CONDITIONS TO THE. MERGER Section 5.1 Conditions to Each Party's Obligation to Effect the Merger.........................................26 Section 5.2 Conditions to Obligation of the Bidder to Effect the Merger.........................................27 Section 5.3 Conditions to Obligation of the Company to Effect the Merger.........................................28
CONDITIONS TO THE. Dealer Manager's Obligations. ---------------------------------------------- The obligations of the Dealer Manager hereunder are subject, during the term of this Agreement and the Offering, to the conditions that: (a) at the effective date of the Registration Statement and thereafter during the term of this Agreement while any Units remain unsold, the Registration Statement shall remain in full force and effect authorizing the offer and sale of the Units; (b) no stop order suspending the effectiveness of the Offering or other order restraining the offer or sale of the Units shall have been issued nor proceedings therefor initiated or threatened by any state regulatory agency or the SEC; and (c) the Participating Broker shall have satisfactorily performed all of its obligations hereunder.
CONDITIONS TO THE. MERGER 6.1 Conditions to Obligations of Each Party to Effect the Merger. The respective obligations of each party to this Agreement to effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of the following conditions: (a)
CONDITIONS TO THE. MERGER Section 7.01. Conditions to the Merger.................................... 31 ARTICLE VIII TERMINATION, AMENDMENT AND WAIVER Section 8.01. Termination................................................. 32 Section 8.02. Effect of Termination....................................... 33 Section 8.03. Fees........................................................ 33 Section 8.04. Amendment................................................... 34 Section 8.05. Waiver...................................................... 34
CONDITIONS TO THE. Merger If Offer Conditions Have ------------------------------------------------- Been Satisfied or Waived...........................28 ------------------------ SECTION 7.02. Conditions to the Merger if the Conditions to the ------------------------------------------------- Offer are not Satisfied or Waived..................28 ---------------------------------
CONDITIONS TO THE. Merger If Offer Conditions -------------------------------------------- Have Been Satisfied or Waived. If the conditions to the Offer set forth on Annex ----------------------------- A have been satisfied or, where permitted, waived, the respective obligations of each party to effect the Merger shall be subject to the satisfaction at or prior to the Effective Time of the following conditions:
CONDITIONS TO THE. Merger if the Conditions to --------------------------------------------- the Offer are not Satisfied or Waived. If the conditions to the Offer set forth ------------------------------------- on Annex A have not been satisfied or, where permitted, waived, the respective obligations of Parent and Purchaser, on the one hand, and the Company, on the other hand, shall be subject to the satisfaction, or, where permitted, waived, at or prior to the Effective Time of the conditions set forth in subsections (a) and (b), respectively, of this Section 7.02.
CONDITIONS TO THE. MERGER 6.1 Conditions to Obligations of Each Party to Effect the Merger............................ 54 6.2 Additional Conditions to Obligations of OSI.. 55 6.3 Additional Conditions to the Obligations of LRC and Merger Sub............................................. 55 ARTICLE 7
CONDITIONS TO THE. Obligations of FSSB under this Agreement. The obligations of FSSB under this Agreement shall be further subject to the satisfaction of the conditions set forth in Sections 9.3(a) through 9.3(f) at or prior to the Closing Date, which shall be waiveable by FSSB:
CONDITIONS TO THE. MERGER SECTION 9.01 Conditions to the Obligations of Each Party....... 24
