CONDITIONS TO OBLIGATION OF PARENT AND PURCHASER TO EFFECT THE MERGER. The obligation of Parent and Purchaser to effect the Merger will be subject to the fulfillment at or prior to the Closing Date (or such other date as may be specified below) of the additional condition that the Company shall have performed in all material respects its agreements contained in this Agreement required to be performed on or prior to the Closing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Adflex Solutions Inc), Agreement and Plan of Merger (Innovex Inc)
CONDITIONS TO OBLIGATION OF PARENT AND PURCHASER TO EFFECT THE MERGER. The obligation of Parent and Purchaser to effect the Merger will be subject to the fulfillment at or prior to the Closing Date (or such other date as may be specified below) of the additional condition that the Company shall have performed in all material respects its agreements covenants contained in Section 1.4(a) of this Agreement required to be performed on or prior to the Closing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Fingerhut Companies Inc), Agreement and Plan of Merger (Federated Department Stores Inc /De/)