Common use of CONDITIONS PRECEDENT TO PERFORMANCE BY THE COMPANY Clause in Contracts

CONDITIONS PRECEDENT TO PERFORMANCE BY THE COMPANY. The obligations of the Company to consummate the transactions contemplated by this Agreement are subject to the fulfillment, at or before the Closing Date, of the following conditions, any one or more of which may be waived by the Company in its sole discretion:

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Broadview Networks Holdings Inc), Iv Agreement and Plan of Merger (Ev3 Inc.), Agreement and Plan of Merger (Mueller Industries Inc)

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CONDITIONS PRECEDENT TO PERFORMANCE BY THE COMPANY. The obligations of the Company to consummate the transactions contemplated by this Agreement are subject to the fulfillment, at or before the Closing Date, of the following conditions, any one or more of which may be waived by the Company in writing in its sole discretion:

Appears in 1 contract

Samples: Agreement and Plan of Merger (Level 3 Communications Inc)

CONDITIONS PRECEDENT TO PERFORMANCE BY THE COMPANY. The obligations of the Company to consummate the transactions Transactions contemplated by this Agreement are subject to the fulfillment, at or before the Closing Date, of the following conditions, any one or more of which may be waived by the Company in its sole discretion:

Appears in 1 contract

Samples: Agreement and Plan of Merger (National Patent Development Corp)

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CONDITIONS PRECEDENT TO PERFORMANCE BY THE COMPANY. The obligations of the Company to consummate the transactions contemplated by this Agreement are subject to the fulfillmentsatisfaction, at on or before the Closing Date, of the following conditions, any one or more of which may be waived by the Company in its sole discretion:

Appears in 1 contract

Samples: Stock Purchase Agreement (Terra Industries Inc)

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