Conditions to the Obligation of the Company. The obligation of the Company to consummate the Exchange and the other Transactions shall be subject to the satisfaction at or prior to the Closing of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 2 contracts
Samples: Recapitalization and Exchange Agreement, Recapitalization and Exchange Agreement (Installed Building Products, Inc.)
Conditions to the Obligation of the Company. The obligation of the Company to effect the Merger and otherwise consummate the Exchange and the other Transactions shall be transactions contemplated by this Agreement is subject to the satisfaction of each of the following conditions at or prior to the Closing of each of the following conditionsClosing, any of which may be waived, waived in writing, exclusively writing by the CompanyCompany in its sole discretion:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sorrento Therapeutics, Inc.), Agreement and Plan of Merger (Morgan Group Holding Co)
Conditions to the Obligation of the Company. The obligation of the Company to consummate the Exchange Merger and the other Transactions shall be subject to the satisfaction at or prior to before the Closing of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 1 contract
Samples: Agreement and Plan of Merger (IntraLinks Holdings, Inc.)
Conditions to the Obligation of the Company. The obligation of the Company to consummate the Exchange Merger and the other Transactions shall be subject to the satisfaction at or prior to the Closing of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Matinas BioPharma Holdings, Inc.)
Conditions to the Obligation of the Company. The obligation of the Company to consummate the Exchange Merger and the other Transactions shall be subject to the satisfaction at or prior to the Closing of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Amicus Therapeutics Inc)
Conditions to the Obligation of the Company. The obligation of the Company to consummate the Exchange and the other Transactions shall be Closing is subject to (unless waived by the Company) the satisfaction at or prior to the Closing of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 1 contract
Samples: Unit Purchase and Support Agreement (Horsehead Holding Corp)
Conditions to the Obligation of the Company. The obligation of the Company to consummate the Exchange and the other Transactions shall be transactions contemplated by this Agreement is subject to the satisfaction at satisfaction, on or prior to before the Closing Date, of each of the following conditions, express conditions (any of which may be waived, in writing, exclusively waived by the Company:, in whole or in part):
Appears in 1 contract
Samples: Agreement and Plan of Merger (Alkami Technology, Inc.)
