CONDITIONS PRECEDENT TO OBLIGATIONS OF MARINEMAX AND NEWCO. The obligations of MARINEMAX and NEWCO with respect to actions to be taken on the Closing Date are subject to the satisfaction or waiver on or prior to the Closing Date of all of the conditions in this Section 9. As of the Closing Date, all conditions not satisfied shall be deemed to have been waived, except that no such waiver shall be deemed to affect the survival of the representations and warranties of COMPANY and the STOCKHOLDERS contained in Section 5 hereof.
Appears in 7 contracts
Samples: Agreement of Merger and Plan (Marinemax Inc), 6 Agreement and Plan of Organization (Marinemax Inc), 6 Agreement and Plan of Organization (Marinemax Inc)
CONDITIONS PRECEDENT TO OBLIGATIONS OF MARINEMAX AND NEWCO. The obligations of MARINEMAX and NEWCO with respect to actions to be taken on the Closing Date are subject to the satisfaction or waiver on or prior to the Closing Date of all of the conditions in this Section 9. As of the Closing Date, all conditions not satisfied shall be deemed to have been waived, except that no such waiver shall be deemed to affect the survival of the representations and warranties of COMPANY and the STOCKHOLDERS STOCKHOLDER contained in Section 5 hereof.
Appears in 1 contract
Samples: Agreement and Plan (Marinemax Inc)
CONDITIONS PRECEDENT TO OBLIGATIONS OF MARINEMAX AND NEWCO. The obligations of MARINEMAX and NEWCO with respect to actions to be taken on the Closing Date are subject to the satisfaction or waiver on or prior to the Closing Date of all of the conditions in this Section 9. As of the Closing Date, all conditions not satisfied shall be deemed to have been waived, except that no such waiver shall be deemed to affect the survival 31 37 of the representations and warranties of COMPANY and the STOCKHOLDERS contained in Section 5 hereof.
Appears in 1 contract
Samples: Agreement of Merger (Marinemax Inc)
