Execution and Delivery of Exhibits. On or before the Closing Date, (a) the Sellers shall have executed and delivered to the Buyer the Escrow Agreement, the Xxxx of Sale, the Lease, the Assumption Agreement and the Articles of Amendment, (b) the Stockholder and the other parties thereto shall have executed and delivered to the Buyer the Non-Competition Agreements, and (c) the Escrow Agent shall have executed and delivered to the Buyer the Escrow Agreement.
Execution and Delivery of Exhibits. The Merger Subsidiary shall have executed and delivered to the Company the Certificate of Merger. All Exhibits and Schedules shall have been completed and delivered to the Company.
Execution and Delivery of Exhibits. The Buyer shall have executed and delivered to the Company the Articles of Merger, the Surviving Corporation shall have executed and delivered to each of the Stockholder, Xx. Xxxxxx and Xx. Xxxxxxxx their respective Employment Agreement and to the Stockholder the Non-Competition Agreement, and the Parent shall have executed and delivered to the Stockholder the Registration Rights Agreement.
Execution and Delivery of Exhibits. On or before the Closing Date, the Seller shall have executed and delivered to the Buyer the Bill of Sale and the Assumption Agreement.
Execution and Delivery of Exhibits. On or before the Closing Date, ---------------------------------- (a) the Buyer shall have executed and delivered to the Sellers the Assumption Agreement, (b) the Buyer and DHS shall have executed and delivered to the Sellers and Horizon the Non-Competition Agreement and the First Refusal Agreement, and (c) DHS shall have filed the Certificate of Stock Designation and shall have executed and delivered to the Sellers the Registration Rights Agreement. In addition, the parties hereto, and DHS' existing lender, shall have reached agreement with respect to the terms, conditions and subordination provisions to be applicable to any "Redemption Notes" for purposes of Section 4.1 of the Certificate of Stock Designation (and such agreed terms shall have been included in the Certificate of Stock Designation, as filed with the Delaware Secretary of State).
Execution and Delivery of Exhibits. On or before the Effective Date, the Stockholders shall have executed and delivered to Commodore and the Company (as applicable) the Transaction Documents constituting Exhibits hereto.
Execution and Delivery of Exhibits. On or before the ----------------------------------- Closing Date: (a) the Company shall have executed and delivered to Mergerco the Certificate of Merger; (b) each of the Principal Stockholders shall have executed and delivered to all other parties thereto the Confidentiality Agreement (to which it is a party), the Subscription Agreement substantially in the form annexed hereto as Exhibit E (as hereinafter defined) and the --------- Stockholder Agreement substantially in the form annexed hereto as Exhibit F; --------- and (c) Kalpaxis shall have executed and delivered the Employment Agreement.
Execution and Delivery of Exhibits. Mergerco shall have ------------------------------------- executed and delivered to the Company the Certificate of Merger, and Tadeo and/or the Surviving Corporation (as applicable) shall hxxx executed and delivered to each of the Principal Stockholders duly executed counterparts of the Non-Competition Agreement, the Confidentiality Agreement, the Subscription Agreement, the Stockholder Agreement and the Employment Agreement.
Execution and Delivery of Exhibits. On or before the Closing Date, the Target shall have executed and delivered to the Transitory Company the appropriate Articles of Merger, and the Shareholders shall have executed and delivered to the other parties thereto the Subscription Agreement.
Execution and Delivery of Exhibits. The Transitory Company shall have executed and delivered to the Target the Articles of Merger.
