Conditions to Obligation of the Company. The obligation of the Company to consummate the Merger and the other transactions contemplated by this Agreement is also subject to the satisfaction or, to the extent permitted by applicable Law, written waiver by the Company prior to the Closing of each of the following conditions (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those conditions):
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Entegra Financial Corp.), Voting Agreement (Entegra Financial Corp.), Voting Agreement (Smartfinancial Inc.)
Conditions to Obligation of the Company. The obligation of the Company to consummate effect the Merger and the other transactions contemplated by this Agreement is also further subject to the satisfaction orsatisfaction, or to the extent permitted by applicable Law, written the waiver by the Company on or prior to the Closing Date of each of the following conditions (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those conditions)::
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Rubios Restaurants Inc), Voting Agreement (Iomai Corp), Agreement and Plan of Merger (Energy Conversion Devices Inc)
Conditions to Obligation of the Company. The obligation of the Company and the Stockholders to consummate effect the Merger and the other transactions contemplated by this Agreement is also further subject to the satisfaction or(or waiver, to the extent permitted by if permissible under applicable Law, written waiver by the Company ) on or prior to the Closing of each Date of the following conditions (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those conditions)::
Appears in 4 contracts
Samples: Agreement and Plan of Merger (BCTG Acquisition Corp.), Agreement and Plan of Merger (Mountain Crest Acquisition Corp II), Agreement and Plan of Merger (Rodgers Silicon Valley Acquisition Corp)
Conditions to Obligation of the Company. The obligation of the Company to consummate effect the Merger and Transactions (including the other transactions contemplated by this Agreement Merger) is also subject to the satisfaction or(or waiver, to the extent permitted by if permissible under applicable Law, written waiver by the Company ) prior to the Closing of each of the following conditions (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those conditions)::
Appears in 3 contracts
Samples: Agreement and Plan of Merger and Reorganization (Invitae Corp), Confidential Treatment Requested (Dare Bioscience, Inc.), Agreement and Plan of Merger (Invitae Corp)
Conditions to Obligation of the Company. The obligation of the Company to consummate the Merger and the other transactions contemplated by this Agreement is also further subject to the satisfaction or, to the extent permitted by applicable Law, written (or waiver by the Company Company, if permissible under Law) at or prior to the Closing of each of the following conditions (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those conditions)::
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Clark Holdings Inc.), Agreement and Plan of Merger (Novell Inc), Agreement and Plan of Merger (Rock of Ages Corp)
Conditions to Obligation of the Company. The obligation of the Company to consummate effect the Merger and the other transactions contemplated by this Agreement Transactions is also subject to the satisfaction or(or waiver, to the extent permitted by if permissible under applicable Law, written waiver by the Company ) prior to the Closing of each of the following conditions (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those conditions)::
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Invitae Corp), Agreement and Plan of Merger and Plan of Reorganization (Invitae Corp), Agreement and Plan of Merger (Invitae Corp)
Conditions to Obligation of the Company. The obligation of the Company to consummate consummate, or cause to be consummated, the Merger and the other transactions contemplated by this Agreement is also subject to the satisfaction (or, to the extent permitted by applicable Law, written waiver by the Company prior to Company), as of the Closing of each Closing, of the following conditions (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those additional conditions)::
Appears in 3 contracts
Samples: Agreement and Plan of Merger (AMCI Acquisition Corp. II), Agreement and Plan of Merger (B. Riley Principal 150 Merger Corp.), Agreement and Plan of Merger (Soaring Eagle Acquisition Corp.)
Conditions to Obligation of the Company. The obligation obligations of the Company to consummate the Merger and the other transactions contemplated by this Agreement is also are subject to the satisfaction or, to the extent permitted by applicable Law, written (or waiver in writing by the Company at or prior to the Closing of each Date) of the following conditions (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those further conditions)::
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Envestnet, Inc.), Agreement and Plan of Merger (Actua Corp)
Conditions to Obligation of the Company. The obligation obligations of the Company to consummate effect the Merger and the other transactions contemplated by this Agreement is also are further subject to the satisfaction or, to the extent permitted by applicable Applicable Law, written the waiver by the Company at or prior to the Closing of each of the following conditions (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those conditions)::
Appears in 2 contracts
Samples: Agreement and Plan of Merger (At&t Inc.), Agreement and Plan of Merger (Superclick Inc)
Conditions to Obligation of the Company. The obligation of the Company to consummate effect the Merger and the other transactions contemplated by this Agreement is also shall be subject to the satisfaction or(or waiver by the Company, to the extent permitted by applicable Law, written waiver by the Company ) at or prior to the Closing of each of the following conditions (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those additional conditions)::
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Rosetta Genomics Ltd.), Agreement and Plan of Merger (Rosetta Genomics Ltd.)
Conditions to Obligation of the Company. The obligation of the Company to consummate the Merger and the other transactions contemplated by this Agreement is also further subject to the satisfaction or, to the extent permitted by applicable Lawlegally permissible, written waiver by the Company on or prior to the Closing of each Date of the following conditions (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those conditions)::
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Reynolds American Inc), Agreement and Plan of Merger (British American Tobacco p.l.c.)
Conditions to Obligation of the Company. The obligation of the Company to effect the Merger, and consummate the Merger and the other transactions contemplated by this Agreement Agreement, is also subject to the satisfaction or, or waiver by the Company (in its sole discretion to the extent permitted by applicable Law, written waiver by the Company ) at or prior to the Closing of each of the following conditions (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those conditions)::
Appears in 2 contracts
Samples: Merger Agreement (Shift4 Payments, Inc.), Merger Agreement (Shift4 Payments, Inc.)
Conditions to Obligation of the Company. The obligation of the Company to consummate the Merger and the other transactions contemplated by this Agreement is also subject to the satisfaction or, to the extent permitted fulfillment by applicable Law, Purchaser and Sub or written waiver by the Company prior to the Closing Date of each of the following conditions (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those conditions)::
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Penn Engineering & Manufacturing Corp), Agreement and Plan of Merger (PEM Holding Co.)
Conditions to Obligation of the Company. The obligation obligations of the Company to consummate effect the Merger and the other transactions contemplated by this Agreement is also are further subject to the satisfaction or, to the extent permitted by applicable Law, written the waiver by the Company on or prior to the Closing Date of each of the following conditions (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those conditions)::
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Baker Hughes Inc), Agreement and Plan of Merger (Halliburton Co)
Conditions to Obligation of the Company. The Company’s obligation of the Company to consummate the Merger and the other transactions contemplated by this Agreement is also subject to the satisfaction (or, to the extent permitted by applicable Law, written waiver by the Company Stockholder Representative) at or prior to the Closing of each of the following conditions (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those conditions):precedent:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Forrester Research, Inc.)
Conditions to Obligation of the Company. The obligation of the Company to consummate effect the Merger and the other transactions contemplated by this Agreement hereby is also subject to the satisfaction or, to the extent permitted by applicable Law, written or waiver by the Company prior to on or before the Closing of each of the following conditions (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those conditions)::
Appears in 1 contract
Conditions to Obligation of the Company. The obligation of the Company to consummate the Merger and the other transactions contemplated by this Agreement is also subject to the satisfaction or, (or written waiver by the Company (to the extent permitted by applicable Applicable Law, written waiver by the Company )) at or prior to the Closing of each of the following further conditions (other than those any such conditions that are waived by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those conditionsCompany):
Appears in 1 contract
Conditions to Obligation of the Company. The obligation of the Company to consummate effect the Merger and Transactions (including the other transactions contemplated by this Agreement First Merger) is also subject to the satisfaction or(or waiver, to the extent permitted by if permissible under applicable Law, written waiver by the Company ) prior to the Closing of each of the following conditions (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those conditions)::
Appears in 1 contract
Conditions to Obligation of the Company. The obligation of the Company to consummate the Merger and the other transactions contemplated by this Agreement is also subject to the satisfaction or, to the extent permitted by applicable Law, fulfillment or written waiver by the Company prior to the Closing of each of the following conditions (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those conditions)::
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (First Foundation Inc.)
Conditions to Obligation of the Company. The obligation of the Company to consummate the Merger and the other transactions contemplated by this Agreement is also subject to the satisfaction or, to the extent permitted by applicable Law, fulfillment or written waiver by the Company prior to the Closing of each of the following conditions (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those conditions):
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Eagle Bancorp Inc)
Conditions to Obligation of the Company. The obligation of the Company to consummate effect the Merger and the other transactions contemplated by this Agreement hereby is also further subject to the satisfaction or, to the extent permitted by applicable Law, written or waiver by the Company prior to at the Closing of each of the following conditions (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those conditions)::
Appears in 1 contract
Samples: Agreement and Plan of Merger (Prudential Financial Inc)
Conditions to Obligation of the Company. The obligation of the Company to consummate the Merger and the other transactions contemplated by this Agreement Transactions is also subject to the satisfaction or, to the extent permitted by applicable Law, written (or waiver by the Company prior to in its sole discretion) of the Closing of each following further conditions, and promptly following the satisfaction by Buyer and Merger Sub or waiver by the Company of the following conditions (other than those conditions that by their nature are to be satisfied at the ClosingCompany shall, but subject to Sections 8.1 and 8.2, cause the fulfillment or waiver of those conditions):Closing to occur:
Appears in 1 contract
Conditions to Obligation of the Company. The obligation of the Company to consummate effect the Merger and the other transactions contemplated by this Agreement is also further subject to the satisfaction or(or waiver, to the extent permitted by applicable if permissible under Applicable Law, written waiver by the Company ) on or prior to the Closing of each of the following conditions (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those conditions)::
Appears in 1 contract
Samples: Agreement and Plan of Merger (1Life Healthcare Inc)
Conditions to Obligation of the Company. The obligation of the Company to consummate effect the Merger and the other transactions contemplated by this Agreement is also subject to the satisfaction (or, to the extent if permitted by applicable Law, written waiver by the Company prior to Company) as of the Closing of each of the following conditions (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those conditions)::
Appears in 1 contract
Conditions to Obligation of the Company. The obligation of the Company to consummate effect the Merger and Transactions (including the other transactions contemplated by this Agreement Merger) is also subject to the satisfaction or(or written waiver, to the extent permitted by if permissible under applicable Law, written waiver by the Company Company, in its sole discretion) at or prior to the Closing of each of the following conditions (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those conditions)::
Appears in 1 contract
Conditions to Obligation of the Company. The obligation of the Company to consummate effect the Merger and the other transactions contemplated by this Agreement is also subject to the satisfaction or, or waiver (where permissible pursuant to the extent permitted by applicable Law, written waiver ) by the Company on or prior to the Closing of each Date of the following conditions (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those conditions)::
Appears in 1 contract
Conditions to Obligation of the Company. The obligation of the Company to consummate effect the Merger and Transactions (including the other transactions contemplated by this Agreement Merger) is also subject to the satisfaction or(or waiver, to the extent permitted by if permissible under applicable Law, written waiver by the Company Company, in its sole discretion) prior to the Closing of each of the following conditions (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those conditions):: 6.2.1
Appears in 1 contract
Samples: Execution Draft Agreement and Plan of Merger (Dare Bioscience, Inc.)
Conditions to Obligation of the Company. The obligation of the Company to consummate effect the Merger and consummate the other transactions contemplated by this Agreement Transactions is also further subject to the satisfaction or(or waiver, to the extent permitted by if permissible under applicable Law, written waiver by the Company ) on or prior to the Closing of each Date of the following conditions (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those conditions)::
Appears in 1 contract
Samples: Agreement and Plan of Merger (Magellan Health Services Inc)
Conditions to Obligation of the Company. The obligation of the Company to consummate effect the Merger and Transactions (including the other transactions contemplated by this Agreement Merger) is also subject to the satisfaction or, to the extent permitted by applicable Law, written (or waiver by the Company Company, if permissible under applicable Law) at or prior to the Closing of each of the following conditions (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those conditions)::
Appears in 1 contract
Conditions to Obligation of the Company. The obligation of the Company to consummate effect the Merger and the other transactions contemplated by this Agreement is also subject to the satisfaction or, at the Closing or (to the extent permitted by applicable Law) waiver, written waiver in whole or in part, by the Company at or prior to the Closing of each of the following conditions (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those conditions)::
Appears in 1 contract
Conditions to Obligation of the Company. The obligation of the Company to consummate effect the Merger and consummate the other transactions contemplated by this Agreement to be consummated on the Closing Date is also subject to the satisfaction or, to the extent permitted by applicable Law, written or waiver by the Company at or prior to the Closing of each Effective Time of the following conditions (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those conditions)::
Appears in 1 contract
Conditions to Obligation of the Company. The obligation obligations of the Company to perform this Agreement and to consummate the Merger and the other transactions contemplated by this Agreement is Transactions also subject to the satisfaction or, or waiver (where permissible pursuant to the extent permitted by applicable Law, written waiver ) by the Company on or prior to the Closing of each of the following conditions (other than those conditions that by their nature are to be satisfied at the Closing, but subject to the fulfillment or waiver of those conditions)::
Appears in 1 contract
Samples: Agreement and Plan of Merger (Kingfish Holding Corp)
