Common use of Conditions to Obligations of the Partnerships to Effect the Mergers Clause in Contracts

Conditions to Obligations of the Partnerships to Effect the Mergers. The obligations of each of the Partnerships to effect its respective merger shall be subject to the fulfillment (or waiver in whole or in part by the intended beneficiary thereof in its sole discretion) at or prior to the Closing Date of the following additional conditions: (a) Each of Pioneer and Pioneer USA shall have performed in all material respects its agreements contained in this Merger Agreement required to be performed at or prior to the Closing Date. (b) The representations and warranties of each of Pioneer and Pioneer USA contained in this Merger Agreement shall be true and correct in all material respects at and as of the Closing Date as if made at and as of such time unless they relate to another specific time.