Common use of CONDITIONS PRECEDENT TO OBLIGATIONS OF STOCKHOLDERS AND COMPANY Clause in Contracts

CONDITIONS PRECEDENT TO OBLIGATIONS OF STOCKHOLDERS AND COMPANY. The obligations of the Stockholders and the Company 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 following conditions. As of the Closing Date, if any such applicable conditions have not been satisfied, any one or more of the Stockholders who would be entitled to receive a majority of the Aggregate Consideration (as defined herein) received by all Stockholders if the transactions contemplated hereby were consummated shall have the right to waive any condition not so satisfied. Any act or action of the Stockholders in consummating the Closing or delivering the certificates representing Company Stock as of the Closing Date shall constitute a waiver of any conditions not so satisfied. However, no such waiver shall be deemed to affect the survival of the representations and warranties of AmPaM contained in Section 6 hereof.

Appears in 7 contracts

Samples: Acquisition Agreement (Miller Mechanical Contractors Inc), Acquisition Agreement (Miller Mechanical Contractors Inc), Acquisition Agreement (Miller Mechanical Contractors Inc)

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CONDITIONS PRECEDENT TO OBLIGATIONS OF STOCKHOLDERS AND COMPANY. The obligations of the Stockholders and the Company 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 following conditions. As of the Closing Date, if any such applicable conditions have not been satisfied, any one or more of the Stockholders who would be entitled to receive a majority of the Aggregate Consideration (as defined herein) received by all the Stockholders if the transactions contemplated hereby were consummated shall have the right to waive any condition not so satisfied. Any act or action of the Stockholders in consummating the Closing or delivering the certificates representing Company Stock as of the Closing Date shall constitute a waiver of any conditions not so satisfied. However, no such waiver shall be deemed to affect the survival of the representations and warranties of AmPaM contained in Section 6 hereof.

Appears in 2 contracts

Samples: Acquisition Agreement (Miller Mechanical Contractors Inc), Acquisition Agreement (Miller Mechanical Contractors Inc)

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CONDITIONS PRECEDENT TO OBLIGATIONS OF STOCKHOLDERS AND COMPANY. The obligations of the Stockholders and the Company 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 following conditions. As of the Closing Date, if any such applicable conditions have not been satisfied, any one or more of the Stockholders who would be entitled to receive a majority of the Aggregate Consideration (as defined herein) received by all Stockholders specified in Section I of Annex I to this Agreement if the transactions contemplated hereby were consummated shall have the right to waive any condition not so satisfied. Any act or action of the Stockholders in consummating the Closing or delivering the certificates representing Company Stock as of the Closing Date shall constitute a waiver of any conditions not so satisfied. However, no such waiver shall be deemed to affect the survival of the representations and warranties of AmPaM contained in Section 6 hereof.

Appears in 1 contract

Samples: Acquisition Agreement (Miller Mechanical Contractors Inc)

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