Closing of Mergers. All conditions precedent to the consummation of the Mergers set forth in the Merger Agreement shall have been satisfied or waived by the party entitled to the benefit thereof, and the Mergers shall become effective concurrently with the Closing.
Closing of Mergers. The closing of the Mergers (the "Closing") will take place at 10:00 a.m., local time on the date to be specified by the parties, which (subject to satisfaction or waiver of the conditions set forth in Article 6) shall be no later than the third business day after satisfaction or waiver of the conditions set forth in Section 6.1(a) (the "Closing Date"), at the offices of Winston & Xxxxxx, 00 Xxxx Xxxxxx Xxxxx, Chicago, Illinois 60601, unless another date or place is agreed to in writing by the parties.
Closing of Mergers. The Company represents and warrants to the Stockholder that until the Mergers are consummated, there are material conditions to the consummation of the Mergers, and that the Company covenants and agrees with the Stockholder that the consummation of the Mergers will in no event occur prior to December 28, 2012.
Closing of Mergers. Both of the Mergers shall have been completed and each Merger Effective Time shall have occurred prior to the Closing.
Closing of Mergers. 36 SECTION 9 CONDITIONS PRECEDENT FOR XXXX, PURCHASER AND LICENSEE 36
Closing of Mergers. The transactions contemplated by the KWTX Merger Agreement and the KBTX Merger Agreement shall have been consummated.
Closing of Mergers. (a) Prior to or contemporaneously with the first Loan hereunder, Borrower shall have consummated either the DLB Merger or the Hugoton Merger. Prior to the funding of any Loan to refinance indebtedness in connection with either of the Mergers, (i) such Merger shall have been consummated, in form and substance satisfactory to Agent, (ii) after giving effect to such Merger, all representations and warranties made by any Restricted Person in any Loan Document shall be true (including, but not limited to, the contemporaneous payment and release of any Liens and Indebtedness not permitted by Sections 7.1 or 7.2), and (iii) Agent shall have received all documents and instruments which Agent has then requested, including, but not limited to, supplements or restatements of the opinions and certificates set forth in Section 4.1. Each Restricted Person hereby acknowledges and agrees that each Restricted Person shall be deemed to have executed and delivered each Loan Document as set forth in Section 4.1 above, including without limitation each guaranty, immediately prior to or simultaneously with the making of the Loans hereunder.
(b) If the DLB Merger shall occur prior to the Hugoton Merger and the existing indebtedness of DLB exceeds the Borrowing Base, prior to or contemporaneously with the consummation of the DLB Merger, Borrower shall have received a cash equity contribution from Parent in the amount of such excess and shall have applied such contribution to such existing indebtedness of DLB.
