Common use of Conditions to the Merger Clause in Contracts

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 Section 6.3 Conditions to Obligation of ETP to Effect the Merger 74 Section 6.4 Frustration of Closing Conditions 75

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 59 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 60 Section 6.3 Conditions to Obligation of ETP Parent to Effect the Merger 74 60 Section 6.4 Frustration of Closing Conditions 7561

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 87 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 88 Section 6.3 Conditions to Obligation of ETP Parent to Effect the Merger 74 Section 6.4 Frustration of Closing Conditions 7589 ARTICLE VII

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 Merger. 36 Section 6.2 Conditions to Obligation Obligations of the Company to Effect the Parent and Merger 73 Sub. 37 Section 6.3 Conditions to Obligation Obligations of ETP to Effect the Merger 74 Company. 37 Section 6.4 Frustration of Closing Conditions 75Conditions. 38

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 61 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 61 Section 6.3 Conditions to Obligation of ETP Parent to Effect the Merger 74 62 Section 6.4 Frustration of Closing Conditions 7563

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 44 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 44 Section 6.3 Conditions to Obligation of ETP Parent to Effect the Merger 74 Section 6.4 Frustration of Closing Conditions 7545

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 70 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 71 Section 6.3 Conditions to Obligation of ETP Parent to Effect the Merger 74 72 Section 6.4 Frustration of Closing Conditions 7572

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 44 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 44 Section 6.3 Conditions to Obligation of ETP Parent to Effect the Merger 74 Section 6.4 Frustration of Closing Conditions 7545

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 96 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 96 Section 6.3 Conditions to Obligation of ETP Parent to Effect the Merger 74 97 Section 6.4 Frustration of Closing Conditions 7598

Conditions to the Merger. Section 6.1 7.01. Conditions to the Obligations of Each Party’s Obligation to Effect the Merger 72 Party 33 Section 6.2 7.02. Conditions to the Obligations of Parent and Merger Co 34 Section 7.03. Conditions to the Obligation of the Company to Effect the Merger 73 34 Section 6.3 Conditions to Obligation of ETP to Effect the Merger 74 Section 6.4 7.04. Frustration of Closing Conditions 7535

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 74 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 75 Section 6.3 Conditions to Obligation Obligations of ETP the Parent Parties to Effect the Merger 74 75 Section 6.4 Frustration of Closing Conditions 7576

Conditions to the Merger. Section 6.1 7.1. Conditions to Each Party’s Obligation to Effect the Merger 72 65 Section 6.2 7.2. Conditions to Obligation of the Company Purchaser Parties’ Obligations to Effect the Merger 73 65 Section 6.3 7.3. Conditions to Obligation of ETP Company’s Obligations to Effect the Merger 74 66 Section 6.4 7.4. Frustration of Closing Conditions 7566

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 49 Section 6.2 Conditions to Obligation the Obligations of the Company to Effect the Parent and Merger 73 Sub 49 Section 6.3 Conditions to Obligation the Obligations of ETP to Effect the Merger 74 Section 6.4 Frustration of Closing Conditions 75Company 50

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 63 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 63 Section 6.3 Conditions to Obligation of ETP Parent to Effect the Merger 74 63 Section 6.4 Frustration of Closing Conditions 7564

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 Merger. 52 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 Merger. 52 Section 6.3 Conditions to Obligation Obligations of ETP Parent and Merger Sub to Effect the Merger 74 Merger. 53 Section 6.4 Frustration of Closing Conditions 75Conditions. 53 Section 7.1 Termination. 54 Section 7.2 Manner and Effect of Termination. 55 Section 7.3 Termination Payments. 55

Conditions to the Merger. Section 6.1 SECTION 6.01. Conditions to Each Party’s Obligation to To Effect the Merger 72 Section 6.2 49 SECTION 6.02. Conditions to Obligation the Obligations of Parent and Merger Sub 49 SECTION 6.03. Conditions to the Obligations of the Company to Effect the Merger 73 Section 6.3 Conditions to Obligation of ETP to Effect the Merger 74 Section 6.4 Frustration of Closing Conditions 7550

Conditions to the Merger. Section 6.1 SECTION 6.01 Conditions to Obligations of Each Party’s Obligation Party to Effect the Merger 72 Section 6.2 42 SECTION 6.02 Additional Conditions to Obligation Obligations of Parent and Sub 42 SECTION 6.03 Additional Conditions to Obligations of the Company to 43 SECTION 7.01 Termination 43 SECTION 7.02 Effect the Merger 73 Section 6.3 Conditions to Obligation of ETP to Effect the Merger 74 Section 6.4 Frustration of Closing Conditions 75Termination 45 SECTION 7.03 Amendment 46 SECTION 7.04 Waiver 46

Conditions to the Merger. Section 6.1 8.1. Conditions to Each Party’s Obligation to Effect the Merger 72 Section 6.2 55 8.2. Conditions to Obligations of Parent and Merger Sub 55 8.3. Conditions to Obligation of the Company to Effect the Merger 73 Section 6.3 Conditions to Obligation of ETP to Effect the Merger 74 Section 6.4 56 8.4. Frustration of Closing Conditions 7556

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 61 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 61 Section 6.3 Conditions to Obligation of ETP Parent to Effect the Merger 74 Section 6.4 Frustration of Closing Conditions 7562

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 66 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 67 Section 6.3 Conditions to Obligation Obligations of ETP Parent and Merger Sub to Effect the Merger 74 67 Section 6.4 Frustration of Closing Conditions 7568

Conditions to the Merger. Section 6.1 8.1 Conditions to Each Party’s Obligation to Effect the Merger 72 62 Section 6.2 8.2 Conditions to the Company’s Obligation of the Company to Effect the Merger 73 62 Section 6.3 8.3 Conditions to the Acquirer Parties’ Obligation of ETP to Effect the Merger 74 63 Section 6.4 8.4 Frustration of Closing Conditions 7564 Section 9.1 Termination 64 Section 9.2 Notice of Termination 65 Section 9.3 Effect of Termination 66

Conditions to the Merger. Section 6.1 5.1 Conditions to Each Party’s Obligation to Effect the Merger 72 63 Section 6.2 5.2 Conditions to Obligations of Parent and Merger Sub 65 Section 5.3 Conditions to Obligation of the Company to Effect the Merger 73 67 Section 6.3 Conditions to Obligation of ETP to Effect the Merger 74 Section 6.4 5.4 Frustration of Closing Conditions 7567

Conditions to the Merger. Section 6.1 6.01 Conditions to Each Party’s Obligation to Effect the Merger 72 86 Section 6.2 6.02 Conditions to Obligation the Obligations of Parent and MergerCo 86 Section 6.03 Conditions to the Obligations of the Company to Effect the Merger 73 Section 6.3 Conditions to Obligation of ETP to Effect the Merger 74 Section 6.4 Frustration of Closing Conditions 7587

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 62 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 62 Section 6.3 Conditions to Obligation Obligations of ETP Parent and Merger Sub to Effect the Merger 74 63 Section 6.4 Frustration of Closing Conditions 7564

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 53 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 54 Section 6.3 Conditions to Obligation of ETP Parent to Effect the Merger 74 Section 6.4 Frustration of Closing Conditions 7555

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 51 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 52 Section 6.3 Conditions to Obligation of ETP Parent to Effect the Merger 74 52 Section 6.4 Intentionally Omitted 53 Section 6.5 Frustration of Closing Conditions 7553

Conditions to the Merger. Section 6.1 Conditions to Obligation of Each Party’s Obligation Party to Effect the Merger 72 51 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 52 Section 6.3 Conditions to Obligation Obligations of ETP Parent and Merger Sub to Effect the Merger 74 52 Section 6.4 Frustration of Closing Conditions 7553

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 31 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 32 Section 6.3 Conditions to Obligation Obligations of ETP Purchaser and Merger Sub to Effect the Merger 74 32 Section 6.4 Frustration of Closing Conditions 7533

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 62 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 63 Section 6.3 Conditions to Obligation of ETP Parent to Effect the Merger 74 Section 6.4 Frustration of Closing Conditions 7563 ARTICLE VII

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 74 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 74 Section 6.3 Conditions to Obligation of ETP Parent to Effect the Merger 74 75 Section 6.4 Frustration of Closing Conditions 7577 Section 7.1 Termination or Abandonment 77 Section 7.2 Effect of Termination 80 Section 8.1 No Survival 81 Section 8.2 Expenses 82 Section 8.3 Counterparts; Effectiveness 82

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 41 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 42 Section 6.3 Conditions to Obligation of ETP Parent and Merger Sub to Effect the Merger 74 42 Section 6.4 7.1 Termination 43 Section 7.2 Termination Fee 45 Section 7.3 Frustration of Closing Conditions 7548

Conditions to the Merger. Section 6.1 Conditions to the Obligations of Each Party’s Obligation to Effect the Merger 72 Party 58 Section 6.2 7.2 Conditions to Obligation of the Company to Effect the Merger 73 58 Section 6.3 7.3 Conditions to Obligation of ETP Parent and Merger Sub to Effect the Merger 74 Section 6.4 Frustration of Closing Conditions 7559

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 Section 6.2 49 7.2 Conditions to the Obligation of the Company to Effect the Merger 73 Section 6.3 50 7.3 Conditions to the Obligation of ETP to Effect the Merger 74 Section 6.4 Frustration of Closing Conditions 75Parent 51

Conditions to the Merger. Section 6.1 SECTION 6.01 Conditions to Each Party’s Obligation to Effect the Merger 72 Section 6.2 63 SECTION 6.02 Conditions to Obligation Obligations of Parent and Merger Sub 64 SECTION 6.03 Conditions to Obligations of the Company to Effect the Merger 73 Section 6.3 Conditions to Obligation of ETP to Effect the Merger 74 Section 6.4 65 SECTION 6.04 Frustration of Closing Conditions 7565

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 81 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 82 Section 6.3 Conditions to Obligation of ETP Parent to Effect the Merger 74 Section 6.4 Frustration of Closing Conditions 7583 ARTICLE VII

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 40 Section 6.2 6.2. Conditions to Obligation of the Company to Effect the Merger 73 41 Section 6.3 6.3. Conditions to Obligation Obligations of ETP Parent and Merger Sub to Effect the Merger 74 41 Section 6.4 6.4. Frustration of Closing Conditions 7542

Conditions to the Merger. Section 6.1 7.1. Conditions to Each Party’s Obligation to Effect the Merger 72 52 Section 6.2 7.2. Conditions to Obligation of the Company Purchaser Parties’ Obligations to Effect the Merger 73 53 Section 6.3 7.3. Conditions to Obligation of ETP Company’s Obligations to Effect the Merger 74 54 Section 6.4 7.4. Frustration of Closing Conditions 7554

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 63 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 64 Section 6.3 Conditions to Obligation Obligations of ETP Parent and Merger Sub to Effect the Merger 74 65 Section 6.4 Frustration of Closing Conditions 7565

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 74 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 75 Section 6.3 Conditions to Obligation of ETP Parent to Effect the Merger 74 76 Section 6.4 Frustration of Closing Conditions 7576

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 66 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 67 Section 6.3 Conditions to Obligation of ETP Parent to Effect the Merger 74 68 Section 6.4 Frustration of Closing Conditions 7568

Conditions to the Merger. Section 6.1 Conditions to the Obligations of Each Party’s Obligation Party 77 Section 6.2 Conditions to Obligations of Parent and Merger Sub to Effect the Merger 72 77 Section 6.2 6.3 Conditions to Obligation of the Company to Effect the Merger 73 Section 6.3 Conditions to Obligation of ETP to Effect the Merger 74 78 Section 6.4 Frustration of Closing Conditions 7579 Article VII TERMINATION, AMENDMENT AND WAIVER

Conditions to the Merger. Section 6.1 Conditions to Obligation of Each Party’s Obligation Party to Effect the Merger 72 58 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 59 Section 6.3 Conditions to Obligation Obligations of ETP Parent and Merger Sub to Effect the Merger 74 59 Section 6.4 Frustration of Closing Conditions 7560

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 A-50 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 A-51 Section 6.3 Conditions to Obligation of ETP Parent to Effect the Merger 74 A-51 Section 6.4 Frustration of Closing Conditions 75A-51 A-ii Table of Contents

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 66 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 67 Section 6.3 Conditions to Obligation of ETP Parent to Effect the Merger 74 68 Section 6.4 Frustration of Closing Conditions 7568

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 5156 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 5257 Section 6.3 Conditions to Obligation of ETP Parent to Effect the Merger 74 5257 Section 6.4 Intentionally Omitted 5358 Section 6.5 Frustration of Closing Conditions 755358

Conditions to the Merger. Section 6.1 Conditions to Obligation of Each Party’s Obligation Party to Effect the Merger 72 44 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 44 Section 6.3 Conditions to Obligation Obligations of ETP Parent and Merger Sub to Effect the Merger 74 Section 6.4 Frustration of Closing Conditions 7544

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 62 Section 6.2 8.2 Conditions to the Company’s Obligation of the Company to Effect the Merger 73 62 Section 6.3 8.3 Conditions to the Acquirer Parties’ Obligation of ETP to Effect the Merger 74 63 Section 6.4 8.4 Frustration of Closing Conditions 7564

Conditions to the Merger. Section 6.1 SECTION 8.1. Conditions to Each Party’s 's Obligation to Effect the Merger 72 Section 6.2 39 SECTION 8.2. Conditions to Obligation Obligations of the Company to Effect the Merger 73 Section 6.3 39 SECTION 8.3. Conditions to Obligation Obligations of ETP the Parent and Merger Sub to Effect the Merger 74 Section 6.4 Frustration of Closing Conditions 7539 ARTICLE IX

Conditions to the Merger. Section 6.1 SECTION 8.01 Conditions to Each Party’s 's Obligation 29 to Effect the Merger 72 Section 6.2 SECTION 8.02 Conditions to the Obligation of the 30 Company to Effect the Merger 73 Section 6.3 SECTION 8.03 Conditions to the Obligation of ETP Parent and 30 Acquisition to Effect the Merger 74 Section 6.4 Frustration of Closing Conditions 75Merger

Conditions to the Merger. Section 6.1 8.1 Conditions to Each Party’s Obligation to Effect the Merger 72 62 Section 6.2 8.2 Conditions to the Company’s Obligation of the Company to Effect the Merger 73 62 Section 6.3 8.3 Conditions to the Acquirer Parties’ Obligation of ETP to Effect the Merger 74 63 Section 6.4 8.4 Frustration of Closing Conditions 7564 Article IX TERMINATION Section 9.1 Termination 64 Section 9.2 Notice of Termination 65 Section 9.3 Effect of Termination 66

Conditions to the Merger. Section 6.1 7.1 Conditions to Each Party’s Obligation to Effect the Merger 72 83 Section 6.2 7.2 Conditions to Obligation Obligations of the Company to Effect the Merger 73 84 Section 6.3 7.3 Conditions to Obligation Obligations of ETP Parent to Effect the Merger 74 85 Section 6.4 7.4 Frustration of Closing Conditions 7586

Conditions to the Merger. Section 6.1 7.1 Conditions to Each Party’s Obligation to Effect the Merger 72 86 Section 6.2 7.2 Conditions to Obligation of the Company to Effect the Merger 73 87 Section 6.3 7.3 Conditions to Obligation Obligations of ETP Parent and Merger Sub to Effect the Merger 74 88 Section 6.4 7.4 Frustration of Closing Conditions 7589

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 57 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 58 Section 6.3 Conditions to Obligation of ETP Parent to Effect the Merger 74 Section 6.4 Frustration of Closing Conditions 7559

Conditions to the Merger. Section 6.1 Conditions to Obligation of Each Party’s Obligation Party to Effect the Merger 72 45 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 46 Section 6.3 Conditions to Obligation Obligations of ETP Parent and Merger Sub to Effect the Merger 74 46 Section 6.4 Frustration of Closing Conditions 7547

Conditions to the Merger. Section 6.1 Conditions to Obligation of Each Party’s Obligation Party to Effect the Merger 72 57 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 58 Section 6.3 Conditions to Obligation Obligations of ETP Parent and Merger Sub to Effect the Merger 74 58 Section 6.4 Frustration of Closing Conditions 7559

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 81 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 82 Section 6.3 Conditions to Obligation of ETP Parent to Effect the Merger 74 Section 6.4 Frustration of Closing Conditions 7583

Conditions to the Merger. Section 6.1 SECTION 6.01. Conditions to Each Party’s Obligation to To Effect the Merger 72 Section 6.2 58 SECTION 6.02. Conditions to Obligation the Obligations of Parent and Merger Sub 59 SECTION 6.03. Conditions to the Obligations of the Company to 60 SECTION 7.01. Termination 60 SECTION 7.02. Effect the Merger 73 Section 6.3 Conditions to Obligation of ETP to Effect the Merger 74 Section 6.4 Frustration of Closing Conditions 75Termination 62 SECTION 7.03. Termination Fee 62

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 69 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 69 Section 6.3 Conditions to Obligation of ETP Parent to Effect the Merger 74 Section 6.4 Frustration of Closing Conditions 7570

Conditions to the Merger. Section 6.1 Conditions to Obligation of Each Party’s Obligation Party to Effect the Merger 72 45 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 45 Section 6.3 Conditions to Obligation Obligations of ETP Parent and Merger Sub to Effect the Merger 74 46 Section 6.4 Frustration of Closing Conditions 7546

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 57 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 58 Section 6.3 Conditions to Obligation of ETP Parent to Effect the Merger 74 Section 6.4 Frustration of Closing Conditions 7559

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 52 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 52 Section 6.3 Conditions to Obligation Obligations of ETP Parent and Merger Sub to Effect the Merger 74 53 Section 6.4 Frustration of Closing Conditions 7553

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 59 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 59 Section 6.3 Conditions to Obligation of ETP Parent to Effect the Merger 74 60 Section 6.4 Frustration of Closing Conditions 7561

Conditions to the Merger. Section 6.1 SECTION 5.01 Conditions to Each Party’s 's Obligation to Effect the Merger 72 Section 6.2 SECTION 5.02 Conditions to the Obligation of Holdings and the Company to Effect the Merger 73 Section 6.3 SECTION 5.03 Conditions to the Obligation of ETP Parent and Acquisition to Effect the Merger 74 Section 6.4 Frustration of Closing Conditions 75Merger

Conditions to the Merger. Section 6.1 7.1 Conditions to the Obligations of Each Party’s Obligation Party 51 Section 7.2 Conditions to Obligations of Parent and Acquisition Sub to Effect the Merger 72 52 Section 6.2 7.3 Conditions to Obligation of the Company to Effect the Merger 73 52 Section 6.3 Conditions to Obligation 8.1 Termination 53 Section 8.2 Effect of ETP to Effect the Merger 74 Termination 54 Section 6.4 Frustration of Closing Conditions 758.3 Termination Fees 55

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 41 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 42 Section 6.3 Conditions to Obligation of ETP Parent and Merger Sub to Effect the Merger 74 42 Section 6.4 7.1 Termination 43 Section 7.2 Termination Fee 45 Section 7.3 Frustration of Closing Conditions 7548

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 39 Section 6.2 Conditions to Obligations of Parent and Merger Sub 39 Section 6.3 Conditions to Obligation of the Company to Effect the Merger 73 Section 6.3 Conditions to Obligation of ETP to Effect the Merger 74 Section 6.4 Frustration of Closing Conditions 7540

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 56 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 57 Section 6.3 Conditions to Obligation of ETP Parent to Effect the Merger 74 57 Section 6.4 Intentionally Omitted 58 Section 6.5 Frustration of Closing Conditions 7558

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 63 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 64 Section 6.3 Conditions to Obligation Obligations of ETP Parent and Merger Sub to Effect the Merger 74 64 Section 6.4 Frustration of Closing Conditions 7565

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 67 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 68 Section 6.3 Conditions to Obligation Obligations of ETP Parent and Merger Sub to Effect the Merger 74 68 Section 6.4 Frustration of Closing Conditions 7569

Conditions to the Merger. Section 6.1 Conditions to Obligation of Each Party’s Obligation Party to Effect the Merger 72 52 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 52 Section 6.3 Conditions to Obligation Obligations of ETP Parent and Merger Sub to Effect the Merger 74 52 Section 6.4 Frustration of Closing Conditions 7553

Conditions to the Merger. Section 6.1 6.1. Conditions to Each Party’s Obligation to Effect the Merger 72 41 Section 6.2 6.2. Conditions to Obligation of the Company to Effect the Merger 73 42 Section 6.3 6.3. Conditions to Obligation Obligations of ETP Parent and Merger Sub to Effect the Merger 74 42 Section 6.4 6.4. Frustration of Closing Conditions 7543

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 61 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 62 Section 6.3 Conditions to Obligation of ETP Parent to Effect the Merger 74 Section 6.4 Frustration of Closing Conditions 7562

Conditions to the Merger. Section 6.1 65 7.1 Conditions to Each Party’s Obligation to Effect the Merger 72 Section 6.2 65 7.2 Conditions to the Obligation of the Company to Effect the Merger 73 Section 6.3 66 7.3 Conditions to the Obligation of ETP to Effect the Parent and Merger 74 Section 6.4 Frustration of Closing Conditions 75Sub 67

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 69 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 69 Section 6.3 Conditions to Obligation of ETP Parent to Effect the Merger 74 Section 6.4 Frustration of Closing Conditions 7570 ARTICLE VII.

Conditions to the Merger. Section 6.1 7.1 Conditions to Each Party’s Obligation to Effect the Merger 72 63 Section 6.2 7.2 Conditions to Obligation of the Company to Effect the Merger 73 64 Section 6.3 7.3 Conditions to Obligation Obligations of ETP Parent and Merger Sub to Effect the Merger 74 64 Section 6.4 7.4 Frustration of Closing Conditions 7565

Conditions to the Merger. Section 6.1 Conditions to Each Party’s Obligation to Effect the Merger 72 59 Section 6.2 Conditions to Obligation of the Company to Effect the Merger 73 59 Section 6.3 Conditions to Obligation Obligations of ETP Parent and Merger Sub to Effect the Merger 74 60 Section 6.4 Frustration of Closing Conditions 7561

Conditions to the Merger. Section 6.1 SECTION 5.01 Conditions to Each Party’s 's Obligation to Effect the Merger 72 Section 6.2 41 SECTION 5.02 Conditions to the Obligation of Holdings and the Company to Effect the Merger 73 Section 6.3 42 SECTION 5.03 Conditions to the Obligation of ETP Parent and Acquisition to Effect the Merger 74 Section 6.4 Frustration of Closing Conditions 7542