Closing Date Merger Agreement. As of the Original Closing Date, the Borrower has delivered to Agent a complete and correct copy of the Closing Date Merger Agreement (including all schedules, exhibits, amendments, supplements, modifications, assignments and all other material documents delivered pursuant thereto or in connection therewith). No Credit Party is in default in the performance or compliance with any material provisions thereof. The Closing Date Merger Agreement complies in all material respects with, and the Closing Date Merger has been consummated in all material respects in accordance with, all applicable Requirements of Law. The Closing Date Merger Agreement is in full force and effect as of the Original Closing Date and has not been terminated, rescinded or withdrawn.
Appears in 4 contracts
Samples: Forbearance Agreement and First Amendment to Amended and Restated Credit Agreement (Spinal Elements Holdings, Inc.), Credit Agreement (Spinal Elements Holdings, Inc.), Credit Agreement (Spinal Elements Holdings, Inc.)
Closing Date Merger Agreement. As of the Original Closing Date, the Borrower Issuer has delivered to Agent and the Purchasers a complete and correct copy of the Closing Date Merger Agreement (including all schedules, exhibits, amendments, supplements, modifications, assignments and all other material documents delivered pursuant thereto or in connection therewith). No Credit Party is in default in the performance or compliance with any material provisions thereof. The Closing Date Merger Agreement complies in all material respects with, and the Closing Date Merger has been consummated in all material respects in accordance with, all applicable Requirements of Law. The Closing Date Merger Agreement is in full force and effect as of the Original Closing Date and has not been terminated, rescinded or withdrawn.
Appears in 2 contracts
Samples: Second Lien Note Purchase Agreement (Spinal Elements Holdings, Inc.), Second Lien Note Purchase Agreement (Spinal Elements Holdings, Inc.)
