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 8 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 of the Company to consummate the transactions contemplated hereby shall to be performed by the Company in connection with the Closing is subject to the satisfaction or written waiver by the Company, at or prior to the Closing Date, of each of the following conditions:
Appears in 6 contracts
Samples: Business Combination Agreement (VASO Corp), Business Combination Agreement (Achari Ventures Holdings Corp. I), Business Combination Agreement (Banyan Acquisition Corp)
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate the transactions contemplated hereby shall be subject to (unless waived in writing by the Company) the satisfaction at or prior to the Closing of each of the following conditionsconditions prior to or at the Closing:
Appears in 4 contracts
Samples: Equity Commitment Agreement (Infrastructure & Energy Alternatives, Inc.), Equity Commitment Agreement (Infrastructure & Energy Alternatives, Inc.), Equity Commitment Agreement (Infrastructure & Energy Alternatives, Inc.)
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 waiver by the Company, on or prior to the Closing of each Date, of the following further conditions:
Appears in 4 contracts
Samples: Merger Agreement (Abm Industries Inc /De/), Merger Agreement (Attunity LTD), Merger Agreement (Attunity 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 obligations of the Company to consummate effect the transactions contemplated hereby Closing shall be subject to the satisfaction at or prior to the Closing of each waiver of the following conditions:
Appears in 4 contracts
Samples: Framework Agreement (Medallion Financial Corp), Framework Agreement (Sports Properties Acquisition Corp.), Framework Agreement (NRDC Acquisition Corp.)
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 hereunder to consummate the transactions contemplated hereby shall be subject Contemplated Transactions are subject, at the option of the Company, to the satisfaction at or fulfillment prior to or at the Closing of each of the following further conditions:
Appears in 3 contracts
Samples: Stock Purchase and Recapitalization Agreement (Monogram Energy, Inc.), Stock Purchase and Recapitalization Agreement (Bico Inc/Pa), Merger Agreement (Sonoma College Inc)
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 obligations of the Company to consummate the transactions contemplated hereby to occur at the Closing shall be subject to the satisfaction at or waiver thereof prior to the Closing of each of the following conditions:
Appears in 3 contracts
Samples: Investment Agreement (Us Office Products Co), Investment Agreement (Us Office Products Co), Investment Agreement (Millennium Pharmaceuticals Inc)
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate the transactions contemplated hereby shall be hereunder are subject to the fulfillment or satisfaction at or prior to the Closing of each of the following conditions:conditions (any one or more of which may be waived by the Company, but only in writing):
Appears in 3 contracts
Samples: Asset Purchase Agreement (Transdigm Holding Co), Asset Purchase Agreement (Transtechnology Corp), Purchase Agreement (Comarco Inc)
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate the transactions contemplated hereby Merger and the 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 3 contracts
Samples: Agreement and Plan of Merger and Reorganization (Altimmune, Inc.), Merger Agreement (Arrowhead Research Corp), Merger Agreement (Red Hat Inc)
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate the transactions contemplated hereby to occur at the Closing shall be subject to the satisfaction at or waiver thereof prior to the Closing of each of the following conditions:: (a)
Appears in 3 contracts
Samples: Investment Agreement (Us Office Products Co), Investment Agreement (Us Office Products Co), Investment Agreement (Us Office Products Co)
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 or waiver at or prior to the Closing of each of the following conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Liqui Box Corp), Merger Agreement (Davis Samuel B)
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate the transactions contemplated hereby hereunder shall be subject to the satisfaction at or prior to the Closing of each of the following conditionsconditions on or prior to the Closing, unless waived by the Company in writing:
Appears in 2 contracts
Samples: Share Exchange Agreement (Roundys Inc), Subscription Agreement (Spotless Group LTD)
Conditions to the Obligations of the Company. The obligation of the Company to consummate the transactions contemplated hereby shall to be performed by the Company, as applicable, in connection with the Closing is subject to the satisfaction or written waiver by the Company, at or prior to the Closing Date, of each of the following conditions:
Appears in 2 contracts
Samples: Business Combination Agreement (Rice Acquisition Corp. II), Business Combination Agreement (Rice Acquisition Corp.)
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate the transactions contemplated hereby to occur at the Closing shall be subject to the satisfaction at or waiver thereof by the Company prior to the Closing of each of the following conditions:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Perini Corp), Securities Purchase Agreement (American International Group 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: Asset Purchase Agreement (Lifelogger Technologies Corp), Asset Purchase Agreement (Lifelogger Technologies Corp)
Conditions to the Obligations of the Company. The respective 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 2 contracts
Samples: Acquisition Agreement (NextWave Wireless LLC), Investment Agreement (Kmart Corp)
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 fulfillment at or prior to the Closing of each of the following conditions:conditions (any or all of which may be waived in whole or in part by the Company):
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ideanomics, Inc.), Merger Agreement (Ideanomics, Inc.)
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate the transactions contemplated hereby shall be Transactions, including the Company Merger, are subject to the satisfaction or waiver (where permissible) at or prior to the Closing of each of the following additional conditions:
Appears in 2 contracts
Samples: Merger Agreement (Breeze Holdings Acquisition Corp.), Merger Agreement (Breeze Holdings Acquisition Corp.)
Conditions to the Obligations of the Company. The obligation of the Company to consummate the Merger and the other transactions contemplated hereby in this Agreement shall be subject to the satisfaction at or prior to the Closing of each of the following conditionsconditions unless waived, in whole or in part, by the Company:
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization and Merger (Sea Coast Foods, Inc.), Merger Agreement (Aurora Foods Inc /De/)
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate the transactions contemplated hereby shall be Transactions, including the Exchanges, are subject to the satisfaction or waiver (where permissible) at or prior to the Closing of each of the following additional conditions:
Appears in 2 contracts
Samples: Business Combination Agreement (Wallbox N.V.), Business Combination Agreement (Kensington Capital Acquisition Corp. II)
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 transaction is also subject to the satisfaction satisfaction, or waiver by the Company, at or prior to the Closing of each Date of the following conditions:
Appears in 2 contracts
Samples: Merger Agreement (ConnectOne Bancorp, Inc.), Merger Agreement (Bancorp of New Jersey, Inc.)
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate the transactions contemplated hereby to occur at each Closing shall be subject to the satisfaction at or waiver thereof prior to the each Closing of each of the following conditions:
Appears in 2 contracts
Samples: Investment Agreement (Millennium Pharmaceuticals Inc), Investment Agreement (Millennium 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 at (or prior to waiver by the Shareholders’ Representative) as of the Closing of each of the following conditions:
Appears in 2 contracts
Samples: Business Combination Agreement (DT Cloud Acquisition Corp), Business Combination Agreement (Cetus Capital Acquisition Corp.)
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 or waiver (where permissible) at or prior to the Closing of each of the following additional conditions:
Appears in 2 contracts
Samples: Business Combination Agreement (Lion Electric Co), Business Combination Agreement (Northern Genesis Acquisition Corp.)
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate consummate, or cause to be consummated, the transactions contemplated hereby shall be Transactions at the Closing is subject to the satisfaction at or prior to the Closing of each of the following additional conditions, any one or more of which may be waived in writing by the Company:
Appears in 2 contracts
Samples: Business Combination Agreement (Jupiter Acquisition Corp), Business Combination Agreement (Bite Acquisition Corp.)
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; provided, however, that Company may, in its sole and absolute discretion, waive any or all of the following conditions:
Appears in 2 contracts
Samples: Plan Funding Agreement (Amryt Pharma PLC), Plan Funding Agreement (Novelion Therapeutics Inc.)
Conditions to the Obligations of the Company. The obligation of the Company to consummate the transactions contemplated hereby shall be Contemplated Transactions is subject to the satisfaction at (or waiver by the Company, to the extent permitted by applicable Law) on or prior to the Closing of each Date of the following conditions (other than conditions which by their nature will be satisfied at the Closing, but subject to the satisfaction of those 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 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 and the Stockholders in their sole discretion):
Appears in 1 contract
Samples: Merger Agreement (Marchex 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 of the Company to consummate the transactions contemplated hereby Merger and the 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
Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate the transactions contemplated hereby shall to be performed by it in connection with any Closing are, unless otherwise indicated, subject to the satisfaction at or prior to waiver by the Closing of each Company of the following conditionsconditions as of the Closing:
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 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
Samples: Merger Agreement (PLBY Group, Inc.)
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)
Conditions to the Obligations of the Company. The obligation obligations of the Company hereunder to consummate the transactions transaction contemplated hereby shall be subject to the satisfaction at or prior to the Closing of each Date of the following conditions:condition (which may be waived in whole or in part by the Company in its sole discretion):
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Vici Properties Inc.)
Conditions to the Obligations of the Company. The obligation of the Company to consummate effect the transactions contemplated hereby shall be Closing is subject to the satisfaction at or prior to the Closing of each of the following conditions, any and all of which may be waived in whole or in part by the Company:
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 to occur at each Closing are subject to the satisfaction at or prior to the Closing of each waiver of the following additional conditions:
Appears in 1 contract
Samples: Securities Purchase Agreement (Lexicon Pharmaceuticals, Inc./De)
Conditions to the Obligations of the Company. The obligation of the Company to consummate effect the transactions contemplated hereby Transactions shall be subject to the satisfaction or waiver by the Company 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 obligations of the Company to consummate the transactions contemplated hereby shall be Closing are subject to the satisfaction or (to the extent permitted by applicable Law) waiver by the Company, at or prior to the Closing Closing, of each of the following further 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 at the Closing is subject to the satisfaction at or prior to as of the Closing of each of the following conditions:conditions (any of which may be waived in whole or in part solely by the Company):
Appears in 1 contract
Samples: Recapitalization Agreement (Barracuda Networks Inc)
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 the transactions contemplated hereby shall be by the Transaction Agreements 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 1 contract
Samples: Merger Agreement (Convergys Corp)
Conditions to the Obligations of the Company. The obligation of the Company to consummate effect the transactions contemplated hereby shall be Closing is subject to the satisfaction at (or prior to the Closing extent permitted by applicable Law, waiver) of each of the following conditionsconditions at or before the Closing:
Appears in 1 contract
Samples: Investment Agreement (Perspective Therapeutics, Inc.)
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. The obligation obligations of the Company to consummate the transactions transaction contemplated hereby to occur at the Closing shall be subject to the satisfaction at or waiver thereof prior to or on the Closing of each Date of the following conditionscondition:
Appears in 1 contract
Samples: Securities Purchase Agreement (Infinity 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 subject to the satisfaction at (or prior to waiver by the Shareholders’ Representative) as of the Closing of each of the following conditions:
Appears in 1 contract
Samples: Merger Agreement (Mountain Crest Acquisition Corp. III)
Conditions to the Obligations of the Company. The obligation of the Company to consummate the transactions contemplated hereby shall be subject to Transactions is also conditioned upon the satisfaction or waiver by the Company, at or prior to the Closing Closing, of each of the following conditions:
Appears in 1 contract
Samples: Stock Purchase Agreement (First Bancshares Inc /MS/)
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 obligations of the Company to consummate the transactions contemplated hereby Closing shall be subject to the satisfaction at (or waiver by the Company) on or prior to the Closing of each of the following conditions:
Appears in 1 contract
