Common use of CONDITIONS TO CONSUMMATION OF THE Clause in Contracts

CONDITIONS TO CONSUMMATION OF THE. MERGER 72 6.1 Conditions to Obligations of Each Party Under This Agreement 72 6.2 Conditions to Obligations of Parent and Merger Sub 73 6.3 Conditions to Obligations of the Company 74 ARTICLE 7 TERMINATION, AMENDMENT AND WAIVER 75 7.1 Termination 75 7.2 Effect of Termination 77 7.3 Amendment 80 7.4 Waiver 80 ARTICLE 8 GENERAL PROVISIONS 80 8.1 Non-Survival of Representations and Warranties 80 8.2 Fees and Expenses 80 8.3 Notices 80 8.4 Certain Definitions 82 8.5 Terms Defined Elsewhere 94 8.6 Headings 98 8.7 Severability 98 8.8 Entire Agreement 99 8.9 Parties in Interest 99 8.10 Assignment 99 8.11 Mutual Drafting; Interpretation 99

CONDITIONS TO CONSUMMATION OF THE. MERGER 72 68 6.1 Conditions to Obligations of Each Party Under This Agreement 72 68 6.2 Conditions to Obligations of Parent and Merger Sub 73 68 6.3 Conditions to Obligations of the Company 74 69 ARTICLE 7 TERMINATION, AMENDMENT AND WAIVER 75 70 7.1 Termination 75 70 7.2 Effect of Termination 77 71 7.3 Amendment 80 74 7.4 Waiver 80 74 ARTICLE 8 GENERAL PROVISIONS 80 74 8.1 Non-Survival of Representations and Warranties 80 74 8.2 Fees and Expenses 80 75 8.3 Notices 80 75 8.4 Certain Definitions 82 76 8.5 Terms Defined Elsewhere 94 87 8.6 Headings 98 89 8.7 Severability 98 89 8.8 Entire Agreement 99 90 8.9 Parties in Interest 99 Interest; No Third-Party Beneficiaries 90 8.10 Assignment 99 90 8.11 Mutual Drafting; Interpretation 9990

CONDITIONS TO CONSUMMATION OF THE. MERGER 72 48 6.1 Conditions to Obligations of Each Party Under This Agreement 72 6.2 Conditions to Obligations of Parent and Merger Sub 73 6.3 Conditions to Obligations of the Company 74 48 ARTICLE 7 TERMINATION, AMENDMENT AND WAIVER 75 48 7.1 Termination 75 48 7.2 Effect of Termination 77 50 7.3 Amendment 80 51 7.4 Waiver 80 51 ARTICLE 8 GENERAL PROVISIONS 80 51 8.1 Non-Survival of Representations and Warranties 80 51 8.2 Fees and Expenses 80 51 8.3 Notices 80 51 8.4 Certain Definitions 82 52 8.5 Terms Defined Elsewhere 94 59 8.6 Headings 98 63 8.7 Severability 98 63 8.8 Entire Agreement 99 63 8.9 Assignment 63 8.10 Parties in Interest 99 8.10 Assignment 99 63 8.11 Mutual Drafting; Interpretation 9963

CONDITIONS TO CONSUMMATION OF THE. MERGER 72 40 6.1 Conditions to Obligations of Each Party Under This Agreement 72 40 6.2 Conditions to Obligations of Parent and Merger Sub 73 41 6.3 Conditions to Obligations of the Company 74 41 ARTICLE 7 TERMINATION, AMENDMENT AND WAIVER 75 42 7.1 Termination 75 42 7.2 Effect of Termination 77 43 7.3 Amendment 80 43 7.4 Waiver 80 44 ARTICLE 8 GENERAL PROVISIONS 80 44 8.1 Non-Survival of Representations and Warranties 80 44 8.2 Fees and Expenses 80 44 8.3 Notices 80 44 8.4 Certain Definitions 82 45 8.5 Terms Defined Elsewhere 94 51 8.6 Headings 98 54 8.7 Severability 98 54 TABLE OF CONTENTS (Continued) Page 8.8 Entire Agreement 99 54 8.9 Parties in Interest 99 No Third Party Beneficiaries 54 8.10 Assignment 99 54 8.11 Mutual Drafting; Interpretation 9954