Performance of Obligations of Target. Target 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 Acquiror shall have received a certificate signed on behalf of Target by the Chief Executive Officer and the Chief Financial Officer of Target to such effect.
Appears in 4 contracts
Samples: Merger Agreement (Pinnacle Financial Partners Inc), Merger Agreement (Pinnacle Financial Partners Inc), Merger Agreement (Pinnacle Financial Partners Inc)
Performance of Obligations of Target. Each of Target and its Subsidiaries 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 Acquiror Parent shall have received a certificate signed on behalf of Target by the Chief Executive Officer and the Chief Financial Officer an executive officer of Target to such effect.;
Appears in 3 contracts
Samples: Merger Agreement (Geo Group Inc), Merger Agreement (Cornell Companies Inc), Merger Agreement (Cornell Companies Inc)
Performance of Obligations of Target. Target 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 Date, Effective Time; and Acquiror Buyer shall have received a certificate signed on behalf of Target by the Chief Executive Officer and the Chief Financial Officer of Target to such effect.
Appears in 3 contracts
Samples: Merger Agreement (Park Sterling Corp), Merger Agreement (Community Capital Corp /Sc/), Merger Agreement (Park Sterling Corp)
Performance of Obligations of Target. Target 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 Acquiror Buyer shall have received a certificate signed on behalf of Target by the Chief Executive Officer and the Chief Financial Officer of Target to such effect.
Appears in 2 contracts
Samples: Merger Agreement (First Capital Bancorp, Inc.), Merger Agreement (Park Sterling Corp)
Performance of Obligations of Target. Target 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 Acquiror shall have received a certificate signed on behalf of Target by the Chief Executive Officer and the Chief Financial Officer chief executive officer of Target to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Yahoo Inc), Merger Agreement (Yahoo Inc)
Performance of Obligations of Target. Target 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 Acquiror shall have received a certificate signed on behalf of Target by the Chief Executive Officer chief executive officer and the Chief Financial Officer chief financial officer of Target to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Yahoo Inc), Merger Agreement (Flir Systems Inc)
Performance of Obligations of Target. Target shall have performed ------------------------------------ in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing DateDate (except, in the case of Target's obligations under the second sentence of
Section 5.1 and Acquiror under Section 5.1(r), where such failure of performance would not be reasonably likely to have a Target Material Adverse Effect); and Acquirer shall have received a certificate signed on behalf of Target by the Chief Executive Officer chief executive officer and the Chief Financial Officer chief financial officer of Target to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Borland International Inc /De/), Merger Agreement (Borland International Inc /De/)
Performance of Obligations of Target. Target 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 Acquiror Parent shall have received a certificate signed on behalf of Target by the Chief Executive Officer and or the Chief Financial Officer of Target to such effect.
Appears in 1 contract
Performance of Obligations of Target. Target 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 Acquiror shall have received a certificate signed on behalf of Target by the Chief Executive Officer chief executive officer and the Chief Financial Officer chief financial officer of Target to such effect.
Appears in 1 contract
Samples: Merger Agreement (Yahoo Inc)
Performance of Obligations of Target. Target 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 Acquiror shall have received a certificate signed on behalf of Target by the Chief Executive Officer and the Chief Financial Officer chief executive officer of Target to such effect.
Appears in 1 contract
Samples: Merger Agreement (Durect Corp)
Performance of Obligations of Target. Target 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 Acquiror shall have received a certificate at the Closing signed on behalf of Target by the Chief Executive Officer chief executive officer and the Chief Financial Officer chief financial officer of Target to such effect.
Appears in 1 contract
Performance of Obligations of Target. Target 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 Acquiror shall have received a certificate signed on behalf of Target by the Chief Executive Officer and the Chief Financial Officer chief executive officer of Target to such effect.
Appears in 1 contract
Samples: Merger Agreement (Durect Corp)
Performance of Obligations of Target. Target 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 Acquiror Companies shall have received a certificate signed on behalf of Target by the Chief Executive Officer and the its Chief Financial Officer of Target to such effect.
Appears in 1 contract
Performance of Obligations of Target. Target 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 Acquiror shall have received a certificate signed on behalf of Target by the Chief Executive Officer chief executive officer and the Chief Financial Officer chief financial officer of Target to such effect.
Appears in 1 contract
Samples: Merger Agreement (Worldres Com Inc)
Performance of Obligations of Target. Target 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 Acquiror and Merger Sub shall have received a certificate signed on behalf of Target by the Chief Executive Officer and the Chief Financial Officer an authorized officer of Target to such effect.
Appears in 1 contract
Samples: Merger Agreement (Microtune Inc)
Performance of Obligations of Target. Target 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 Acquiror shall have received a certificate signed on behalf of Target by the Chief Executive Officer and the Chief Financial Officer chief executive officer of Target to such effect.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Metawave Communications Corp)
Performance of Obligations of Target. Target 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 Acquiror shall have received a certificate signed on behalf of Target by the Chief Executive Officer chief executive officer and the Chief Financial Officer chief financial officer of Target to such effect.
Appears in 1 contract
Performance of Obligations of Target. Target 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 Acquiror HearMe shall have received a certificate signed on behalf of Target by the Chief Executive Officer and the Chief Financial Officer chief executive officer of Target to such effect.
Appears in 1 contract
Samples: Merger Agreement (Hearme)
Performance of Obligations of Target. Target 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 Acquiror shall have received a certificate signed on behalf of Target by the Chief Executive Officer and the Chief Financial Officer chief executive officer of Target to such effect.
Appears in 1 contract
