Effectiveness of the Merger. The Merger shall have been effected.
Effectiveness of the Merger. The Target and its subsidiaries shall have no rights or obligations under the Loan Documents until the consummation of the Acquisition and the Merger, and any representations and warranties of (or related to) the Target or any of its subsidiaries under the Loan Documents shall not become effective until such time. Upon consummation of the Acquisition, the Target shall succeed to all the rights and obligations of Merger Sub and its subsidiaries under the Loan Documents to which it is a party and all representations and warranties of the Target shall become effective as of the date hereof, without any further action by any Person.
Effectiveness of the Merger. The Target shall have no rights or obligations hereunder until the consummation of the Acquisition and the merger with Merger Sub and any representations and warranties of the Target hereunder shall not become effective until such time. Upon consummation of the Acquisition, the Target shall succeed to all the rights and obligations of Merger Sub under this Agreement and the other Loan Documents to which they are a party and all representations and warranties of the Target shall become effective as of the date hereof, without any further action by any Person.
Effectiveness of the Merger. The Merger (including the related split-off transaction) shall have been effected (or is simultaneously effected).
Effectiveness of the Merger. SunGard and its Subsidiaries shall have no rights or obligations hereunder until the consummation of the Merger and any representations and warranties of SunGard or any of its Subsidiaries hereunder shall not become effective until such time. Upon consummation of the Merger, SunGard shall succeed to all the rights and obligations of Solar Capital Corp. under this Agreement and all rights, obligations, representations and warranties of SunGard and its Subsidiaries shall become effective as of the date hereof, without any further action by any Person.
Effectiveness of the Merger. 2.1 The parties to this Agreement agree that, on the terms and subject to the conditions of this Agreement and the Agreement and Plan of Merger, pursuant to Section 104H of the Companies Act, at the Effective Time, Merger Sub shall be merged with and into the Company, the separate corporate existence of Merger Sub shall thereupon cease, and the Company shall be the surviving company in the Merger.
2.2 The Merger shall be conditional on:
2.2.1 the satisfaction (or, if capable of waiver, waiver in accordance with the terms of the Agreement and Plan of Merger) of each of the Merger Conditions; and
2.2.2 the issuance of the Certificate of Merger by the Registrar.
2.3 The Merger shall become effective upon the issuance of the Certificate of Merger by the Registrar at the time and date shown on the Certificate of Merger.
Effectiveness of the Merger. 2.1 The parties to this Agreement agree that, on the terms and subject to the conditions of this Agreement and the Agreement and Plan of Merger and in accordance with the Companies Act, at the Effective Time, the Company shall be merged with and into Merger Sub with Merger Sub surviving such Merger and continuing as the surviving Bermuda exempted company and the Company shall cease to exist and shall be struck off the Register of Companies in Bermuda.
2.2 The Merger shall be conditional on:
2.2.1 the satisfaction (or, if capable of waiver, waiver in accordance with the terms of the Agreement and Plan of Merger) on or before the Walk-Away Date of each of the Merger Conditions; and
2.2.2 the issuance of the Certificate of Merger by the Registrar of Companies.
2.3 The Merger shall become effective at the time and date shown on the Certificate of Merger issued by the Registrar of Companies in Bermuda.
Effectiveness of the Merger. Neiman Marcus shall have no rights or obligations hereunder until the consummation of the Merger and any representations and warranties of Neiman Marcus hereunder shall not become effective until such time. Upon consummation of the Merger, Neiman Marcus succeed to all the rights and obligations of Merger Sub as the Borrower under this Agreement and all representations and warranties of Neiman Marcus as the Borrower shall become effective as of the date hereof, without any further action by any Person.
Effectiveness of the Merger. The Company shall have no rights or obligations hereunder until the consummation of the Merger and any representations and warranties of the Company hereunder shall not become effective until such time. Upon consummation of the Merger, the Company shall succeed to all the rights and obligations of MergerCo under this Agreement and all representations and warranties of the Company shall become effective as of the date hereof, without any further action by such Person.
Effectiveness of the Merger. The Target Companies and their subsidiaries shall have no rights or obligations under the Loan Documents until the consummation of the Acquisition, and any representations and warranties of (or related to) the Target Companies or any of their subsidiaries under the Loan Documents shall not become effective until such time.
