Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent to such effect.
Appears in 33 contracts
Samples: Merger Agreement (Primoris Services Corp), Merger Agreement (Willbros Group, Inc.\NEW\), Merger Agreement (Hanmi Financial Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an a senior executive officer of Parent to such effect.
Appears in 23 contracts
Samples: Agreement and Plan of Merger (Penn National Gaming Inc), Merger Agreement (Tropicana Las Vegas Hotel & Casino, Inc.), Agreement and Plan of Merger (Potomac Electric Power Co)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all material obligations required to be performed by it them under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of each of Parent and Merger Sub by an executive officer of each of Parent and Merger Sub, respectively, to such effect.
Appears in 11 contracts
Samples: Merger Agreement (Ares Management LLC), Merger Agreement (Ares Management LLC), Merger Agreement (Cincinnati Bell Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied in all material respects all obligations with the covenants and agreements required to be performed or complied with by it them under this Agreement at or prior to the Closing DateEffective Time, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an a duly authorized executive officer of Parent to such effect.; and
Appears in 10 contracts
Samples: Agreement and Plan of Merger (Allergan PLC), Merger Agreement (Willis Group Holdings PLC), Merger Agreement (Towers Watson & Co.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it them under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent to such effect.
Appears in 9 contracts
Samples: Merger Agreement (Dell Inc), Merger Agreement (Quest Software Inc), Merger Agreement (Quest Software Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied in all material respects with all obligations required to be performed or complied with by it them under this Agreement at or prior to the Closing DateEffective Time, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an a duly authorized executive officer of Parent to such effect.
Appears in 9 contracts
Samples: Merger Agreement (American Cannabis Company, Inc.), Merger Agreement (American Cannabis Company, Inc.), Merger Agreement (Radisys Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it them under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of each of Parent and Merger Sub by an executive officer of each of Parent and Merger Sub, respectively, to such effect.
Appears in 9 contracts
Samples: Merger Agreement (IsoPlexis Corp), Merger Agreement (Berkeley Lights, Inc.), Merger Agreement (Homefed Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it them under this Agreement at or prior to the Closing Date, ; and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive authorized officer of Parent to such effect.
Appears in 9 contracts
Samples: Merger Agreement (Bright Mountain Media, Inc.), Merger Agreement (Ellie Mae Inc), Agreement and Plan of Merger (GigOptix, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer the Chief Executive Officer or Chief Financial Officer of Parent to such effect.
Appears in 8 contracts
Samples: Merger Agreement (Conmed Corp), Merger Agreement (RR Donnelley & Sons Co), Merger Agreement (Bowne & Co Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all of its respective obligations required to be performed by it under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Parent by its Chief Executive Officer and Merger Sub by an executive officer of Parent Chief Financial Officer to such effect.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (ATRM Holdings, Inc.), Merger Agreement (Digirad Corp), Merger Agreement (Consolidated Communications Holdings, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it them under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an a senior executive officer of Parent to such effect.
Appears in 7 contracts
Samples: Merger Agreement (Blount International Inc), Merger Agreement (Textron Inc), Merger Agreement (Jones Group Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent to such effect.
Appears in 7 contracts
Samples: Merger Agreement (Harris Corp /De/), Merger Agreement (Exelis Inc.), Merger Agreement (Terraform Global, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it them under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent to such effect.; and
Appears in 6 contracts
Samples: Merger Agreement (STARLIMS Technologies LTD), Merger Agreement (Digimarc Corp), Merger Agreement (Hilb Rogal & Hobbs Co)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effect, in all obligations required respects) the covenants and agreements contained in this Agreement to be performed or complied with by it under this Agreement at or prior to or on the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent to such effect.
Appears in 6 contracts
Samples: Merger Agreement (Barry R G Corp /Oh/), Merger Agreement (Berkshire Hathaway Inc), Merger Agreement (LUBRIZOL Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects (or with respect to any obligation or agreement qualified by materiality or material adverse effect, in all respects) all obligations required and agreements, and complied in all material respects with all covenants, contained in this Agreement to be performed or complied with by it under this Agreement at or prior to or on the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent to such effect.
Appears in 6 contracts
Samples: Merger Agreement (Morgans Foods Inc), Merger Agreement (Goodman Networks Inc), Merger Agreement (Multiband Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of each of Parent and Merger Sub by an the respective chief executive officer and the chief financial officer of Parent each such entity to such effect.
Appears in 6 contracts
Samples: Merger Agreement (Sandridge Energy Inc), Merger Agreement (Arena Resources Inc), Merger Agreement (Kerr McGee Corp /De)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with, in all material respects respects, all obligations material agreements and covenants required to be performed or complied with by it them under this Agreement at or prior to the Closing Date, Date and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an the chief executive officer or the chief financial officer of Parent to such effect.
Appears in 6 contracts
Samples: Merger Agreement (Medytox Solutions, Inc.), Merger Agreement (CollabRx, Inc.), Merger Agreement (Amtech Systems Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it them under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent its respective Chief Executive Officer to such effecteffect dated as of the Closing Date.
Appears in 5 contracts
Samples: Merger Agreement (Synergx Systems Inc), Merger Agreement (Hirsch International Corp), Merger Agreement (Hirsch International Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations their agreements contained in this Agreement required to be performed by it under this Agreement at on or prior to the Closing Date, Effective Time and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Merger Sub and Parent to such that effect.
Appears in 5 contracts
Samples: Merger Agreement (Westaff Inc), Merger Agreement (Ace Cash Express Inc/Tx), Merger Agreement (Remedytemp Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer the Chief Executive Officer of Parent to such effect.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Archipelago Holdings Inc), Agreement and Plan of Merger (Archipelago Holdings Inc), Merger Agreement (Learning Care Group, Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied in all material respects (or with respect to any covenant or agreement qualified by materiality, in all obligations required respects) with the covenants and agreements contained in this Agreement to be performed or complied with by it under this Agreement at or prior to or on the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent to such effect.
Appears in 5 contracts
Samples: Merger Agreement (ICC Holdings, Inc.), Merger Agreement (ICC Holdings, Inc.), Merger Agreement (Alleghany Corp /De)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied in all material respects with all obligations agreements and covenants required by this Agreement to be performed or complied with by it under this Agreement at on or prior to the Closing DateEffective Time, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer Sub, dated as of Parent the Closing Date, to such the foregoing effect.
Appears in 5 contracts
Samples: Merger Agreement (Remark Media, Inc.), Merger Agreement (Banks.com, Inc.), Merger Agreement (Remark Media, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it them under this Agreement at or prior to the Closing Date, ; and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent to such effect.
Appears in 5 contracts
Samples: Merger Agreement (Ambarella Inc), Merger Agreement (TPCO Holding Corp.), Merger Agreement (TPCO Holding Corp.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all covenants and obligations required to be performed by it under this Agreement at or prior to the Closing Date, and the Company . The Partnership shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent to such effect.
Appears in 5 contracts
Samples: Merger Agreement (Martin Midstream Partners L.P.), Merger Agreement (Blueknight Energy Partners, L.P.), Merger Agreement (Valero Energy Partners Lp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent to such effect.
Appears in 4 contracts
Samples: Merger Agreement (Elevate Credit, Inc.), Merger Agreement (Elevate Credit, Inc.), Merger Agreement (Stride Rite Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it them under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an the chief executive officer or the chief financial officer of Parent to such effect.
Appears in 4 contracts
Samples: Merger Agreement, Merger Agreement (Dynamex Inc), Merger Agreement (Dynamex Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied in all material respects all with the obligations and covenants required to be performed or complied with by it them under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer the Chief Executive Officer or the Chief Financial Officer of Parent to such effect.
Appears in 4 contracts
Samples: Merger Agreement (Nano Dimension Ltd.), Merger Agreement (Markforged Holding Corp), Merger Agreement (Nano Dimension Ltd.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have each performed in all material respects all obligations required to be performed by it them under this Agreement at or prior to the Closing Date, and the Company shall have received receive at Closing a certificate signed on behalf of Parent and Merger Sub by an executive authorized officer of Parent each company to such effect.
Appears in 4 contracts
Samples: Merger Agreement (Perficient Inc), Merger Agreement (Perficient Inc), Merger Agreement (Perficient Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all the obligations required to be performed by it under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate to such effect from each of Parent and Merger Sub (i) signed on behalf of Parent by the Chief Executive Officer and the Chief Financial Officer of Parent of Parent and (ii) signed on behalf of Merger Sub by an executive officer the Chief Executive Officer and the Chief Financial Officer of Parent to such effectMerger Sub.
Appears in 4 contracts
Samples: Merger Agreement (Yodlee Inc), Merger Agreement (Envestnet, Inc.), Merger Agreement (Chubb Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it them under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer the Chief Executive Officer of Parent to such effect.
Appears in 3 contracts
Samples: Merger Agreement (Apollo Education Group Inc), Merger Agreement (CSC Holdings LLC), Merger Agreement (Jasmine Holdco LLC)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied in all material respects all obligations with the obligations, covenants and agreements required to be performed or complied with by it them under this Agreement at or prior to the Closing DateEffective Time, and the Company Partnership shall have received a certificate signed on behalf of Parent and Merger Sub by an a duly authorized executive officer of Parent to such effect.
Appears in 3 contracts
Samples: Merger Agreement (Teekay Corp), Merger Agreement (Teekay LNG Partners L.P.), Merger Agreement (Teekay Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied in all material respects with all obligations required to be performed or complied with by it them under this Agreement at or prior to the Closing DateMerger Effective Time, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an a duly authorized executive officer of Parent to such effect.
Appears in 3 contracts
Samples: Merger Agreement (NorthStar/RXR New York Metro Real Estate, Inc.), Merger Agreement (Aviv Reit, Inc.), Merger Agreement (Omega Healthcare Investors Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations obligations, and complied in all material respects with the agreements and covenants, required to be performed by or complied with by it under this Agreement hereunder at or prior to the Closing Date, and the Effective Time. The Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent and Merger Sub to such effect.
Appears in 3 contracts
Samples: Merger Agreement (Quality Care Properties, Inc.), Merger Agreement (Welltower Inc.), Merger Agreement (Health Care Reit Inc /De/)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing DateClosing, and the Company and EFIH shall have received a certificate signed on behalf of Parent and Merger Sub by an a senior executive officer of Parent and Merger Sub, respectively, to such effect.
Appears in 3 contracts
Samples: Merger Agreement (Sempra Energy), Merger Agreement (Nextera Energy Inc), Merger Agreement (Energy Future Intermediate Holding CO LLC)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it them under this Agreement at or prior to before the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent to such effect.
Appears in 3 contracts
Samples: Merger Agreement (Applied Molecular Transport Inc.), Merger Agreement (Cyclo Therapeutics, Inc.), Merger Agreement (Cyclo Therapeutics, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing DateClosing, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent to such effect.
Appears in 3 contracts
Samples: Merger Agreement (Front Yard Residential Corp), Merger Agreement (Front Yard Residential Corp), Merger Agreement (Athenahealth Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied in all material respects with all obligations agreements and covenants required to be performed by it under this Agreement at on or prior to the Closing Date, Date and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an the chief executive officer or the chief financial officer of Parent to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Lantheus Holdings, Inc.), Agreement and Plan of Merger (Progenics Pharmaceuticals Inc), Merger Agreement (Lantheus Holdings, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it them under this Agreement at or prior to the Closing Date, Effective Time; and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an authorized executive officer of Parent to such the foregoing effect and a certificate signed on behalf of Merger Sub by an authorized executive officer of Merger Sub to the foregoing effect.
Appears in 3 contracts
Samples: Merger Agreement (Peregrine Systems Inc), Merger Agreement (Sands Regent), Merger Agreement (Herbst Gaming Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it each of them under this Agreement at or prior to the Closing Date, . Holdings and the Company shall have received a certificate dated as of the Closing Date signed on behalf of Parent and Merger Sub by an executive authorized officer of Parent and Merger Sub to such effectthe effect set forth in this paragraph.
Appears in 3 contracts
Samples: Merger Agreement (Macrochem Corp), Merger Agreement (Macrochem Corp), Merger Agreement (Access Pharmaceuticals Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have duly performed in all material respects all any covenants or obligations required to be performed by it them under this Agreement at or prior to the Closing DateDate in all material respects, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an the chief executive officer, chief financial officer or senior vice president of Parent to such effect.
Appears in 3 contracts
Samples: Merger Agreement (Virage Inc), Merger Agreement (Virage Inc), Merger Agreement (Autonomy Corp PLC)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it each of them under this Agreement at or prior to the Closing Date, and the . The Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive authorized officer of Parent and Merger Sub to such effectthe effect set forth in this paragraph.
Appears in 3 contracts
Samples: Merger Agreement (Somanta Pharmaceuticals Inc.), Merger Agreement (Access Pharmaceuticals Inc), Merger Agreement (Access Pharmaceuticals Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied in all material respects all with their respective obligations required to be performed or complied with by it them under this Agreement at or prior to the Closing DateEffective Time, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent to such effect.
Appears in 3 contracts
Samples: Merger Agreement (Endurance Specialty Holdings LTD), Merger Agreement (Endurance Specialty Holdings LTD), Merger Agreement (Montpelier Re Holdings LTD)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied in all material respects with all obligations agreements and covenants required by this Agreement to be performed or complied with by it under this Agreement at on or prior to the Closing DateEffective Time, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive authorized officer of Parent and Merger Sub, dated as of the Closing Date, to such the foregoing effect.
Appears in 3 contracts
Samples: Merger Agreement (Ingredion Inc), Merger Agreement (Penford Corp), Agreement and Plan of Merger (Drugstore Com Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations obligations, and complied in all material respects with the agreements and covenants, required to be performed by or complied with by it under this Agreement at or prior to the Closing Date, and the hereunder. The Company shall have received a certificate signed on behalf by a senior officer of Parent and Merger Sub by an executive officer of Parent attesting to such effectthe foregoing.
Appears in 3 contracts
Samples: Merger Agreement (Kerzner International LTD), Merger Agreement (Laureate Education, Inc.), Agreement and Plan of Merger (Kerzner International LTD)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied in all material respects with all obligations agreements and covenants required to be performed by it under this Agreement at or prior to the Closing Date, Date and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive a duly authorized officer of Parent to such effect.
Appears in 3 contracts
Samples: Merger Agreement (Critical Path Inc), Merger Agreement (Vectis Cp Holdings LLC), Merger Agreement (General Atlantic LLC)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf by an executive officer and the principal financial officer of Parent and Merger Sub by an executive officer of Parent to such effect.
Appears in 3 contracts
Samples: Merger Agreement (Rock-Tenn CO), Merger Agreement (SMURFIT-STONE CONTAINER Corp), Merger Agreement (Rock-Tenn CO)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate to such effect signed on behalf of Parent and Merger Sub by an executive officer of Parent to such effectParent.
Appears in 3 contracts
Samples: Merger Agreement (Wright Medical Group Inc), Merger Agreement (Biomimetic Therapeutics, Inc.), Merger Agreement (Barr Pharmaceuticals Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied in all material respects with all obligations agreements and covenants required by this Agreement to be performed or complied with by it under this Agreement at or prior to the Closing DateEffective Time, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive authorized officer of Parent and Merger Sub, dated as of the Closing Date, to such the foregoing effect.
Appears in 3 contracts
Samples: Merger Agreement (Sevcon, Inc.), Merger Agreement (Borgwarner Inc), Merger Agreement (Remy International, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing DateClosing, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer officers of Parent and Merger Sub to such effect.
Appears in 3 contracts
Samples: Merger Agreement (At&t Inc.), Merger Agreement (Directv), Merger Agreement (Dobson Communications Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed and complied with, in all material respects respects, all of their respective obligations under this Agreement required to be performed or complied with by it under this Agreement them at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of each of Parent and Merger Sub to such effect.
Appears in 3 contracts
Samples: Merger Agreement (Cleveland-Cliffs Inc.), Merger Agreement (Cleveland-Cliffs Inc.), Merger Agreement (Ak Steel Holding Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed complied in all material respects with all agreements, obligations and covenants required under this Agreement to be performed or complied with by it under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer the Chief Executive Officer of Parent to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Biomet Inc), Merger Agreement (Interpore International Inc /De/)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent to such effecteffect provided, however, that the Parent’s failure to comply with the notification requirements in Section 7.7, individually, shall not cause the condition set forth in this Section 8.3(b) to fail.
Appears in 2 contracts
Samples: Merger Agreement (Computer Associates International Inc), Merger Agreement (Niku Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects the respective obligations, and complied in all obligations material respects with the agreements and covenants, required to be performed by it by, or complied with, them under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Brink's Home Security Holdings, Inc.), Merger Agreement (Tyco International LTD /Ber/)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects any obligations and complied in all obligations required material respects with any covenants or other agreements of Parent and Merger Sub to be performed or complied with by it them under this Agreement at or prior to the Closing Date, Effective Time; and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an authorized executive officer of Parent to such the foregoing effect and a certificate signed on behalf of Merger Sub by an authorized executive officer of Merger Sub to the foregoing effect.
Appears in 2 contracts
Samples: Merger Agreement (Micro Linear Corp /Ca/), Merger Agreement (Sirenza Microdevices Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it under this Agreement at on or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an a senior executive officer of Parent to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Djo Inc), Merger Agreement (ReAble Therapeutics Finance LLC)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects their respective obligations, and complied in all obligations material respects with the agreements and covenants, required to be performed performed, or complied with, by it them under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Kirby Corp), Agreement and Plan of Merger (K-Sea Transportation Partners Lp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all the agreements and obligations required to be performed by it under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of each of Parent and Merger Sub by an a senior executive officer of Parent each to such effectthe effect that the condition set forth in this Section 8.3(b) has been satisfied.
Appears in 2 contracts
Samples: Merger Agreement (Sirna Therapeutics Inc), Merger Agreement (Merck & Co Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects and complied in all obligations material respects with all agreements and covenants required to be performed or complied with by it them under this Agreement at or prior to the Closing Date, and the . The Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Cifc LLC), Merger Agreement (Artio Global Investors Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied in all material respects with all agreements and obligations required to be performed or complied with by it them under this Agreement at or prior to the Closing DateEffective Time, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an a duly authorized executive officer of Parent and Merger Sub to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Yintech Investment Holdings LTD), Merger Agreement (eLong, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it them under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Internet Brands, Inc.), Merger Agreement (Getty Images Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing DateEffective Time, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent Parent, dated as of the Closing Date, to such effect.
Appears in 2 contracts
Samples: Merger Agreement (JMP Group LLC), Merger Agreement (JMP Group LLC)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects respects, and in the case of Parent’s obligations under Section 5.16(b)(i), in all respects, all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Straight Path Communications Inc.), Merger Agreement (Straight Path Communications Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied in all material respects all obligations with the covenants and agreements required to be performed or complied with by it them under this Agreement at or prior to the Closing DateEffective Time, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an a duly authorized executive officer of Parent to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Indivior PLC), Merger Agreement (Indivior PLC)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied in all material respects with all obligations required to be performed or complied with by it them under this Agreement at or prior to the Closing DateEffective Time, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an a duly authorized executive officer of Parent and Merger Sub to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Gramercy Property Trust Inc.), Merger Agreement (Chambers Street Properties)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects at or prior to the Closing Date all material obligations required to be performed by it under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an the chief executive officer and the chief financial officer of each of Parent and Merger Sub to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Teva Pharmaceutical Industries LTD), Merger Agreement (Ivax Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to before the Closing DateEffective Time, and the Company shall have received a certificate certificate, dated the Closing Date and signed on behalf of Parent and Merger Sub by an executive officer the Chief Executive Officer and Chief Financial Officer of Parent and Merger Sub, respectively, to such that effect.
Appears in 2 contracts
Samples: Merger Agreement (M&t Bank Corp), Merger Agreement (Partners Trust Financial Group Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed and complied with, in all material respects respects, all covenants, agreements and obligations required to be performed or complied with by it under this Agreement and the Letter Agreement between Parent and the Company, dated as of the date hereof, at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent to such effecteffect as of the Closing Date.
Appears in 2 contracts
Samples: Acquisition Agreement (EverBank Financial Corp), Acquisition Agreement (EverBank Financial Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, Effective Time and the Company shall have received a certificate signed on behalf of Parent by its Chief Executive Officer and Merger Sub by an executive officer of Parent its Chief Financial Officer to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Pegasus Solutions Inc), Merger Agreement (Applied Innovation Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, Date and the Company shall have received a certificate signed on behalf of Parent by its Chief Executive Officer and Merger Sub by an executive officer of Parent its Chief Financial Officer to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Checkfree Corp \Ga\), Merger Agreement (Carreker Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied in all material respects all obligations with the covenants and agreements required to be performed or complied with by it them under this Agreement at or prior to the Closing Date, Effective Time; and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an a duly authorized executive officer of Parent to such effect.
Appears in 2 contracts
Samples: Merger Agreement (TYCO INTERNATIONAL PLC), Merger Agreement (Johnson Controls Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed and complied with, in all material respects all respects, the obligations required to be performed and complied with by it under this Agreement at or prior to the Closing DateClosing, and the Company shall have received a certificate signed on behalf of Parent by the Chief Executive Officer and Merger Sub by an executive officer the Chief Financial Officer of Parent to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Fiserv Inc), Merger Agreement (First Data Corp)
Performance of Obligations of Parent and Merger Sub. Each of --------------------------------------------------- Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive authorized officer of Parent to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Sterling Software Inc), Merger Agreement (Sterling Software Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing DateEffective Time, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an the chief executive officer or the chief financial officer of Parent to such effect.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (DRS Technologies Inc), Merger Agreement (Engineered Support Systems Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all covenants and obligations required to be performed by it under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Parent by the Chief Executive Officer and Merger Sub by an executive officer the Chief Financial Officer of Parent to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Usa Interactive), Merger Agreement (Udate Com Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it them under this Agreement at or prior to the Closing Date, and the . The Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Ingersoll Rand Co LTD), Merger Agreement (Trane Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied in all material respects all with their respective obligations required to be performed or complied with by it them under this Agreement at or prior to the Closing DateFirst-Step Effective Time, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Flagstone Reinsurance Holdings, S.A.), Merger Agreement (Validus Holdings LTD)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all any covenants or obligations required to be performed by it them under this Agreement at or prior to the Closing DateDate in all material respects, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an the chief executive officer or chief financial officer of Parent and Merger Sub to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Hytek Microsystems Inc), Merger Agreement (QRS Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it them under this Agreement at or prior to the Closing Date, ; and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an the chief executive officer of Parent to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Cellu Tissue Holdings, Inc.), Merger Agreement (Cellu Tissue Holdings, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer the Chief Executive Officer and Chief Financial Officer of Parent and Merger Sub to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Hypercom Corp), Merger Agreement (Verifone Systems, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer the Chief Executive Officer or other Executive Officer of Parent to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Encore Medical Corp), Merger Agreement (Compex Technologies Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing DateEffective Time, and the Company shall have received a certificate certificate, dated the Effective Date, to such effect signed on behalf by the Chief Executive Officer and Chief Financial Officer of Parent and Merger Sub by an executive officer of Parent to such effectSub.
Appears in 2 contracts
Samples: Merger Agreement (Falmouth Bancorp Inc), Merger Agreement (Independent Bank Corp)
Performance of Obligations of Parent and Merger Sub. Each of --------------------------------------------------- Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive authorized officer of Parent to such effect.. ARTICLE VIII
Appears in 2 contracts
Samples: Merger Agreement (Sterling Software Inc), Merger Agreement (Cayenne Software Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied in all material respects with all obligations required to be performed or complied with by it them under this Agreement at or prior to by the Closing Datetime of the Closing, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent thereof to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Neulion, Inc.), Merger Agreement (DreamWorks Animation SKG, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf by the Chief Executive Officer and the Chief Financial Officer of Parent and Merger Sub by an executive officer of Parent to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Clearwater Paper Corp), Merger Agreement (Cellu Tissue Holdings, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it them under this Agreement at on or prior to the Closing Date, ; and the Company shall have received a certificate signed on behalf of each of Parent and Merger Sub by an the chief executive officer or the chief financial officer of Parent and Merger Sub to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Encore Medical Corp), Merger Agreement (Encore Medical, L.P.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it them under this Agreement at or prior to the Closing Date, and the Company Target shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent to such effect.;
Appears in 2 contracts
Samples: Merger Agreement (Geo Group Inc), Merger Agreement (Cornell Companies Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed performed, or complied with, in all material respects all agreements, obligations and covenants required to be performed or complied with by it each under this Agreement at or prior to the Closing DateEffective Time, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Denbury Resources Inc), Merger Agreement (Penn Virginia Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations obligations, and complied in all material respects with the agreements and covenants, required to be performed by or complied with by it under this Agreement hereunder at or prior to the Closing Date, and the Effective Time. The Company shall have received a certificate signed on behalf by a senior officer of Parent and Merger Sub by an executive officer of Parent attesting to such effectthe foregoing.
Appears in 2 contracts
Samples: Merger Agreement (National Coal Corp), Merger Agreement (Penn National Gaming Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it them under this Agreement at or prior to before the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive authorized officer of Parent to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Avaya Inc), Merger Agreement (Radvision LTD)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, Effective Time; and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer the Chief Executive Officer or the Chief Financial Officer of Parent to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Allied Capital Corp), Merger Agreement (Ares Capital Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and the Company shall have received at the Closing a certificate signed on behalf of Parent and Merger Sub by an a senior executive officer of Parent to such effectthe effect that the conditions set forth in this Section 7.3(b) have been satisfied.
Appears in 2 contracts
Samples: Merger Agreement (Cintas Corp), Merger Agreement (G&k Services Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects and complied in all obligations material respects with all agreements and covenants required to be performed or complied with by it under this Agreement at or prior to the Closing Date, and the . The Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent dated as of the Closing Date to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Wageworks, Inc.), Merger Agreement (Healthequity, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied in all material respects all obligations required to be performed by it them under this Agreement at or prior to the Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Hospitality Distribution Inc), Merger Agreement (Cec Entertainment Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed and complied with, in all material respects respects, all of their respective obligations under this Agreement required to be performed or complied with by it under this Agreement them at or prior to the Closing Date, and the . The Company shall have received at the Closing a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent to such effectthe effect the conditions set forth in this Section 7.3(b) have been satisfied.
Appears in 2 contracts
Samples: Merger Agreement (Conagra Brands Inc.), Merger Agreement (Pinnacle Foods Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it them under this Agreement at or prior to the Merger Closing Date, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Cost Plus Inc/Ca/), Merger Agreement (Bed Bath & Beyond Inc)
Performance of Obligations of Parent and Merger Sub. (i) Each of Parent and Merger Sub shall have performed in all material respects all agreements and obligations required to be performed by it under this Agreement at or prior to the Closing Date, and (ii) the Company shall have received a certificate signed on behalf of each of Parent and Merger Sub by an executive officer of Parent each to such effectthe effect that the condition set forth in Section 8.3(b)(i) has been satisfied.
Appears in 2 contracts
Samples: Merger Agreement (Moscow Cablecom Corp), Merger Agreement (Renova Media Enterprises Ltd.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied in all material respects all obligations with its agreements and covenants required by this Agreement to be performed or complied with by it under this Agreement at on or prior to the Closing Date, and the Effective Time. The Company shall have received a certificate signed on behalf of Parent and Merger Sub by an authorized executive officer of Parent Parent, dated as of the Closing Date, to such the foregoing effect.
Appears in 2 contracts
Samples: Merger Agreement (Allstate Corp), Merger Agreement (National General Holdings Corp.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by it them under this Agreement at or prior to the Closing DateDate (except for Section 4.01(d)), and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an executive officer of Parent to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Smithfield Foods Inc), Merger Agreement (Premium Standard Farms, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied in all material respects with all obligations required to be performed or complied with by it under this Agreement at or prior to the Closing Date, First Merger Effective Time; and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an a duly authorized executive officer of Parent to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Apollo Commercial Real Estate Finance, Inc.), Merger Agreement (Apollo Residential Mortgage, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied in all material respects all obligations with the covenants and agreements required to be performed or complied with by it them under this Agreement at or prior to the Closing DateEffective Time, and the Company shall have received a certificate signed on behalf of Parent and Merger Sub by an a duly authorized executive officer of Parent to such effect.;
Appears in 2 contracts
Samples: Merger Agreement (Progressive Waste Solutions Ltd.), Merger Agreement (Waste Connections, Inc.)
