Common use of Performance Guaranty Clause in Contracts

Performance Guaranty. Parent hereby guarantees the due, prompt and faithful performance and discharge by, and compliance with, all of the obligations, covenants, terms, conditions and undertakings of Merger Sub under this Agreement in accordance with the terms hereof, including any such obligations, covenants, terms, conditions and undertakings that are required to be performed, discharged or complied with following the Effective Time by the Surviving Corporation.

Appears in 24 contracts

Samples: Agreement and Plan of Merger (Frontier Communications Parent, Inc.), Agreement and Plan of Merger (Verizon Communications Inc), Agreement and Plan of Merger (Thoughtworks Holding, Inc.)

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Performance Guaranty. Parent hereby guarantees the due, prompt and faithful performance and discharge by, and compliance with, all of the obligations, covenants, terms, conditions and undertakings of Merger Sub under this Agreement in accordance with the terms hereof, including any such obligations, covenants, terms, conditions and undertakings that are required to be performed, discharged or complied with following the Effective Time by the Surviving Corporation.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Wyndham Hotels & Resorts, Inc.), Agreement and Plan of Merger (Wyndham Worldwide Corp), Agreement and Plan of Merger (La Quinta Holdings Inc.)

Performance Guaranty. Parent hereby guarantees the due, prompt and faithful performance and discharge by, and compliance with, all of the obligations, obligations covenants, terms, conditions and undertakings of the Merger Sub under this Agreement agreement in accordance with the terms hereof, hereof including any such obligations, covenants, terms, conditions and undertakings that are required to be performed, performed discharged or complied with following the Merger Effective Time by the Surviving CorporationTime.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (PRA International), Agreement and Plan of Merger (PRA International)

Performance Guaranty. Parent hereby guarantees the due, prompt prompt, and faithful performance and discharge by, and compliance with, all of the obligations, covenants, terms, conditions conditions, and undertakings of Merger Sub under this Agreement in accordance with the terms hereof, including any such obligations, covenants, terms, conditions conditions, and undertakings that are required to be performed, performed discharged or complied with following the Effective Time by the Surviving CorporationTime.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Habit Restaurants, Inc.)

Performance Guaranty. Parent hereby guarantees the due, prompt and faithful performance and discharge by, and compliance with, all of the obligations, covenants, terms, conditions and undertakings of Merger Sub under this Agreement in accordance with the terms hereof, including any such obligations, covenants, terms, conditions and undertakings that are required to be performed, performed discharged or complied with following the Effective Time by the Surviving CorporationTime.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Circor International Inc)

Performance Guaranty. Parent hereby guarantees the due, prompt and faithful performance and discharge by, and compliance with, all of the obligations, covenants, terms, conditions and undertakings of Merger Sub under this Agreement in accordance with the terms hereof, including any such obligations, covenants, terms, conditions and undertakings that are required to be performed, discharged or complied with following the Effective Time by the Surviving Corporation. SECTION 8.15.

Appears in 1 contract

Samples: Agreement and Plan of Merger

Performance Guaranty. Parent hereby guarantees the due, prompt and faithful performance and discharge by, and compliance with, all of the obligations, covenants, terms, conditions and undertakings of Merger Sub under this Agreement in accordance with the terms hereof, including any such obligations, covenants, terms, conditions and undertakings that are required to be performed, discharged or complied with following the Effective Time by the Surviving Corporation. 74 SECTION 8.15.

Appears in 1 contract

Samples: Agreement and Plan of Merger

Performance Guaranty. Parent hereby guarantees the due, prompt and faithful performance and discharge by, and compliance with, all of the obligations, 118 covenants, terms, conditions and undertakings of Merger Sub MergerCo under this Agreement in accordance with the terms hereof, including any such obligations, covenants, terms, conditions and undertakings that are required to be performed, discharged or complied with following the Effective Time by the Surviving Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Air Transport Services Group, Inc.)

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Performance Guaranty. Parent hereby guarantees the due, prompt and faithful performance and discharge by, and compliance with, all of the obligations, covenants, terms, conditions and undertakings of Merger Sub under this Agreement in accordance with the terms hereof, including any such obligations, covenants, terms, conditions and undertakings that are required to be performed, discharged or complied with following the Effective Time by the Surviving CorporationTime.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Duckhorn Portfolio, Inc.)

Performance Guaranty. Parent hereby guarantees the due, prompt and faithful performance and discharge by, and compliance with, all of the obligations, covenants, terms, conditions and undertakings of Merger Sub under this Agreement in accordance with the terms hereof, including excluding any such obligations, covenants, terms, conditions and undertakings that are required to be performed, discharged or complied with following the Effective Time by the Surviving CorporationEntity.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Buckeye Partners, L.P.)

Performance Guaranty. Parent hereby guarantees the due, prompt and faithful performance and discharge by, and compliance with, all of the obligations, covenants, terms, conditions and undertakings of MergerCo, Acquisition Partnership and Merger Sub Partnership under this Agreement in accordance with the terms hereof, including any such obligations, covenants, terms, conditions and undertakings that are required to be performed, discharged or complied with following the Effective Time by the Surviving Corporation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Gables Residential Trust)

Performance Guaranty. Parent hereby guarantees the due, prompt and faithful performance and discharge by, and compliance with, all of the obligations, covenants, terms, conditions and undertakings of Merger Sub under this Agreement in accordance with the terms hereof, including any such obligations, covenants, terms, conditions and undertakings that are required to be performed, discharged or complied with following the Effective Time by the Surviving CorporationCompany.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Tufin Software Technologies Ltd.)

Performance Guaranty. Parent hereby guarantees the due, prompt and faithful performance and discharge by, and compliance with, all of the obligations, covenants, terms, conditions and undertakings of Merger Sub under this Agreement agreement in accordance with the terms hereof, including any such obligations, covenants, terms, conditions and undertakings that are required to be performed, performed discharged or complied with following the Effective Time by the Surviving CorporationTime.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Par Pharmaceutical Companies, Inc.)

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