Common use of Performance of Obligations of Parent and Merger Sub Clause in Contracts

Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will have performed all agreements and covenants required to be performed by them under this Agreement prior to the Closing Date except (i) as otherwise contemplated or permitted by this Agreement, and (ii) for such failures to perform which, individually or in the aggregate, would not have a material adverse effect on the Business Condition of Parent. INT'X.xxx will have received a certificate signed on behalf of Parent by officers of Parent to such effect on the Closing Date.

Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will have performed all agreements and covenants required to be performed by them under this Agreement prior to the Closing Date Date, except (i) as otherwise contemplated or permitted by this Agreement, and (ii) for where such failures to perform whichhave not had, individually or in the aggregateand cannot reasonably be expected to have, would not have a material adverse effect on the Business Condition of the Parent. INT'X.xxx , and HT will have received a certificate signed on behalf of Parent by officers of Parent to such effect on the Closing Dateeffect.