Common use of Consummation of Merger Clause in Contracts

Consummation of Merger. (i) All conditions to the Merger set forth in the Merger Agreement as in effect on the Merger Date shall have been satisfied or the fulfillment of any such conditions shall have been waived with the consent of Agents and Requisite Lenders; (ii) the Merger shall have become effective in accordance with the terms of the Merger Agreement and the Delaware General Corporation Law; (iii) Administrative Agent shall have received satisfactory evidence of the filing of the documents with the Secretary of State of the State of Delaware effecting the Merger on the Merger Date; (iv) the aggregate cash consideration for the shares of DAH Common Stock to be acquired in any manner whatsoever in connection with the Tender Offer and the Merger shall not exceed $182,100,000; (v) Transaction Costs incurred as of the Merger Date (including any such amounts incurred on or before the Closing Date) shall not exceed $16,300,000; (vi) Administrative Agent shall have received satisfactory evidence that the Second Merger will occur immediately after the Merger on the Merger Date; and (vii) Administrative Agent shall have received an Officers' Certificate of Company to the effect set forth in clauses (i)-(vi) above.

Consummation of Merger. (i) All conditions to the Acquisition and the Merger set forth in Section 7 of the Merger Agreement as in effect on the Merger Date shall have been satisfied or the fulfillment of any such conditions shall have been waived waived, in the case of a condition to the performance of the obligations of URS, with the consent of Agents and Requisite LendersAdministrative Agent; (ii) The Acquisition and the Merger shall have become effective concurrently with the making of the initial Loans in accordance with the terms of the Merger Agreement Agreement, no provision of which shall have been amended, supplemented, waived or otherwise modified in any respect without the prior written consent of Administrative Agent, and the Delaware General Corporation Lawlaws of the State of Delaware; (iii) Administrative Agent shall have received satisfactory evidence of the filing of the documents with the Delaware Secretary of State of the State of Delaware effecting the Merger on the Merger Closing Date; (iv) The Acquisition Consideration shall not exceed $50,000,000 and the aggregate cash total consideration for the shares preferred and common stock of DAH Common Stock Xxxxxxxx- Xxxxx to be acquired in any manner whatsoever in connection with the Tender Offer and the Merger Acquisition shall not exceed $182,100,000;120,000,000; and (v) Transaction Costs incurred as of the Merger Date (including any such amounts incurred on or before the Closing Date) shall not exceed $16,300,000; (vi) 10,000,000, and Administrative Agent shall have received satisfactory evidence that the Second Merger will occur immediately after the Merger on the Merger Date; and (vii) Administrative Agent shall have received an Officers' Certificate of Company to the effect set forth in clauses (i)-(vi) aboveits satisfaction to such effect.

Consummation of Merger. (i) All conditions to the Merger set forth in the Merger Agreement as in effect on the Merger Date shall have been satisfied or the fulfillment of any such conditions shall have been waived with the consent of Agents Agent and Requisite Lenders; (ii) the Merger shall have become effective in accordance with the terms of the Merger Agreement and Section 906 of the Delaware General New York Business Corporation Law; (iii) Administrative Agent shall have received satisfactory evidence of the filing of the documents with the Secretary New York Department of State of the State of Delaware effecting the Merger on the Merger Date; (iv) the aggregate cash consideration for the shares of DAH Milgray Common Stock to be acquired in any manner whatsoever in connection with the Tender Offer and the Merger shall not exceed $182,100,000101,000,000; (v) Transaction Costs incurred as of the Merger Date (including any such amounts incurred on or before the Closing Date) shall not exceed $16,300,000;6,000,000; and (vi) Administrative Agent shall have received satisfactory evidence that the Second Merger will occur immediately after the Merger on the Merger Date; and (vii) Administrative Agent shall have received an Officers' Certificate of Company to the effect set forth in clauses (i)-(vii)-(v) above.

Consummation of Merger. (i) All conditions to the Merger set forth in the Merger Agreement as in effect on the Merger Date shall have been satisfied or the fulfillment of any such conditions shall have been waived with the consent of Agents Administrative Agent and Requisite Lenders; (ii) the Merger shall have become effective in accordance with the terms of the Merger Agreement and the Delaware General Corporation Law; (iii) Administrative Agent shall have received satisfactory evidence of the filing of the documents with the Secretary of State of the State of Delaware effecting the Merger on the Merger Date; (iv) the aggregate cash consideration for the shares of DAH Shelby Common Stock to be acquired in any manner whatsoever in connection with the Tender Offer and the Merger shall not exceed approximately $182,100,000148.3 million in the aggregate or the Tender Offer Price; (v) Transaction Costs incurred as of the Merger Date (including any such amounts incurred on or before the Closing Date) shall not exceed $16,300,000; (vi) 10.5 million and Administrative Agent shall have received satisfactory evidence that the Second Merger will occur immediately after the Merger on the Merger Dateto its satisfaction to such effect; and (viivi) Administrative Agent shall have received an Officers' Certificate of Company to the effect set forth in clauses (i)-(vii)-(v) above.