Conditions to the Obligations of the Company. The obligation of the Company to consummate the transactions contemplated hereby shall be subject to the satisfaction at or prior to the Closing of each of the following conditions:
Appears in 10 contracts
Samples: Investment Agreement (Bally Total Fitness Holding Corp), Investment Agreement (Bally Total Fitness Holding Corp), Stock Purchase Agreement (Hexcel Corp /De/)
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate the transactions contemplated hereby shall be by this Agreement are subject to the satisfaction at or prior to the Closing of each of the following conditionsconditions on or before the Closing Date:
Appears in 10 contracts
Samples: Agreement and Plan of Merger (Evolent Health, Inc.), Agreement and Plan of Merger (Signet Jewelers LTD), Agreement and Plan of Merger (Prestige Brands Holdings, Inc.)
Conditions to the Obligations of the Company. The Each and every obligation of the Company under this Agreement to consummate be performed on or before the transactions contemplated hereby Closing Date shall be subject to the satisfaction at satisfaction, on or prior to before the Closing Date, of each of the following conditions, unless waived in writing by the Company:
Appears in 4 contracts
Samples: Stock Purchase Agreement (Lithium Technology Corp), Stock Purchase Agreement (Lithium Technology Corp), Stock Purchase Agreement (Hagens Eduard)
Conditions to the Obligations of the Company. The obligation of the Company to consummate the transactions contemplated hereby by this Agreement shall be subject to the satisfaction at fulfillment or waiver by the Company on or prior to the Closing of each Date (unless otherwise specified) of the following conditions:
Appears in 4 contracts
Samples: Investment Agreement (Capital Senior Living Corp), Investment Agreement (Capital Senior Living Corp), Standby Purchase Agreement (Central European Media Enterprises LTD)
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate effect the transactions contemplated hereby shall be are subject to the satisfaction satisfaction, at or prior to before the Closing Closing, of each of the following conditions:
Appears in 4 contracts
Samples: Asset Purchase Agreement (Vista Medical Technologies Inc), Asset Purchase Agreement (Purchasesoft Inc), Asset Purchase Agreement (Purchasesoft Inc)
Conditions to the Obligations of the Company. The obligation of the Company to consummate the transactions contemplated hereby by this Agreement shall be subject to the satisfaction at fulfillment or waiver by the Company on or prior to the Closing of each Date of the following conditions:
Appears in 4 contracts
Samples: Subscription Agreement (Central European Media Enterprises LTD), Subscription Agreement (Time Warner Inc.), Subscription Agreement (Central European Media Enterprises LTD)
Conditions to the Obligations of the Company. The obligation of the Company to consummate the transactions contemplated hereby shall be by this Agreement are subject to the satisfaction at or fulfillment, prior to or at the Closing of each Closing, of the following conditionsadditional conditions precedent:
Appears in 3 contracts
Samples: Stock Purchase Agreement (Daka International Inc), Stock Purchase Agreement (Daka International Inc), Stock Purchase Agreement (Daka International Inc)
Conditions to the Obligations of the Company. The obligation of the Company to consummate the transactions contemplated hereby by this Agreement shall be subject to the satisfaction fulfillment at or prior to the Closing of each of the following conditions:
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Aehr Test Systems), Common Stock Purchase Agreement (Aehr Test Systems), Securities Purchase Agreement (Ista Pharmaceuticals Inc)
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate the transactions contemplated hereby shall be by this Agreement are subject to the satisfaction or waiver, at or prior to before the Closing Closing, of each of the following conditions:
Appears in 3 contracts
Samples: Exchange Agreement (Iconic Brands, Inc.), Warrant Exchange Agreement (hopTo Inc.), Warrant Exchange Agreement (Sphere 3D Corp)
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate the transactions contemplated hereby by this Agreement shall be subject to the satisfaction satisfaction, or waiver in writing by the Company, at or prior to the Closing of each of the following conditions:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (RCS Capital Corp), Agreement and Plan of Merger (FTT Holdings, Inc.), Agreement and Plan of Merger (Agco Corp /De)
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate the transactions contemplated hereby shall be by this Agreement are subject to the satisfaction at or prior to the Closing of each of the following conditionsconditions as of the Closing Date:
Appears in 3 contracts
Samples: Contribution Agreement (Liquid Holdings Group LLC), Contribution Agreement (Liquid Holdings Group LLC), Purchase Agreement (Tgfin Holdings Inc)
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate the transactions contemplated hereby shall be by this Agreement are subject to the satisfaction at or prior to the Closing of each of the following further conditions:
Appears in 3 contracts
Samples: Stock Purchase Agreement (Getting Ready Corp), Stock Purchase Agreement (Clicknsettle Com Inc), Stock Purchase Agreement (eXegenics Inc)
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate the transactions contemplated hereby shall be under Section 1.2 of this Agreement are subject to the satisfaction at fulfillment, on or prior to before the Closing Date, of each of the following conditions:
Appears in 3 contracts
Samples: Series C Convertible Preferred (Audible Inc), Convertible Preferred Stock Purchase Agreement (Power Efficiency Corp), Stock Purchase Agreement (Epix Medical Inc)
Conditions to the Obligations of the Company. The obligation of the Company to consummate the transactions contemplated hereby shall be by this Agreement is subject to the satisfaction or waiver, at or prior to the Closing Date, of each of the following conditions:
Appears in 2 contracts
Samples: Exchange Agreement (Charah Solutions, Inc.), Series a Preferred Stock (Charah Solutions, Inc.)
Conditions to the Obligations of the Company. The obligation of the Company to consummate the transactions contemplated hereby by this Agreement shall be subject to the satisfaction fulfillment at or prior to the Closing of each of the following conditions:
Appears in 2 contracts
Samples: Amended and Restated Asset Purchase Agreement (Lifelogger Technologies Corp), Asset Purchase Agreement (Lifelogger Technologies Corp)
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate the transactions contemplated hereby shall be under subsection 1.2 of this Agreement are subject to the satisfaction at fulfillment, on or prior to before the Closing Date, of each of the following conditions:
Appears in 2 contracts
Samples: Note Agreement (Norris Communications Corp), Convertible Preferred Stock Purchase Agreement (Sequoia Software Corp)
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate the transactions contemplated hereby shall be under this Agreement are subject to the satisfaction satisfaction, at or prior to before the Closing Closing, of each of the following conditions:
Appears in 2 contracts
Samples: Amended Agreement and Plan of Merger (Pretoria Resources Two, Inc), Agreement and Plan of Merger (Pretoria Resources Two, Inc)
Conditions to the Obligations of the Company. The obligation of the Company to consummate the transactions contemplated hereby shall be by this Agreement is subject to the satisfaction at or prior to the Closing of each of the following conditions:conditions (unless waived in writing, to the extent permitted by applicable Law, by the Company):
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Fox Factory Holding Corp), Agreement and Plan of Merger (Compass Group Diversified Holdings LLC)
Conditions to the Obligations of the Company. The obligation of the Company to consummate the transactions contemplated hereby shall be by this Agreement is subject to the satisfaction at or prior to the Closing of each of the following conditions:conditions (unless waived, to the extent permitted by applicable Law, by the Company):
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Compass Group Diversified Holdings LLC), Agreement and Plan of Merger (Forest Laboratories Inc)
Conditions to the Obligations of the Company. The obligation of the Company to consummate the transactions contemplated hereby by this Agreement shall be subject to the satisfaction at or fulfillment prior to or at the Closing of each of the following conditions:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Dov Pharmaceutical Inc), Securities Purchase Agreement (Dov Pharmaceutical Inc)
Conditions to the Obligations of the Company. The obligation of the Company to consummate the transactions contemplated hereby by this Agreement shall be subject to the satisfaction at satisfaction, on or prior to the Closing Date, of each of the following conditions:conditions (any of which may be waived in writing by the Company in its sole discretion):
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Informedics Inc), Agreement and Plan of Merger (Lycos Inc)
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate the transactions contemplated hereby by this Agreement shall be subject to the satisfaction fulfillment at or prior to the Closing of each of the following conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (I Link Inc), Agreement and Plan of Merger (I Link Inc)
Conditions to the Obligations of the Company. The obligation of the Company to consummate the transactions contemplated hereby shall be by this Agreement is subject to the satisfaction or, to the extent permitted, waiver in writing at or prior to the Closing of each of the following conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Valeant Pharmaceuticals International, Inc.)
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate the transactions contemplated hereby shall be by this Agreement is subject to the satisfaction at or prior to the Closing of each of the following conditions:conditions (unless waived, to the extent permitted by applicable Law, by the Company):
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Biltmore Surgery Center Holdings Inc), Agreement and Plan of Merger (Iasis Healthcare Corp)
Conditions to the Obligations of the Company. The obligation ---------------------------------------------- of the Company to consummate the transactions contemplated hereby by this Agreement shall be subject to the satisfaction fulfillment at or prior to the Closing of each of the following conditions:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Lifecell Corp), Securities Purchase Agreement (Lifecell Corp)
Conditions to the Obligations of the Company. The obligation obligations of the Company under this Agreement to consummate the transactions contemplated hereby shall be issue and deliver Shares to a Purchaser are subject to the satisfaction at satisfaction, on or prior to the Closing of each Date, of the following conditions, any of which may be waived in whole or in part by the Company:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Iesi Tx Corp), Stock Purchase Agreement (Iesi Corp)
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate the transactions contemplated hereby shall be are subject to the satisfaction at satisfaction, on or prior to the Closing of each Stage Two Closing, of the following further conditions:
Appears in 2 contracts
Samples: Financing Agreement (Golden Properties Ltd.), Financing Agreement (Abtech Holdings, Inc.)
Conditions to the Obligations of the Company. The obligation of the Company to consummate the transactions contemplated hereby shall be by this Agreement is subject to the satisfaction at or prior to the Closing of each of following conditions (unless waived, to the following conditions:extent permitted by applicable Law, by the Company):
Appears in 2 contracts
Samples: Share Purchase Agreement (Weichai America Corp.), Share Purchase Agreement (Power Solutions International, Inc.)
Conditions to the Obligations of the Company. The obligation of the Company to consummate the transactions contemplated hereby shall be by this Agreement is subject to the satisfaction at or prior to the Closing of each of the following conditionsconditions precedent on or before the Closing Date:
Appears in 2 contracts
Samples: Reorganization and Exchange Agreement (Delta Funding Residual Exchange Co LLC), Reorganization and Exchange Agreement (Delta Funding Residual Management Inc)
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate the transactions contemplated hereby shall be under this Agreement are subject to the satisfaction at fulfillment, on or prior to before the Closing Date, of each of the following conditions:
Appears in 1 contract
Samples: Securities Purchase Agreement (Changing World Technologies, Inc.)
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate the transactions contemplated hereby shall be by this Agreement subject to the satisfaction at (or prior to waiver by the Stockholders’ Representative) as of the Closing of each of the following conditions:
Appears in 1 contract
Conditions to the Obligations of the Company. The obligation Unless waived in writing by the Company and Acquisition, the obligations of the Company and Acquisition to consummate the transactions contemplated hereby shall be by this Agreement are subject to the satisfaction at or prior to the Closing of each Date of the following conditions:
Appears in 1 contract
Samples: Agreement and Plan of Reorganization and Merger (Cobancorp Inc)
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate the transactions contemplated hereby shall be at the Closing are subject to the satisfaction at or prior to the Closing of each of the following conditions:conditions on or before the Closing Date (unless otherwise stated or otherwise waived by the Company in writing):
Appears in 1 contract
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate the transactions contemplated hereby shall be by this Agreement are subject to the satisfaction at or prior to the Closing of each waiver of the following conditionsconditions on or before the Closing Date:
Appears in 1 contract
Conditions to the Obligations of the Company. The obligation of the Company to consummate effect the transactions transaction contemplated hereby by this Agreement shall be subject to the satisfaction fulfillment at or prior to the Closing of each Date of the following additional conditions:
Appears in 1 contract
Samples: Stock Purchase Agreement (Golden State Vintners Inc)
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate complete the transactions contemplated hereby shall be by this Agreement are subject to the satisfaction fulfillment at or prior to before the Closing of each of the following conditions:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Inet Technologies Inc)
Conditions to the Obligations of the Company. The obligation of the Company to consummate the transactions contemplated hereby shall be Purchaser under this Agreement is, at its option, subject to the satisfaction at satisfaction, on or prior to before the Closing of each Date, of the following conditions:
Appears in 1 contract
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate the transactions contemplated hereby shall be are subject to the satisfaction at or prior to the Closing as of each Closing Date of the following conditions:
Appears in 1 contract
Samples: Exchange Agreement (Albany International Corp /De/)
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate the transactions contemplated hereby shall be Contemplated Transactions are subject to the satisfaction at satisfaction, on or prior to the First Closing Date, of each of the following conditionsconditions precedent:
Appears in 1 contract
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate the transactions contemplated hereby shall be are subject to the satisfaction at or prior to as of the Closing of each Date of the following conditions:
Appears in 1 contract
Samples: Exchange Agreement (Albany International Corp /De/)
Conditions to the Obligations of the Company. F-38 The obligation obligations of the Company to consummate the transactions contemplated hereby by this Agreement shall be subject to the satisfaction at satisfaction, on or prior to before the Closing Date, of each of the following conditionsconditions unless waived in writing by the Company:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Citizens Utilities Co)
Conditions to the Obligations of the Company. The obligation of the Company to consummate the transactions contemplated hereby by this Agreement shall be subject to the satisfaction at fulfillment or waiver by the Company on or prior to the Subscription Closing of each Date of the following conditions:
Appears in 1 contract
Samples: Subscription and Equity Commitment Agreement (Central European Media Enterprises LTD)
Conditions to the Obligations of the Company. The obligation of the Company to consummate the transactions contemplated hereby shall be by this Agreement is subject to the satisfaction at of the following additional conditions on or prior to the Closing Date, any one or more of each of which may be waived in writing by the following conditionsCompany:
Appears in 1 contract
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate the transactions contemplated hereby shall be under Section 1.2 of this Agreement are subject to the satisfaction at fulfillment, on or prior to before the Closing Date, of each of the following conditions:
Appears in 1 contract
Conditions to the Obligations of the Company. The obligation obligations of the -------------------------------------------- Company to consummate the transactions contemplated hereby shall be under subsection 1(b) of this Agreement are subject to fulfillment, on or before the satisfaction at or prior to the applicable Closing Date, of each of the following conditions:
Appears in 1 contract
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate the transactions contemplated hereby shall be Transactions are subject to the satisfaction at or prior to the Closing of each waiver of the following conditionsconditions on or before the Closing Date:
Appears in 1 contract
Conditions to the Obligations of the Company. The obligation of the -------------------------------------------- Company to consummate effect the transactions transaction contemplated hereby by this Agreement shall be subject to the satisfaction fulfillment at or prior to the Closing of each Date of the following additional conditions:
Appears in 1 contract
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate effect the transactions contemplated hereby by this Agreement shall be subject to the satisfaction fulfillment at or prior to the Closing of each Date of the following additional conditions:
Appears in 1 contract
Samples: Securities Purchase Agreement (Golden State Vintners Inc)
Conditions to the Obligations of the Company. The obligation of the Company to consummate the transactions contemplated hereby shall be by this Agreement is subject to the satisfaction at fulfillment (or prior to waiver) on or before the Closing of each Date of the following conditionsfollowing:
Appears in 1 contract
Conditions to the Obligations of the Company. The obligation of the Company to consummate the transactions contemplated hereby shall be by this Agreement are subject to the satisfaction at or prior to the Closing of each of the following conditionsconditions on or before the Closing Date:
Appears in 1 contract
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate effect the transactions contemplated hereby Contemplated Transactions shall be subject to the satisfaction at on or prior to the Closing Date of each of the following conditionsconditions unless waived by the Company:
Appears in 1 contract
Conditions to the Obligations of the Company. The obligation of the Company to consummate the transactions contemplated hereby in this Agreement shall be subject to the satisfaction at or prior to the Closing of each of the following conditions:
Appears in 1 contract
Conditions to the Obligations of the Company. The obligation of the Company to consummate the transactions contemplated hereby shall be by this Agreement to take place at the Closing is subject to the satisfaction at or prior or, to the Closing of each extent permitted by applicable Law, waiver of the following conditionsconditions on or before the Closing Date:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Charles River Laboratories International, Inc.)
Conditions to the Obligations of the Company. UNDER THIS AGREEMENT. The obligation obligations of the Company to consummate the transactions contemplated hereby under this Agreement shall be further subject to the satisfaction or waiver, at or prior to the Closing of each Date, of the following conditions:
Appears in 1 contract
Conditions to the Obligations of the Company. The obligation of the Company to consummate the transactions contemplated hereby shall be by this Agreement on the Closing Date is subject to the satisfaction at or prior to the Closing of each of the following conditionsconditions precedent or execution and delivery to the Company of the following agreements, documents or instruments, as the case may be:
Appears in 1 contract
Samples: Securities Purchase Agreement (Crossroads Systems Inc)
Conditions to the Obligations of the Company. The obligation of -------------------------------------------- the Company to consummate effect the transactions contemplated hereby by this Agreement shall be subject to the satisfaction fulfillment at or prior to the Closing of each Date of the following additional conditions:
Appears in 1 contract
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate effect the transactions relating to the Closing contemplated hereby by this Agreement shall be subject to the satisfaction at or prior to the Closing of each waiver of the following additional conditions:
Appears in 1 contract
Samples: Investment and Securities Purchase Agreement (General Moly, Inc)
