Common use of Consummation of Acquisition and Merger Clause in Contracts

Consummation of Acquisition and Merger. (i) Since December 31, 2006, there shall have not occurred any event, condition or circumstance that, either individually or in the aggregate, has had, or would reasonably be expected to have, a Merger MAC; (ii) On the Closing Date, the Merger shall have become effective in accordance with the terms of the Merger Agreement, the Certificate of Merger and the laws of the State of Delaware; and (iii) Administrative Agent shall have received an Officer’s Certificate of Company to the effect set forth in clauses (i) and (ii) above.

Consummation of Acquisition and Merger. (i) Since December 31, 2006, there shall have not occurred any event, condition or circumstance that, either individually or in the aggregate, has had, or would reasonably be expected to have, a Merger MAC; (ii) On the Closing Date, the Merger shall have become effective in accordance with the terms of the Merger Agreement, the Certificate of Merger and the laws of the State of Delaware; and (iii) Administrative Agent shall have received an Officer’s Certificate of Company Holdings to the effect set forth in clauses (i) and (ii) above.