Common use of Conditions to Obligation of the Target Clause in Contracts

Conditions to Obligation of the Target. The obligation of the Target to consummate the transactions to be performed by it in connection with the Closing is subject to satisfaction of the following conditions: (i) the Registration Statement shall have become effective under the Securities Act; (ii) this Agreement and the Merger shall have received the Requisite Stockholder Approval; and (iii) all actions to be taken by the Buyer and the Transitory Subsidiary in connection with consummation of the transactions contemplated hereby and all certificates, opinions, instruments, and other documents required to effect the transactions contemplated hereby will be reasonably satisfactory in form and substance to the Target. The Target may waive any condition specified in this Section 4(b) if it executes a writing so stating at or prior to the Closing.

Conditions to Obligation of the Target. The obligation of the Target to consummate the transactions to be performed by it in connection with the Closing is subject to satisfaction of the following conditions: (i) the Registration Statement shall have become effective under the Securities Act; (ii) this Agreement and the Merger shall have received the Requisite Stockholder Unitholder Approval; and (iii) all actions to be taken by the Buyer and the Transitory Subsidiary in connection with consummation of the transactions contemplated hereby and all certificates, opinions, instruments, and other documents required to effect the transactions contemplated hereby will be reasonably satisfactory in form and substance to the Target. The Target may waive any condition specified in this Section 4(bSection4(b) if it executes a writing so stating at or prior to the Closing.