Conditions to Obligation of Company to Effect the Merger. The obligation of Company to effect the Merger shall be subject to the satisfaction at or prior to the Effective Time of the following additional condition: (a) Each of Parent and Sub shall have performed in all material respects its obligations under this Agreement required to be performed by it at or prior to the Effective Time and the representations and warranties of Parent and Sub contained in this Agreement shall be true and correct in all material respects at and as of the Effective Time as if made at and as of such time, except as contemplated by this Agreement, and Company shall have received a certificate of the Chairman of the Board, the Chief Executive Officer, the President or an Executive Vice President of Parent as to the satisfaction of this condition.
Appears in 5 contracts
Samples: Merger Agreement (Transitional Hospitals Corp), Merger Agreement (Vencor Inc), Merger Agreement (Transitional Hospitals Corp)
