OBLIGATION OF MERGER SUB. Whenever this Agreement requires Merger Sub (or its successors) to take any action prior to the Effective Time, such requirement shall be deemed to include an undertaking on the part of Parent to cause Merger Sub to take such action and a guarantee of the performance thereof.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Western Refining, Inc.), Agreement and Plan of Merger (Devon Energy Corp/De), Agreement and Plan of Merger (Giant Industries Inc)