Completion of Other Transactions. Each of the transactions contemplated by this Agreement, the other Acquisition Agreements and the Unification Agreement shall have been consummated contemporaneously.
Completion of Other Transactions. The transactions contemplated by the Acquisition Agreements other than this Agreement shall have been consummated.
Completion of Other Transactions. Simultaneously with or prior to -------------------------------- the issuance and sale by the Company of the Units to be purchased by the Purchaser at the Closing:
(i) the Company and the Purchaser shall have duly entered into the Registration Rights Agreement substantially in the form of Exhibit C --------- hereto, the Company shall have received fully-executed counterparts of the Registration Rights Agreement in such numbers reasonably requested by it, such agreement shall be in full force and effect;
(ii) the Company and the Purchaser shall have duly entered into the Warrant Agreement substantially in the form of Exhibit D hereto, the --------- Company shall have received fully-executed counterparts of the Warrant Agreement, such agreement shall be in full force and effect; and
(iii) each of the other Transaction Documents and any other agreements and documents contemplated thereby and in connection therewith shall have been executed and delivered by all respective parties thereto and shall be in full force and effect.
Completion of Other Transactions. Simultaneously with or prior to the sale to each Purchaser of the Securities to be purchased by such Purchaser:
(a) The Company shall have executed and delivered the Acquisition Agreements and shall have consummated the transactions contemplated thereby to be consummated on or prior to the Closing Date (including, without limitation, the Pacific Acquisition and the PCI Acquisition), without amendment, modification or waiver of any material condition.
(b) The Company and each Person a party thereto shall have executed and delivered the Registration Rights Agreement and the Warrant Agreement and shall have consummated the transactions contemplated thereby to be consummated on or prior to the Closing Date in accordance with all applicable laws (including without limitation, the Securities Act, all applicable state securities laws and all related rules and regulations under such statutes and other laws).
(c) All of the other Purchasers listed in the signature pages hereof shall have consummated their purchase of Securities pursuant to this Agreement.
(d) The Company and the lenders party thereto shall have executed and delivered the Senior Credit Agreement; none of the parties to the Senior Credit Agreement shall be in breach of any of their respective material obligations thereunder and all of the conditions precedent to the transactions contemplated thereby shall have been duly satisfied without amendment, modification or waiver of any material condition; and the Company shall have not more than (a) $112,500,000 of Senior Term Debt and (b) $3,000,000 of Senior Revolver Debt.
(e) The Company shall have issued 1,000 shares of Common Stock to the Purchasers in the respective amounts set forth opposite each Purchaser's name on SCHEDULE 1.1 hereto.
Completion of Other Transactions. Simultaneously with or prior -------------------------------- to the sale to each Initial Investor of the Preferred Stock to be purchased by such Initial Investor:
(i) The Company shall have executed and delivered the Registration Rights Agreement.
(ii) The Company shall have executed and delivered the Stockholders' Agreement.
Completion of Other Transactions. Simultaneously with or prior to CKE's effectuation of the transactions to be effected by it at the Closing:
(a) The Registration Statement shall have become effective under the Securities Act, the Proxy Statement shall have been cleared by the staff of the SEC and no stop order or proceeding seeking stop orders shall have been issued with respect to the Registration Statement or the Proxy Statement.
(b) The Merger shall have been completed and the Certificate of Merger shall have been filed with the Secretary of State of the State of Delaware.
(c) This Agreement and the Merger shall have been approved and adopted by the holders of the Summit Common Stock and the Summit Preferred Stock pursuant in accordance with the Charter Documents of Summit.
(d) The CKE Common Stock shall have been approved for listing on the New York Stock Exchange, subject to official notice of issuance.
Completion of Other Transactions. Simultaneously with or prior to the issuance and sale by the Trust of the Preferred Securities to be purchased by the Purchasers at the Closing each of the other Transaction Documents and any other agreements and documents contemplated thereby and in connection therewith shall have been executed and delivered by all respective parties thereto and shall be in full force and effect.
Completion of Other Transactions. Simultaneously with or prior to the sale to each Investor of the Securities to be purchased by such Investor:
(i) The Company shall have executed and delivered the Warrant Agreement.
(ii) The Company, Xxxxx and each Investor shall have executed and delivered an Agreement to be Bound to the Registration Rights Agreements.
(iii) The Company, Xxxxx and each Investor shall have executed and delivered an Agreement to be Bound to the Stockholder Agreement.
(iv) All of the other Investors listed in the signature pages hereof shall have consummated their purchase of Securities pursuant to this Agreement.
(v) The Company and the Investors shall have executed and delivered the Warrant Award Agreement in substantially the form of Exhibit F hereto.
Completion of Other Transactions. Simultaneously with or prior to the sale to each Investor of the Securities to be purchased by such Investor:
(1) all of the other Investors listed in the signature pages hereof shall have consummated their purchase of Securities pursuant to this Agreement; and
(2) each of the Investors shall have executed and delivered the Stockholder Agreement.
Completion of Other Transactions. Representations and Warranties
