PERFORMANCE BY PARENT AND SUB. Except as otherwise agreed in writing, each of Parent and Sub shall have performed in all material respects all obligations and agreements, and complied in all material respects with all covenants, contained in this Agreement to be performed or complied with by it on or prior to the Closing Date, and the Company shall have received a certificate to this effect from a senior financial officer of Parent.
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Samples: Agreement and Plan of Merger (Nexstar Pharmaceuticals Inc), Agreement and Plan of Merger (Gilead Sciences Inc), Agreement and Plan of Merger (Warburg Pincus Investors Lp)
PERFORMANCE BY PARENT AND SUB. Except as otherwise agreed in writing, each Each of the Parent and Sub shall have performed in all material respects all obligations and agreements, and complied in all material respects with all covenantscovenants and conditions, contained in Sections 1.3 and 2.4 of this Agreement to be performed or complied with by it on or prior to the Closing Date, and the Company shall have received a certificate to this effect from a senior financial officer of Parent.
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