Obligations Performed. The Company shall have performed and complied with all agreements and conditions required by this Agreement to be performed or complied with by it prior to or at the Closing, except where the failure to perform or comply does not have, and is not likely to have, individually, or in the aggregate, a Material Adverse Consequence.
Appears in 3 contracts
Samples: Agreement and Plan of Merger and Investment Agreement (MCS Inc), Agreement and Plan of Merger and Investment Agreement (Simione Central Holdings Inc), Merger Agreement (Mestek Inc)
Obligations Performed. The Company shall have performed and complied --------------------- with all agreements agreements, conditions and conditions obligations required by this Agreement to be performed or complied with by it prior to or at the Closing, Closing except where the failure to perform or comply does for any failures which would not have, and is not likely to have, individually, or in the aggregate, have a Material Adverse ConsequenceEffect.
Appears in 1 contract
Samples: Merger Agreement (Guest Supply Inc)
Obligations Performed. The Company shall have performed and complied with all agreements and conditions required by this Agreement to be performed or complied with by it prior to or at the Closing, except where the failure to perform or comply does not have, and is not likely to have, individually, individually or in the aggregate, a Company Material Adverse Consequence.
Appears in 1 contract
Obligations Performed. The Company shall have performed and complied with all agreements agreements, conditions and conditions obligations required by this Agreement to be performed or complied with by it prior to or at the Closing, Closing except where the failure to perform or comply does for any failures which would not have, and is not likely to have, individually, or in the aggregate, have a Material Adverse ConsequenceEffect.
Appears in 1 contract
Samples: Merger Agreement (Sysco Corp)