Company and each Company Subsidiary; and (ii) all the conditions set forth in Sections 7.02(a) and 7.04(a). The obligations of Apple with respect to the actions to be taken on the IPO Closing Date are subject to the satisfaction on that date of the following conditions: (i) the Stockholder Employment Agreement and the Service Agreement in substantially the form attached hereto as Exhibit 7.01(d), then shall be in full force and effect; and (ii) all the conditions set forth in Sections 7.02(b) and 7.04(b).
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Apple Orthodontix Inc)
CERTAIN CONDITIONS TO THE OBLIGATIONS OF APPLE. The obligations of Apple with respect to actions to be taken at or before the Closing are subject to the satisfaction on or before the date of the Closing, or waiver by them pursuant to Section 11.05, of the following conditions: (i) the Company shall have delivered to Apple copies of the articles of incorporation, each as amended to the date of the Closing and certified by the Secretary of State of the State of California Utah as of a Current Date, of the Company and each Company Subsidiary; and (ii) all the conditions set forth in Sections 7.02(a) and 7.04(a). The obligations of Apple with respect to the actions to be taken on the IPO Closing Date are subject to the satisfaction on that date of the following conditions: (i) the Stockholder Employment Agreement and the Service Agreement in substantially the form attached hereto as Exhibit 7.01(d), then shall be in full force and effect; and (ii) all the conditions set forth in Sections 7.02(b) and 7.04(b).
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Apple Orthodontix Inc)
CERTAIN CONDITIONS TO THE OBLIGATIONS OF APPLE. The obligations of Apple with respect to actions to be taken at or before the Closing are subject to the satisfaction on or before the date of the Closing, or waiver by them pursuant to Section 11.05, of the following conditions: (i) the Company shall have delivered to Apple copies of the articles of incorporation, each as amended to the date of the Closing and certified by the Secretary of State of the State of California Illinois as of a Current Date, of the Company and each Company Subsidiary; and (ii) all the conditions set forth in Sections 7.02(a) and 7.04(a). The obligations of Apple with respect to the actions to be taken on the IPO Closing Date are subject to the satisfaction on that date of the following conditions: (i) the Stockholder Employment Agreement and the Service Agreement in substantially the form attached hereto as Exhibit 7.01(d), then shall be in full force and effect; and (ii) all the conditions set forth in Sections 7.02(b) and 7.04(b).
Appears in 1 contract