Common use of Conditions to Obligation of Parent and Sub to Effect the Merger Clause in Contracts

Conditions to Obligation of Parent and Sub to Effect the Merger. The obligation of Parent and Sub to effect the Merger is further subject to the fulfillment, at or prior to the Closing, of each of the following additional conditions (all or any of which may be waived in whole or in part by Parent and Sub in their sole discretion):

Appears in 16 contracts

Samples: Agreement and Plan of Merger (Garden Fresh Restaurant Corp /De/), Agreement and Plan of Merger (Fairpoint Communications Inc), Agreement and Plan of Merger (Wachovia Corp New)

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Conditions to Obligation of Parent and Sub to Effect the Merger. The obligation of Parent and Sub to effect consummate the Merger is further subject to the fulfillment, satisfaction or waiver (to the extent permitted by applicable law) at or prior to the Closing, Effective Time of each of the following additional conditions (all or any of which may be waived in whole or in part by Parent and Sub in their sole discretion):conditions:

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Carters Inc), Agreement and Plan of Merger (Oshkosh B Gosh Inc)

Conditions to Obligation of Parent and Sub to Effect the Merger. The obligation of Parent and Sub to effect the Merger is further shall be subject to the fulfillment, fulfillment at or prior to the Closing, of each Effective Time of the additional following additional conditions (all or any of which may be conditions, unless waived in whole or in part by Parent and Sub in their sole discretion):Parent:

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Pentair Inc), Agreement and Plan of Merger (Essef Corp)

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Conditions to Obligation of Parent and Sub to Effect the Merger. The obligation obligations of Parent and Sub to effect the Merger is further are subject to the fulfillment, at satisfaction (or prior to the Closing, of each waiver by Parent in its sole discretion) of the following additional conditions (all or any of which may be waived in whole or in part by Parent and Sub in their sole discretion):further conditions:

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ariba Inc)

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