Common use of Necessary Property Clause in Contracts

Necessary Property. The Property constitutes all property and property rights now used or necessary for the conduct of the Company’s business in the manner and to the extent presently conducted by the Company. There exists no condition, restriction or reservation affecting the title to or utility of the Property (other than with respect the restrictions set forth in the Real Property Leases) or that would prevent the Surviving Company from enforcing its rights with respect to its Property immediately after the Effective Time to the same full extent that the Company could immediately prior to the Effective Time.

Appears in 2 contracts

Samples: Merger Agreement, Agreement and Plan of Merger (Memc Electronic Materials Inc)

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Necessary Property. The Property constitutes all property and property rights now used or necessary for the conduct of the Company’s business in the manner and to the extent presently conducted by the CompanyCompany and as presently planned to be conducted. There exists no condition, restriction or reservation affecting the title to or utility of the Property (other than with respect to the conditions, restrictions or reservations set forth in the Real Property Leases) or that would prevent the Surviving Company from enforcing its rights with respect to its Property immediately after the Effective Time Merger to the same full extent that the Company could immediately prior might continue to do so if the Effective TimeMerger contemplated hereby did not take place.

Appears in 1 contract

Samples: Merger Agreement (Ixia)

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Necessary Property. The Property constitutes all property and property rights now used or necessary for the conduct of the Company’s Company and its Subsidiaries’ business in the manner and to the extent presently conducted by the CompanyCompany and its Subsidiaries and as planned to be conducted. There exists no condition, restriction or reservation affecting the title to or utility of the Property (other than with respect the restrictions set forth in the Real Property Leases) or that would prevent the Surviving Company or any of its Subsidiaries from enforcing its rights with respect to its Property immediately after the Effective Time Merger to the same full extent that the Company could immediately prior or such Subsidiary might continue to do so if the Effective TimeMerger contemplated hereby did not take place.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ixia)

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