Funds. Without limiting the generality of Section 9.11, Parent shall cause to be provided to Purchaser, on a timely basis, all of the funds necessary to purchase all Shares that Purchaser becomes obligated to purchase pursuant to the Offer, and shall cause Purchaser to perform, on a timely basis, all of Purchaser’s obligations under this Agreement.
Appears in 8 contracts
Samples: Merger Agreement (CymaBay Therapeutics, Inc.), Merger Agreement (Immunomedics Inc), Merger Agreement (Gilead Sciences Inc)
Funds. Without limiting the generality of Section 9.11, Parent shall cause to be provided to Purchaser, on a timely basis, all of the funds necessary to purchase all Shares that Purchaser becomes obligated to purchase pursuant to the Offer, and shall cause Purchaser to perform, on a timely basis, all of Purchaser’s obligations under this Agreement. Parent and Purchaser shall, and each of Parent and Purchaser shall ensure that all of their respective Affiliates shall, tender any Shares held by them into the Offer.
Appears in 4 contracts
Samples: Merger Agreement (Intercept Pharmaceuticals, Inc.), Agreement and Plan of Merger (Array Biopharma Inc), Merger Agreement (Allergan PLC)
Funds. Without limiting the generality of Section 9.119.10, Parent shall cause to be provided to Purchaser, on a timely basis, Purchaser all of the funds necessary to purchase all any Shares that Purchaser becomes obligated to purchase pursuant to the Offer, and shall cause Purchaser to perform, on a timely basis, all of Purchaser’s obligations under this Agreement. Parent and Purchaser shall, and each of Parent and Purchaser shall ensure that all of their respective Affiliates shall, tender any Shares held by them into the Offer.
Appears in 3 contracts
Samples: Merger Agreement (J2 Global, Inc.), Merger Agreement (Everyday Health, Inc.), Merger Agreement (Volcano Corp)
Funds. Without limiting the generality of Section 9.119.10 and subject to Section 8, Parent shall cause to be provided to Purchaser, on a timely basis, Purchaser all of the funds necessary to purchase all any Shares that Purchaser becomes obligated to purchase pursuant to the Offer, and shall cause Purchaser to perform, on a timely basis, all of Purchaser’s obligations under this Agreement. Parent and Purchaser shall, and each of Parent and Purchaser shall ensure that all of their respective Affiliates shall, tender any Shares held by them into the Offer.
Appears in 2 contracts
Samples: Merger Agreement (Cubist Pharmaceuticals Inc), Merger Agreement (Trius Therapeutics Inc)
Funds. Without limiting the generality of Section Section 9.11, Parent shall cause to be provided to Purchaser, on a timely basis, all of the funds necessary to purchase all Shares that Purchaser becomes obligated to purchase pursuant to the Offer, and shall cause Purchaser to perform, on a timely basis, all of Purchaser’s obligations under this Agreement.
Appears in 2 contracts
Samples: Merger Agreement (Gilead Sciences, Inc.), Merger Agreement (Gilead Sciences Inc)
Funds. Without limiting the generality of Section 9.119.10, Parent shall cause to be provided to Purchaser, on a timely basisbasis (and in any event prior to the Offer Acceptance Time), all of the funds necessary to purchase all Shares that Purchaser becomes obligated to purchase pursuant to the Offer, and shall cause Purchaser to perform, on a timely basis, all of Purchaser’s obligations under this Agreement. Parent and Purchaser shall, and each of Parent and Purchaser shall ensure that all of their respective controlled Affiliates shall, tender any Shares held by them into the Offer.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Decibel Therapeutics, Inc.), Merger Agreement (Checkmate Pharmaceuticals, Inc.)
Funds. Without limiting the generality of Section 9.11, Parent shall cause to be provided to Purchaser, on a timely basis, all of the funds necessary to purchase all Shares that Purchaser becomes obligated to purchase pursuant to the Offer, and shall cause Purchaser to perform, on a timely basis, all of Purchaser’s its obligations under this Agreement.
Appears in 2 contracts
Samples: Merger Agreement (AlerisLife Inc.), Agreement and Plan of Merger (Akcea Therapeutics, Inc.)
Funds. Without limiting the generality of Section 9.11, Parent shall cause to be provided to Purchaser, on a timely basis, all of the funds necessary to purchase all Shares that Purchaser becomes obligated to purchase pursuant to the Offer, and shall cause Purchaser to perform, and Purchaser shall perform, on a timely basis, all of Purchaser’s obligations under this Agreement. Parent and Purchaser shall, and each of Parent and Purchaser shall ensure that all of their respective Affiliates shall, tender any Shares held by them into the Offer.
Appears in 2 contracts
Samples: Merger Agreement (Cti Biopharma Corp), Merger Agreement (Cti Biopharma Corp)
Funds. Without limiting the generality of Subject to Section 9.118.3, Parent shall cause to be provided to Purchaser, on a timely basis, Purchaser all of the funds necessary to purchase all the Shares that Purchaser becomes obligated to purchase pursuant to the Offer, and shall cause Purchaser to perform, on a timely basis, all of Purchaser’s obligations under this Agreement. Parent and Purchaser shall, and each of Parent and Purchaser shall ensure that all of their respective controlled Affiliates shall, tender any Shares held by them into the Offer.
Appears in 2 contracts
Samples: Merger Agreement (Sientra, Inc.), Merger Agreement (Miramar Labs, Inc.)
Funds. Without limiting the generality of Section 9.118.16, Parent shall cause to be provided to Purchaser, on a timely basis, all of the funds necessary to purchase all Shares that Purchaser becomes obligated to purchase pursuant to the Offer, and shall cause Purchaser to perform, on a timely basis, all of Purchaser’s obligations under this Agreement. Parent and Purchaser shall, and each of Parent and Purchaser shall ensure that all of their respective Affiliates shall, tender any Shares held by them into the Offer.
Appears in 1 contract
Funds. Without limiting the generality of Section 9.119.10, Parent shall cause to be provided to Purchaser, on a timely basis, Purchaser all of the funds necessary to purchase all any Shares that Purchaser becomes obligated to purchase pursuant to the Offer, and shall cause Purchaser to perform, on a timely basis, all of Purchaser’s obligations under this Agreement.
Appears in 1 contract
Samples: Merger Agreement (Sequenom Inc)
Funds. Without limiting the generality of Section 9.119.10, Parent shall cause to be provided to Purchaser, on a timely basis, Purchaser all of the funds necessary to purchase all any Shares that Purchaser becomes obligated to purchase pursuant to the Offer, and shall cause Purchaser to perform, on a timely basis, all of Purchaser’s obligations under this Agreement. Parent and Purchaser shall, and each of Parent and Purchaser shall ensure that all of their respective controlled Affiliates shall, tender any Shares held by them into the Offer.
Appears in 1 contract
Funds. Without limiting the generality of Section 9.119.12, Parent shall cause to be provided to Purchaser, on a timely basis, all of the funds necessary to purchase all Shares that Purchaser becomes obligated to purchase pursuant to the Offer, and shall cause Purchaser to perform, on a timely basis, all of Purchaser’s obligations under this Agreement.
Appears in 1 contract
Funds. Without limiting the generality of Section 9.119.10 and subject to Section 8.3, Parent shall cause to be provided to Purchaser, on a timely basis, Purchaser all of the funds necessary to purchase all any Shares that Purchaser becomes obligated to purchase pursuant to the Offer, and shall cause Purchaser to perform, on a timely basis, all of Purchaser’s obligations under this Agreement. Parent and Purchaser shall, and each of Parent and Purchaser shall ensure that all of their respective Affiliates shall, tender any Shares held by them into the Offer.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Ambit Biosciences Corp)
Funds. Without limiting the generality of Section 9.11, Parent shall cause to be provided to Purchaser, on a timely basis, all of the funds necessary to purchase all Shares that Purchaser becomes obligated to purchase pursuant to the Offer, and Purchaser shall cause Purchaser to perform, on a timely basis, all of Purchaser’s obligations under this Agreement. Parent and Purchaser shall, and each of Parent and Purchaser shall ensure that all of their respective Affiliates shall, tender any Shares held by them into the Offer.
Appears in 1 contract
Funds. Without limiting the generality of Section 9.11, Parent shall cause to be provided to Purchaser, on a timely basis, all of the funds necessary to purchase all Shares that Purchaser becomes obligated to purchase pursuant to the Offer, and shall cause Purchaser to perform, on a timely basis, all of Purchaser’s obligations under this Agreement. To the extent reasonably requested by Parent, the Company shall cooperate with Parent and/or Purchaser to make a loan or otherwise provide to Parent or Purchaser available cash of the Company as of the Closing.
Appears in 1 contract
