Performance of Obligations of the Company and the Shareholders. The Company, the Indemnifying Shareholders and the Trustee shall have performed in all material respects all obligations and covenants required to be performed by them, respectively, under this Agreement as of the Effective Time, and Parent and Acquisition Sub shall have received certificates to that effect signed by the Chief Executive Officer of the Company and the Shareholders' Representative and the Trustee, respectively.
Appears in 2 contracts
Samples: Agreement and Plan (Berry Plastics Corp), Agreement and Plan (BPC Holding Corp)
Performance of Obligations of the Company and the Shareholders. The Company, the Indemnifying Shareholders Company and the Trustee Shareholders shall have performed in all material respects all obligations agreements and covenants required to be performed by them, respectively, it or them under this Agreement as of prior to the Effective Time, and Parent and Acquisition Sub Closing Date. Buyer shall have received certificates to that effect a certificate signed by the Chief Executive Officer on behalf of the Company and by an officer of the Shareholders' Representative and the Trustee, respectivelyCompany to such effect.
Appears in 1 contract
Samples: Recapitalization and Stock Purchase Agreement (TTM Technologies Inc)
Performance of Obligations of the Company and the Shareholders. The Company, the Indemnifying Shareholders Company and the Trustee Shareholders shall have performed in all material respects all obligations and covenants required to be performed by them, respectively, them under this Agreement as of at or prior to the Effective TimeClosing Date, and Parent and Acquisition Sub the Purchaser shall have received certificates to that effect a certificate signed by the Chief Executive Officer on behalf of the Company and by an authorized officer to such effect with respect to the Shareholders' Representative and the Trustee, respectivelyCompany.
Appears in 1 contract
Samples: Asset Purchase Agreement (Return on Investment Corp)