Conditions to Obligation of Parent to Effect the Merger. The obligation of Parent and Merger Sub to effect the Merger shall be further subject to the satisfaction, on or prior to the Closing Date, of the following conditions except as may be waived by Parent and Merger Sub in writing pursuant to Section 9.5: (a) Performance of Obligations of the Company. The Company (and/or its appropriate subsidiaries) shall have performed in all material respects its agreements and covenants contained in or contemplated by this Agreement to be performed by it at or prior to the Effective Time.
Appears in 3 contracts
Samples: Merger Agreement (Lyonnaise American Holding Inc Et Al), Merger Agreement (United Water Resources Inc), Merger Agreement (United Water Resources Inc)
Conditions to Obligation of Parent to Effect the Merger. The obligation of Parent and Merger Sub to effect the Merger shall be further subject to the satisfaction, on or prior to the Closing Date, of the following conditions conditions, except as may be waived by Parent and Merger Sub in writing pursuant to Section 9.5:
(a) Performance of Obligations of the Company. The Company (and/or and its appropriate subsidiaries) shall have performed in all material respects its agreements and covenants contained in Sections 6.1 and 6.2 and shall have performed in all material respects its other agreements and covenants contained in or contemplated by this Agreement to be performed by it at or prior to the Effective Time.
Appears in 3 contracts
Samples: Merger Agreement (Energy East Corp), Merger Agreement (Energy East Corp), Merger Agreement (Berkshire Energy Resources)
Conditions to Obligation of Parent to Effect the Merger. The obligation of Parent and Merger Sub to effect the Merger shall be further subject to the satisfaction, on or prior to the Closing Date, of the following conditions conditions, except as may be waived by Parent and Merger Sub in writing pursuant to Section 9.58.5:
(a) Performance of Obligations of the Company. The Company (and/or and its appropriate subsidiaries) shall have performed in all material respects its agreements and covenants contained in Article VI and shall have performed in all material respects its other agreements and covenants contained in or contemplated by this Agreement to be performed by it at or prior to the Effective Time.
Appears in 2 contracts
Samples: Merger Agreement (Energy East Corp), Merger Agreement (Central Maine Power Co)
Conditions to Obligation of Parent to Effect the Merger. The obligation of Parent and Merger Sub to effect the Merger shall be further subject to the satisfactionsatisfaction (or waiver by Parent), on or prior to the Closing Date, of each of the following conditions except as may be waived by Parent and Merger Sub in writing pursuant to Section 9.5conditions:
(a) Performance of Obligations of the Company. The Company (and/or its appropriate subsidiaries) shall have performed in all material respects each of its agreements and covenants contained in or contemplated required by this Agreement to be so performed by it the Company at or prior to the Effective TimeClosing.
Appears in 1 contract
Samples: Merger Agreement (Etown Corp)
Conditions to Obligation of Parent to Effect the Merger. The obligation of Parent and Merger Sub to effect the Merger shall be further subject to the satisfactionsatisfaction (or waiver by Parent), on or prior to the Closing Date, of each of the following conditions except as may be waived by Parent and Merger Sub in writing pursuant to Section 9.5conditions:
(a) Performance of Obligations of the Company. The Company (and/or its appropriate subsidiaries) shall have performed in all material respects each of its agreements and covenants contained in or contemplated required by this Agreement to be so performed by it the Company at or prior to the Effective TimeClosing.
Appears in 1 contract
