Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the obligation of the Company to effect the Merger shall be subject to the fulfillment at or prior to the Effective Time of the following additional conditions:
Appears in 20 contracts
Samples: Agreement and Plan of Merger and Reorganization (Wright Medical Group Inc), Agreement and Plan of Merger (Circus & Eldorado Joint Venture), Agreement and Plan of Merger (Full House Resorts Inc)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment satisfaction at or prior to the Effective Time of the following additional conditions, unless waived in writing by the Company:
Appears in 17 contracts
Samples: Agreement and Plan of Merger (DRS Technologies Inc), Agreement and Plan of Merger (Alamosa Holdings Inc), Agreement and Plan of Merger (Alcoa Inc)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment or waiver by the Company at or prior to the Effective Time of the following additional conditions:
Appears in 16 contracts
Samples: Agreement and Plan of Merger (Citizens Community Bancorp Inc.), Agreement and Plan of Merger (EQM Technologies & Energy, Inc.), Agreement and Plan of Merger (North Central Bancshares Inc)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment at or prior to the Effective Time Closing Date of the following additional conditions:
Appears in 15 contracts
Samples: Agreement and Plan of Merger (North American Scientific Inc), Agreement and Plan of Merger (Molina Healthcare Inc), Agreement and Plan of Merger (Liposome Co Inc)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment satisfaction at or prior to the Effective Time of the following additional conditions:
Appears in 11 contracts
Samples: Agreement and Plan of Merger (Andrew Corp), Agreement and Plan of Merger (Schein Henry Inc), Agreement and Plan of Merger (Sullivan Dental Products Inc)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment at or prior to the Effective Time of the additional following additional conditions, unless waived by the Company:
Appears in 11 contracts
Samples: Agreement and Plan of Merger (Prometheus Senior Quarters LLC), Agreement of Merger by And (Triad Park LLC), Agreement and Plan of Merger (Atlantic Realty Trust)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment at or prior to the Effective Time of each of the following additional conditions:
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Endocardial Solutions Inc), Agreement and Plan of Merger (Planetcad Inc), Agreement and Plan of Merger (Endocardial Solutions Inc)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the obligation of the Company to effect the Merger shall be subject to the fulfillment at or prior to the Effective Time Closing Date of the following additional conditions:
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Data Documents Inc), Agreement and Plan of Merger (Teltrend Inc), Agreement and Plan of Merger (Westell Technologies Inc)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment (or waiver by the Company) at or prior to the Effective Time of the following additional conditions:
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Station Casinos Inc), 1 Agreement and Plan of Merger (Crescent Real Estate Equities Co), Agreement and Plan of Merger (Crescent Real Estate Equities Co)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the obligation of the Company to effect the Merger shall be subject to the fulfillment at or prior to the Effective Time Closing Date and continued fulfillment as of the Consummation Date of the following additional conditions:
Appears in 6 contracts
Samples: Agreement and Plan of Reorganization and Merger (Palex Inc), Agreement and Plan of Reorganization and Merger (Palex Inc), Agreement and Plan of Reorganization and Merger (Palex Inc)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment satisfaction or waiver by the Company at or prior to the Effective Time of the following additional conditions:
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Mony Group Inc), Agreement and Plan of Merger (Merisel Inc /De/), Agreement and Plan of Merger (American Capital Strategies LTD)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the obligation of the Company to effect consummate the Merger shall be subject to the fulfillment at or prior to the Merger Effective Time of the following additional conditions:
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Synthesis Energy Systems Inc), Agreement and Plan of Merger and Reorganization (Yuma Energy, Inc.), Amended and Restated Agreement and Plan of Merger and Reorganization (Pyramid Oil Co)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be is further subject to the fulfillment (or waiver by the Company, to the extent permissible under applicable Law) at or prior to the Effective Time of the following additional conditions:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (CAESARS ENTERTAINMENT Corp), Agreement and Plan of Merger (Eldorado Resorts, Inc.), Agreement and Plan of Merger (Zoe's Kitchen, Inc.)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment at or prior to the Effective Time Date of the additional following additional conditions, unless waived by the Company:
Appears in 4 contracts
Samples: Agreement of Merger (Triad Park LLC), Agreement and Plan of Merger (Cyrix Corp), Agreement and Plan of Merger (Goodrich B F Co)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment or waiver by the Company at or prior to the Effective Time Closing Date of the following additional conditions:
Appears in 4 contracts
Samples: Employment Agreement (Devon Energy Corp/De), Agreement and Plan of Merger (Devon Energy Corp/De), Agreement and Plan of Merger (Mitchell Energy & Development Corp)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment (or waiver by the Company) at or prior to the Effective Time of the following additional conditionscondition:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Itt Corp /Nv/), Agreement and Plan of Merger (Itt Corp /Nv/), Agreement and Plan of Merger (Starwood Lodging Corp)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment satisfaction (or waiver by Company) at or prior to the Effective Time of the following additional conditions:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (WEB.COM Group, Inc.), Agreement and Plan of Merger (WEB.COM Group, Inc.), Agreement and Plan of Merger (Xura, Inc.)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment fulfillment, or waiver by the Company, at or prior to the Effective Time of the following additional conditions:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Ubiquity Broadcasting Corp), Agreement and Plan of Merger (Sealand Natural Resources Inc), Agreement and Plan of Merger (Rimrock Gold Corp.)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment at or prior to the Effective Time of the following additional conditions:: (a)
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Nova Corp \Ga\), 1 Agreement and Plan of Merger (Nova Corp \Ga\), Agreement and Plan of Merger (Saks Holdings Inc)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment satisfaction (or waiver by the Company, in its discretion) at or prior to the Effective Time of the following additional conditions:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Waxman Industries Inc), Agreement and Plan of Merger (Wilmar Holdings Inc), Agreement and Plan of Merger (Wilmar Industries Inc)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment at or prior to the Effective Time of the following additional conditions, unless waived by the Company, that:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Bath National Corp), Agreement and Plan of Merger (Corning Inc /Ny), Agreement and Plan of Merger (Corning Inc /Ny)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the CompanyCompany in writing, the obligation obligations of the Company to effect the Merger provided for hereby shall be subject to the fulfillment satisfaction, at or prior to the Effective Time Time, of each of the following additional conditions:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (U S Aggregates Inc), And Restated Agreement and Plan of Merger (U S Aggregates Inc), Agreement and Plan of Merger (U S Aggregates Inc)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment satisfaction at or prior to the Effective Time of the following additional conditions:, unless waived in writing by the Company (but only with the prior approval of the Special Committee):
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Dexter Corp), Agreement and Plan of Merger (Life Technologies Inc), Agreement and Plan of Merger (Invitrogen Corp)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the obligation of the Company to effect consummate the Merger shall be subject to the fulfillment at or prior to the Effective Time of the following additional conditions:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Cytrx Corp), Agreement and Plan of Merger (Innovive Pharmaceuticals, Inc.), Agreement and Plan of Merger (International Aluminum Corp)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be is subject to the fulfillment at or prior to the Effective Time satisfaction of the following additional conditionsconditions unless waived by the Company:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (CTB International Corp), Agreement and Plan of Merger (Regal Cinemas Inc), Agreement and Plan of Merger (Corrections Corporation of America)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the obligation The obligations of the Company to effect the Merger and the other transactions contemplated hereby shall be subject to the fulfillment satisfaction at or prior to the Effective Time of the following additional conditions, any or all of which may be waived, in whole or in part, by the Company to the extent permitted by applicable Law:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Party City Corp), Agreement and Plan of Merger (Amscan Holdings Inc)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the obligation The obligations of the Company to effect the Merger shall be subject to the fulfillment satisfaction (or waiver by the Company, to the extent permitted by applicable Law) at or prior to the Effective Time Closing of the following additional conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Emagin Corp), Agreement and Plan of Merger (Harman International Industries Inc /De/)
Conditions to Obligation of the Company to Effect the Merger. Unless waived Only if the Acceptance Time shall not have occurred, the obligations of the Company to consummate the Merger shall be further subject to the satisfaction (or waiver by the Company, the obligation of the Company to effect the Merger shall be subject to the fulfillment extent permissible under applicable Law) at or prior to the Effective Time of the following additional conditions:
Appears in 2 contracts
Samples: And Restated Agreement and Plan of Merger (Insite Vision Inc), Agreement and Plan of Merger (Insite Vision Inc)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment or, to the extent permitted by applicable law, waiver at or prior to the Effective Time of the following additional conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Endo Pharmaceuticals Holdings Inc), Agreement and Plan of Merger (Algos Pharmaceutical Corp)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be further subject to the fulfillment at satisfaction (or waiver by the Company), on or prior to the Effective Time Closing Date, of each of the following additional conditions:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Northeast Utilities System)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment or waiver at or prior to the Effective Time of each of the following additional conditions:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Carsunlimited Com Inc)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment continued fulfillment, or waiver by the Company at or prior to the Effective Time Time, of the following additional conditions:
Appears in 1 contract
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject subject, unless waived by the Company, to the fulfillment at or prior to the Effective Time Date of the following additional conditions:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Cummins Engine Co Inc)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect consummate the Merger shall be subject to the fulfillment at or prior to the Effective Time satisfaction of the following additional conditions, unless waived (if permissible) by the Company:
Appears in 1 contract
Samples: 5 Agreement and Plan of Merger (Mac Frugals Bargains Close Outs Inc)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment at or prior to the Effective Time Date of the following additional conditions:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Hanger Orthopedic Group Inc)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment at or prior to the Effective Time Date of the following additional conditions, unless waived by the Company:
Appears in 1 contract
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be is subject to the fulfillment satisfaction (or waiver by it) at or prior to the Effective Time of the following additional conditionsfollowing:
Appears in 1 contract
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment at or prior to the Effective Time Closing Date of the following additional conditions:conditions (any of which may be waived, in writing, by the Company in its sole discretion):
Appears in 1 contract
Samples: Agreement and Plan of Merger (Source Interlink Companies Inc)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment at or prior to the Effective Time Closing Date each of the following additional conditions:conditions (unless waived by the Company in accordance with the provisions of Section 7.6 hereof):
Appears in 1 contract
Samples: Agreement and Plan of Merger (Applied Digital Solutions Inc)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment at or prior to the Effective Time of the additional following additional conditionscondition, unless waived by the Company:
Appears in 1 contract
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be is subject to the fulfillment (or the express written waiver by the Company (in its sole discretion)) at or prior to the Effective Time of the following additional conditions:
Appears in 1 contract
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment (or waiver by the Company) at or prior to the Effective Time of the following additional conditions:: (a)
Appears in 1 contract
Samples: Agreement and Plan of Merger Agreement and Plan of Merger (Deeptech International Inc)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be is further subject to fulfillment (or waiver by the fulfillment at or prior to the Effective Time Company) of the following additional conditions:
Appears in 1 contract
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the obligation of the Company to effect the Merger shall be subject to the fulfillment at or prior to the Effective Time Closing of the following additional conditions:
Appears in 1 contract
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment at or prior to the Effective Time of the following additional conditionsconditions unless waived by the Company:
Appears in 1 contract
Samples: Agreement and Plan of Reorganization and Merger (General Credit Corp)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject at the option of the Company to the fulfillment at or prior to the Effective Time Closing Date of the following additional conditions:
Appears in 1 contract
Samples: Employment Agreement (PHC Inc /Ma/)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by In addition to the Companyconditions set forth in Section 8,1 above, the obligation of the Company to effect the Merger shall be subject to the fulfillment at or prior to the Effective Time Closing Date of the following additional conditions:
Appears in 1 contract
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment at or prior to the Effective Time Date of the following additional conditions, unless waived by the Company:
Appears in 1 contract
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment at or prior to the Effective Time Date of the following additional conditions:.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Rocky Mountain Internet Inc)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the obligation The obligations of the Company to effect the Merger shall be subject to the fulfillment satisfaction (or waiver by the Company, to the extent permitted by Law) at or prior to the Effective Time Closing of the following additional conditions:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Smithfield Foods Inc)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the obligation of the Company to effect the Merger shall be subject to the fulfillment at or prior to the Effective Time of the following additional conditionscondition:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Lilly Industries Inc)
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment or waiver at or prior to the Effective Time of the following additional conditions:
Appears in 1 contract
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment at or prior to the Effective Time Date of the additional following additional conditions, un- less waived by the Company:
Appears in 1 contract
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment at or prior to the Effective Time of the following additional conditions:
Appears in 1 contract
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment at or prior to the Effective Time of the following additional conditions, unless waived by the Company, that:
Appears in 1 contract
Conditions to Obligation of the Company to Effect the Merger. Unless waived by the Company, the The obligation of the Company to effect the Merger shall be subject to the fulfillment at or prior to the Effective Time Date of the following additional conditions, unless waived in writing by the Company in accordance with SECTION 10.4 hereof:
Appears in 1 contract
