Common use of Further Conditions to Obligation of IES to Effect the IES Merger Clause in Contracts

Further Conditions to Obligation of IES to Effect the IES Merger. The obligation of IES to effect the IES Merger shall be further subject to the satisfaction, on or prior to the Closing Date, of the following conditions, except as may be waived by IES in writing pursuant to Section 10.5: (a) Performance of Obligations. WPL (and/or its appropriate Subsidiaries) and Interstate (and/or its appropriate Subsidiaries) will have performed their agreements and covenants contained in Sections 7.3 and 7.4 and will have performed in all material respects their other agreements and covenants contained in or contemplated by this Agreement, and the WPL/IES and Interstate/IES Stock Option Agreements required to be performed by each of them at or prior to the Effective Time.