No Financing Condition. For the avoidance of doubt, the obligation of Parent and Merger Sub to close the transactions contemplated by this Agreement is not conditioned upon the consummation of the Financing and, accordingly, the Parties agree that a failure of Parent and Merger Sub to close the transactions contemplated by this Agreement resulting from a failure or inability to consummate the Financing constitutes a breach for purposes of this Agreement.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Terra Industries Inc), Agreement and Plan of Merger (CF Industries Holdings, Inc.), Agreement and Plan of Merger (CF Industries Holdings, Inc.)
No Financing Condition. For the avoidance of doubt, the obligation of Parent and Merger Sub Purchaser to close the transactions contemplated by this Agreement Transactions is not conditioned upon the consummation of the Financing any financing transaction and, accordingly, the Parties parties hereto agree that a failure of Parent and Merger Sub Purchaser to close the transactions contemplated by this Agreement Transactions resulting from a failure or inability to consummate the Financing any financing transaction constitutes a breach for purposes of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Intelligroup Inc), Agreement and Plan of Merger (Intelligroup Inc)
No Financing Condition. For the avoidance of doubt, the obligation of Parent and Merger Sub to close the transactions contemplated by this Agreement is conditioned upon the receipt of the Parent Stockholder Approval but is not conditioned upon the consummation of the Financing and, accordingly, the Parties agree that a failure of Parent and Merger Sub to close the transactions contemplated by this Agreement resulting from a failure or inability to consummate the Financing constitutes a breach for purposes of this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Terra Industries Inc)
No Financing Condition. For the avoidance of doubt, the obligation of Parent and Merger Sub Subsidiary to close the transactions contemplated by this Agreement is not conditioned upon the consummation of the Financing and, accordingly, the Parties parties hereto agree that a failure of Parent and Merger Sub Subsidiary to close the transactions contemplated by this Agreement resulting from a failure or inability to consummate the Financing constitutes a breach for purposes of this Agreement, enforceable subject to the limitations set forth in Section 9.02(c).
Appears in 1 contract
Samples: Escrow Agreement (Polymer Group Inc)
No Financing Condition. For the avoidance of doubt, the obligation of Parent and Merger Sub to close the transactions contemplated by this Agreement is conditioned upon the receipt of the Parent Stockholder Approval but is not conditioned upon the consummation of the Financing and, accordingly, the Parties agree that a failure of Parent and Merger Sub to close the transactions contemplated by this Agreement resulting from a failure or inability to consummate the Financing constitutes a breach for purposes of this Agreement.. 51
Appears in 1 contract
Samples: Agreement and Plan of Merger
