Performance of Obligations of Parent and MergerCo. Each of Parent and MergerCo shall have performed or complied in all material respects with all agreements and covenants required by this Agreement to be performed or complied with on or prior to the Effective Time (including, without limitation funding the Payment Fund pursuant to Section 3.1), and the Company shall have received a certificate signed on behalf of Parent by the Chief Executive Officer or Chief Financial Officer of Parent, dated as of the Closing Date, to the foregoing effect.
Appears in 4 contracts
Samples: Merger Agreement (Brightcove Inc), Merger Agreement (Athenahealth Inc), Merger Agreement (Athenahealth Inc)
Performance of Obligations of Parent and MergerCo. Each of Parent and MergerCo shall have performed or complied in all material respects with all agreements and covenants required by this Agreement to be performed or complied with by it on or prior to the Effective Time (including, without limitation funding the Payment Fund pursuant to Section 3.1)Time, and the Company shall have received a certificate signed on behalf of Parent by the Chief Executive Officer or Chief Financial Officer of Parentand MergerCo, dated as of the Closing Date, to the foregoing effect.
Appears in 3 contracts
Samples: Merger Agreement (CentraCore Properties Trust), Merger Agreement (Geo Group Inc), Merger Agreement (CRT Properties Inc)
Performance of Obligations of Parent and MergerCo. Each of Parent and MergerCo shall have performed or complied in all material respects with all agreements and covenants required by this Agreement to be performed or complied with on or prior to the Effective Time (including, including without limitation funding the Payment Fund pursuant to Section 3.1), and the Company shall have received a certificate signed on behalf of Parent by the Chief Executive Officer or Chief Financial Officer of Parent, dated as of the Closing Date, to the foregoing effect.
Appears in 1 contract
Samples: Merger Agreement (Transaction Systems Architects Inc)
Performance of Obligations of Parent and MergerCo. Each of Parent and MergerCo shall have performed or complied with, in all material respects with respects, all agreements and covenants required by this Agreement to be performed or complied with by it on or prior to the Effective Time (including, without limitation funding the Payment Fund pursuant to Section 3.1), and the Time. The Company shall have received a certificate signed on behalf of Parent by to the Chief Executive Officer or Chief Financial Officer of Parent, effect set forth in the preceding sentence dated as of the Closing Date, to the foregoing effectDate duly executed by an officer of Parent and MergerCo.
Appears in 1 contract
Samples: Merger Agreement (Knology Inc)
Performance of Obligations of Parent and MergerCo. Each of Parent and MergerCo shall have performed or complied in all material respects with all agreements and covenants required by this Agreement to be performed or complied with by it on or prior to the Effective Time (including, without limitation funding the Payment Fund pursuant to Section 3.1)Time, and the Company shall have received a certificate signed on behalf of Parent and MergerCo by the Chief Executive Officer or Chief Financial Officer of Parent, dated as of the Closing Date, to the foregoing effect.
Appears in 1 contract
Samples: Merger Agreement (Rc2 Corp)
Performance of Obligations of Parent and MergerCo. Each of Parent Parent, MergerCo and MergerCo Merger Partnership shall have performed or complied in all material respects with all agreements and covenants required by this Agreement to be performed or complied with by it on or prior to the Effective Time (including, without limitation funding the Payment Fund pursuant to Section 3.1)Time, and the Company shall have received a certificate signed on behalf of Parent Parent, MergerCo and Merger Partnership by the Chief Executive Officer or Chief Financial Officer of Parent, dated as of the Closing Date, to the foregoing effect.
Appears in 1 contract
Performance of Obligations of Parent and MergerCo. Each of Parent and MergerCo shall have performed or complied in all material respects with all agreements and covenants required by this Agreement to be performed or complied with by it on or prior to the Effective Time (including, without limitation funding the Payment Fund pursuant to Section 3.1)Time, and the Company shall have received a certificate signed on behalf of Parent by the Chief Executive Officer or Chief Financial Officer of Parent, dated as of the Closing Date, to the foregoing effect.
Appears in 1 contract
