Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them under this Agreement at or prior to the Effective Time.
Appears in 60 contracts
Samples: Trust Agreement (Bluegreen Vacations Holding Corp), Trust Agreement (Hilton Grand Vacations Inc.), Agreement and Plan of Merger (Zevra 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 them it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 60 contracts
Samples: Agreement and Plan of Merger (Arc Document Solutions, Inc.), Agreement and Plan of Merger (Sharecare, Inc.), Agreement and Plan of Merger (Eargo, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub each shall have performed performed, or complied with, in all material respects all obligations agreements and covenants required to be performed or complied with by them under this Agreement at or prior to the Effective Time.
Appears in 42 contracts
Samples: Agreement and Plan of Merger (CONSOL Energy Inc.), Agreement and Plan of Merger (Arch Resources, Inc.), Agreement and Plan of Merger (Evofem Biosciences, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 33 contracts
Samples: Agreement and Plan of Merger (KAMAN Corp), Agreement and Plan of Merger (ReWalk Robotics Ltd.), Agreement and Plan of Merger (CMC Materials, 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 them it under this Agreement at or prior to the Effective TimeClosing.
Appears in 22 contracts
Samples: Agreement and Plan of Merger (Boeing Co), Agreement and Plan of Merger (Boeing Co), Agreement and Plan of Merger (Spirit AeroSystems Holdings, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall will have performed and complied in all material respects with all covenants, obligations and conditions of this Agreement required to be performed and complied with by them under this Agreement Parent and Merger Sub at or prior to the Effective TimeClosing.
Appears in 16 contracts
Samples: Agreement and Plan of Merger (Tufin Software Technologies Ltd.), Agreement and Plan of Merger (Cloudera, Inc.), Agreement and Plan of Merger (RealPage, 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 that are to be performed by them Parent and Merger Sub under this Agreement at or prior to the Effective Time.
Appears in 16 contracts
Samples: Agreement (Sugarmade, Inc.), Agreement and Plan of Merger (Ultra Clean Holdings, Inc.), Agreement and Plan of Merger (Ultra Clean Holdings, 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 them it under this Agreement at or prior to the Effective TimeClosing.
Appears in 13 contracts
Samples: Amended and Restated Agreement and Plan of Merger (Monmouth Real Estate Investment Corp), Amended and Restated Agreement and Plan of Merger (Monmouth Real Estate Investment Corp), Amended and Restated Agreement and Plan of Merger (Equity Commonwealth)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them under this Agreement at or prior to the Effective Time.Closing Date; and
Appears in 13 contracts
Samples: Agreement and Plan of Merger (Zayo Group LLC), Agreement and Plan of Merger (Medtox Scientific Inc), Agreement and Plan of Merger (Zayo Group 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 them it under this Agreement at or prior to the Effective Time.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Avedro Inc), Agreement and Plan of Merger (Axos Financial, Inc.), Agreement and Plan of Merger (Vivint Solar, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects the obligations, and complied in all obligations material respects with the agreements and covenants, required to be performed by them or complied with by it under this Agreement at or prior to the Effective Time.Closing Date; and
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Chindata Group Holdings LTD), Agreement and Plan of Merger (CorePoint Lodging Inc.), Agreement and Plan of Merger (CorePoint Lodging 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 that are to be performed by them under this Agreement at or prior to the Effective Time.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Xcerra Corp), Agreement and Plan of Merger (Cohu Inc), Agreement and Plan of Merger (Xcerra Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all the material respects all obligations required to be performed by them it under this Agreement at or prior to the Effective TimeClosing.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Benefitfocus, Inc.), Agreement and Plan of Merger (Voya Financial, Inc.), Agreement and Plan of Merger (Benefitfocus, 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 them it under this Agreement at or prior to as of the Effective Time.; and
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Chinook Therapeutics, Inc.), Agreement and Plan of Merger (Triple-S Management Corp), Agreement and Plan of Merger (PPD, 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 respects, with its covenants and agreements required to be performed or complied with by them it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Barnes & Noble Inc), Agreement and Plan of Merger (CommerceHub, Inc.), Agreement and Plan of Merger (Liberty Interactive Corp)
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 obligations required to be performed by them or complied with by it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (B. Riley Financial, Inc.), Agreement and Plan of Merger (Magicjack Vocaltec LTD), Agreement and Plan of Merger (Ixia)
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 obligations required to be performed or complied with by them it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (Arabian American Development Co), Agreement and Plan of Reorganization (Identix Inc), Agreement and Plan (Viisage Technology Inc)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all the obligations required to be performed by them under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Bottomline Technologies Inc), Agreement and Plan of Merger (1Life Healthcare Inc), Agreement and Plan of Merger (Spark Networks SE)
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 them it under this Agreement at or prior to the Effective Time.Closing Date; and
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Marlin Business Services Corp), Agreement and Plan of Merger (Sparton Corp), Agreement and Plan of Merger (Scana 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 agreements and covenants required to be performed by them it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Image Entertainment Inc), Agreement and Plan of Merger (BTP Acquisition Company, LLC), Agreement and Plan of Merger (BTP Acquisition Company, LLC)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them under this Agreement at or prior to the Effective TimeClosing.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Infrastructure & Energy Alternatives, Inc.), Agreement and Plan of Merger (Marubeni Corp /Fi), Agreement and Plan of Merger (Aircastle LTD)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them under this Agreement at or prior to the Effective TimeClosing.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Arco Platform Ltd.), Agreement and Plan of Merger (Myovant Sciences Ltd.), Agreement and Plan of Merger (Myovant Sciences 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 them it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Fluor Daniel Gti Inc), Agreement and Plan of Merger (International Technology Corp), Agreement and Plan of Merger (Ratos Acquisition 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 them under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Brandywine Operating Partnership Lp /Pa), Agreement and Plan of Merger (Simon Property Group Inc /De/), Agreement and Plan of Merger (Chelsea Property Group Inc)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them under this Agreement at on or prior to before the Effective TimeClosing Date.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Frischs Restaurants Inc), Agreement and Plan of Merger (Harris Teeter Supermarkets, Inc.), Agreement and Plan of Merger (Kroger 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 them it under this Agreement at or prior to the Effective Time.; and
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Advance America, Cash Advance Centers, Inc.), Agreement and Plan of Merger (Gentiva Health Services Inc), Agreement and Plan of Merger (Odyssey Healthcare Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all the covenants and obligations required to be performed by them it under this Agreement at or prior to the Effective TimeClosing.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Peak Bio, Inc.), Agreement and Plan of Merger (Akari Therapeutics PLC), Agreement and Plan of Merger (Adaptimmune Therapeutics PLC)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall will have performed in all material respects all obligations required to be performed by them under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Black Hills Corp /Sd/), Agreement and Plan of Merger (Great Plains Energy Inc), Agreement and Plan of Merger
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 them it under this Agreement at or prior to the Effective TimeClosing.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Destination Maternity Corp), Agreement and Plan of Merger (Spectra Energy Corp.), Agreement and Plan of Merger
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 and covenants required to be performed by them it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Exor S.p.A.), Agreement and Plan of Merger (Partnerre LTD), Agreement and Plan of Merger (Exor S.p.A.)
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 them under this Agreement it at or prior to the Effective TimeMerger Closing under this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Avantor, Inc.), Agreement and Plan of Merger (VWR Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all its respective obligations required to be performed by them it under this Agreement at or prior to the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Jda Software Group Inc), Agreement and Plan of Merger (Par Pharmaceutical Companies, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them under this Agreement at on or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Electro Sensors Inc), Agreement and Plan of Merger (Communications 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 and covenants required to be performed by them it under this Agreement at on or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ninetowns Internet Technology Group Co LTD), Agreement and Plan of Merger (Wang Shuang)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed and complied with, in each case in all material respects respects, all the obligations required that are to be performed or complied with by them Parent and Merger Sub (as applicable) under this Agreement at or prior to the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Enzymotec Ltd.), Agreement and Plan of Merger (Frutarom LTD)
Performance of Obligations of Parent and Merger Sub. (i) Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Autovative Products Inc), Merger Agreement (Longfoot Communications Corp.)
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 them it under this Agreement at on or prior to the Effective Time.Closing Date; and
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Hard Rock Hotel Inc), Agreement and Plan of Merger (Morgans Hotel Group Co.)
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 or complied by them it under this Agreement at or prior to the Effective TimeClosing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Diffusion Pharmaceuticals Inc.), Agreement and Plan of Merger (Diffusion Pharmaceuticals Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all the covenants, obligations required and agreements that are to be performed by them under this Agreement at or prior to the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Valley Telephone Co., LLC), Agreement and Plan of Merger (Knology Inc)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all obligations each obligation required to be performed by them under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Helix Technologies, Inc.), Solicitation and Non Disclosure Agreement (Fleetcor Technologies 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 that are to be performed by them under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Hewlett Packard Co), Agreement and Plan of Merger (3com Corp)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub each shall have performed or complied with in all material respects all obligations required to be performed respectively by them it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Owens & Minor Inc/Va/), Agreement and Plan of Merger (Medical Action Industries Inc)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have each performed in all material respects all the obligations required to be performed by them it under this Agreement at or prior to the Effective TimeClosing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Rogers Corp), Agreement and Plan of Merger (Versum Materials, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have complied with or performed in all material respects all obligations required to be complied with or performed by them it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Altria Group, Inc.), Agreement and Plan of Merger (Ust Inc)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub each shall have performed or complied with in all material respects all obligations required to be performed by them under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Lyondell Chemical Co), Agreement and Plan of Merger (Huntsman CORP)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub each shall have performed or complied with in all material respects all obligations required to be performed by them it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Hexion Specialty Chemicals, Inc.), Agreement and Plan of Merger (Huntsman International 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 respects, with each of its covenants and agreements required to be performed or complied with by them it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Meet Group, Inc.), Agreement and Plan of Merger (Sothebys)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all material obligations required to be performed by them under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (PVH Corp. /De/), Agreement and Plan of Merger (Warnaco Group Inc /De/)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall must have performed in all material respects all obligations required to be performed by them it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (International Multifoods Corp), Agreement and Plan of Merger (Smtek International Inc)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all material obligations required to be performed by them under this Agreement at or prior to the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Southeastern Grocers, LLC), Agreement and Plan of Merger (Winn Dixie Stores Inc)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have has performed in all material respects all obligations required to be performed by them under this Agreement at or prior to the Effective TimeClosing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Urovant Sciences Ltd.), Agreement and Plan of Merger (Sumitomo Chemical Co., 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 or complied with by them it under this Agreement at or prior to the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Baker Hughes Inc), Agreement and Plan of Merger (Halliburton Co)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all the covenants, agreements and obligations required to be performed by them it under this Agreement at or prior to the Effective TimeClosing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Reven Housing REIT, Inc.), Agreement and Plan of Merger (KBS Strategic Opportunity REIT, 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 them Parent and Merger Sub, as applicable, under this Agreement at on or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Avangrid, Inc.), Agreement and Plan of Merger (Cellular Biomedicine 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 with all obligations required to be performed by them Parent or Merger Sub, as applicable, under this Agreement at or prior to the Effective TimeClosing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Clarcor Inc.), Agreement and Plan of Merger (Parker Hannifin Corp)
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 them it under this Agreement at on or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Material Sciences Corp), Agreement and Plan of Merger (Integramed America Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all the material obligations required that are to be performed by them Parent and Merger Sub under this Agreement at or prior to the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Vimicro International CORP), Agreement and Plan of Merger (WSP Holdings 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 them under this Agreement at or prior to the Effective TimeClosing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (At&t Inc.), Agreement and Plan of Merger (Superclick Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all each of its obligations required to be performed by them it under this Agreement at or prior to the Effective TimeClosing.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Franchise Group, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them under this Agreement at or prior to the Effective Time.Closing Date; and Execution Copy
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them under this Agreement at or prior to the Effective Time; provided, that if Parent and Merger Sub are ready, able and willing to complete the Closing by the Outside Date, this condition shall be deemed to be satisfied.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects all obligations required to be performed or complied with by them it under this Agreement at on or prior to the Effective TimeClosing.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Washington Gas Light 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 respects, all obligations of the covenants and agreements required to be performed or complied with by them it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Marvel Entertainment, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects all the obligations required that are to be performed or complied with by them Parent and Merger Sub under this Agreement at or prior to the Effective Time.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all the covenants, agreements and obligations required to be performed by them it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Forest City Realty Trust, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed (or any non-performance shall have been cured) in all material respects all obligations required to be performed by them under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Madison Square Garden Entertainment Corp.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub each shall have performed or complied with in all material respects all obligations required to be performed by them it under this Agreement at or prior to the Effective TimeAgreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Energy XXI Gulf Coast, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them under this Agreement and the Ancillary Agreements at or prior to the Effective Time.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations the covenants and agreements required to be performed by them it under this Agreement at or prior to the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Center for Wound Healing, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all of its obligations required hereunder to be performed by them under this Agreement at it on or prior to the Effective Time.; and
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall each have performed in all material respects all obligations required to be performed by them it under this Agreement at or prior to the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (MidWestOne Financial Group, 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 that are to be performed by them it under this Agreement at or prior to the Effective Time.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have complied with or performed in all material respects all obligations required to be complied with or performed by them it under this Agreement at or prior to the Effective TimeClosing.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Textainer Group Holdings LTD)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Fortress Transportation & Infrastructure Investors LLC)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them them, respectively, under this Agreement at or prior to the Effective TimeClosing.
Appears in 1 contract
Samples: Transaction Agreement (Vistra Corp.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all of its obligations required to be performed by them it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Young Innovations 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 them it under this Agreement at or prior to the Effective TimeClosing Date (it being understood that non-compliance cured in accordance with this Agreement will not be taken into account).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Rent a Center Inc De)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed or complied with in all material respects all obligations required to be performed or complied with by them under this Agreement at or prior to the Effective Time.Closing Date; and
Appears in 1 contract
Samples: Agreement and Plan of Merger (Sun Healthcare Group 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 that are to be performed by them Parexx xxx Merger Sub under this Agreement at or prior to the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Universal Security Instruments Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in and complied with in all material respects all obligations required to be performed or complied with by them it under this Agreement at or prior to the Effective TimeClosing.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Vonage Holdings Corp)
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 them it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 1 contract
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 each of its obligations and covenants required to be performed or complied with by them it under this Agreement at or prior to the Effective TimeClosing.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Smithfield Foods Inc)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Mxxxxx Sub shall have complied with or performed in all material respects all their obligations required to be complied with or performed by them under this Agreement at or prior to the Effective TimeClosing under this Agreement.
Appears in 1 contract
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 each of its obligations required to be performed or complied with by them it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 1 contract
Samples: Registration Rights Agreement (Monterey Capital Acquisition Corp)
Performance of Obligations of Parent and Merger Sub. Parent Parent, Assertio and Merger Sub shall have performed in all material respects all obligations required to be performed by them under this Agreement at or prior to the Effective Time.
Appears in 1 contract
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 them under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Innophos Holdings, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed or complied in all material respects with all obligations obligations, agreements and covenants required to be performed by them it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 1 contract
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 obligations required to be performed or complied with by them it under this Agreement at or prior to as of the Effective TimeClosing.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed or complied with, in all material respects respects, all obligations required to be performed or complied with by them under this Agreement at or prior to the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Flow International Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with, in all material respects all respects, the obligations required to be performed or complied with by them it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Prudential Financial Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with, in all material respects all respects, the obligations required to be performed or complied with by them under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Rent a Center 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 and agreements to be performed or complied with by them under this Agreement it at or prior to the Effective Time.
Appears in 1 contract
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 the obligations, and complied by them or complied with by it under this Agreement at or prior to the Effective Time.Closing; and
Appears in 1 contract
Samples: Agreement and Plan of Merger (Gracell Biotechnologies Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub each shall have performed or complied in all material respects with all obligations required to be performed by them it under this Agreement at or prior to the Effective Time.
Appears in 1 contract
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 them it under this Agreement at or prior to the Effective Time.. (c)
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all each of the obligations required to be performed by them under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all the material obligations required that are to be performed by them Parent and Merger Sub under this Agreement at or prior to the Effective TimeClosing.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects the obligations, and complied in all obligations material respects with the agreements and covenants, required to be performed by them or complied with by it under this Agreement at or prior to the Effective Time.Closing Date;
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed and complied with in all material respects all obligations required to be performed by them under this Agreement at or prior to the Effective TimeClosing.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed and complied with in all material respects all obligations required to be performed or complied with by them under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Rubios Restaurants Inc)