Performance of Obligations of the Company. The Company shall have performed, or complied with, in all material respects all agreements and covenants required to be performed or complied with by it under this Agreement on or prior to the Effective Time.
Appears in 51 contracts
Samples: Merger Agreement (Ready Capital Corp), Merger Agreement (Q Power LLC), Merger Agreement (Stronghold Digital Mining, Inc.)
Performance of Obligations of the Company. The Company shall will have performed, or performed and complied with, in all material respects with all agreements covenants, obligations and covenants conditions of this Agreement required to be performed or and complied with by it under this Agreement on at or prior to the Effective TimeClosing.
Appears in 23 contracts
Samples: Merger Agreement (R1 RCM Inc. /DE), Merger Agreement (R1 RCM Inc. /DE), Merger Agreement (HireRight Holdings Corp)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects with all agreements and covenants required to be performed or complied with by it under this Agreement on at or prior to the Effective TimeClosing.
Appears in 13 contracts
Samples: Agreement and Plan of Merger (Monmouth Real Estate Investment Corp), Agreement and Plan of Merger (Monmouth Real Estate Investment Corp), Agreement and Plan of Merger (Equity Commonwealth)
Performance of Obligations of the Company. The Company shall will have performed, or performed and complied with, in all material respects with all agreements covenants and covenants obligations of this Agreement required to be performed or and complied with by it under this Agreement on at or prior to the Effective TimeClosing.
Appears in 10 contracts
Samples: Merger Agreement (Verde Bio Holdings, Inc.), Merger Agreement (Natus Medical Inc), Merger Agreement (Activision Blizzard, Inc.)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects the obligations, and complied in all material respects with the agreements and covenants covenants, required to be performed by, or complied with by by, it under this Agreement on at or prior to the Effective Time.;
Appears in 10 contracts
Samples: Merger Agreement (Karuna Therapeutics, Inc.), Merger Agreement (Zhangmen Education Inc.), Merger Agreement (Avangrid, Inc.)
Performance of Obligations of the Company. The Company shall will have performed, or performed and complied with, in all material respects all agreements with the covenants, obligations and covenants conditions of this Agreement required to be performed or and complied with by it under this Agreement on at or prior to the Effective TimeClosing.
Appears in 10 contracts
Samples: Merger Agreement (Cepton, Inc.), Investment Agreement (Cepton, Inc.), Series B Convertible Preferred Stock Purchase Agreement (Comscore, Inc.)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects all agreements and covenants required the obligations that are to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 10 contracts
Samples: Merger Agreement (Meridian Bioscience Inc), Merger Agreement (Mazor Robotics Ltd.), Merger Agreement (SodaStream International Ltd.)
Performance of Obligations of the Company. The Company shall have performed, or performed and complied with, in all material respects all agreements with the covenants, obligations and covenants conditions of this Agreement required to be performed or and complied with by it under this Agreement on at or prior to the Effective TimeClosing.
Appears in 9 contracts
Samples: Merger Agreement (Kaleyra, Inc.), Merger Agreement (Diversey Holdings, Ltd.), Merger Agreement (Datto Holding Corp.)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects all obligations, and complied in all material respects with the agreements and covenants covenants, required to be performed by or complied with by it under this Agreement on or prior to the Effective Timehereunder.
Appears in 8 contracts
Samples: Arrangement Agreement (Cleveland-Cliffs Inc.), Arrangement Agreement (Score Media & Gaming Inc.), Arrangement Agreement (Penn National Gaming Inc)
Performance of Obligations of the Company. The Company shall have performed, performed or complied withcomplied, in all material respects all respects, with its covenants and agreements and covenants required to be performed or complied with by it under this Agreement on at or prior to the Effective TimeClosing Date.
Appears in 8 contracts
Samples: Merger Agreement (Barnes & Noble Inc), Merger Agreement (Liberty Expedia Holdings, Inc.), Merger Agreement (Expedia Group, Inc.)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, with in all material respects (or with respect to any covenant or agreement qualified by materiality or Material Adverse Effect, in all respects) the covenants and agreements and covenants required contained in this Agreement to be performed or complied with by it under this Agreement on or prior to or on the Effective TimeClosing Date.
Appears in 8 contracts
Samples: Merger Agreement (Helpful Alliance Co), Merger Agreement (Barry R G Corp /Oh/), Merger Agreement (PAWS Pet Company, Inc.)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects each of the obligations, and complied in all material respects with each of the agreements and covenants covenants, required to be performed by, or complied with by by, it under this Agreement on at or prior to the Effective Time.Closing;
Appears in 8 contracts
Samples: Merger Agreement (Advanced Disposal Services, Inc.), Merger Agreement (Waste Management Inc), Merger Agreement (Albertsons Companies, LLC)
Performance of Obligations of the Company. The Company shall have performed, or complied with, in all material respects all agreements and covenants obligations required to be performed or complied with by it under this Agreement on at or prior to the Effective TimeClosing Date.
Appears in 7 contracts
Samples: Merger Agreement (Arabian American Development Co), Merger Agreement (Huntsman CORP), Merger Agreement (Lyondell Chemical Co)
Performance of Obligations of the Company. The Company shall have performed, or complied with, in all material respects respects, all agreements and covenants required to be performed or complied with by it under this Agreement on or prior to the Effective Time.
Appears in 7 contracts
Samples: Merger Agreement (GRIID Infrastructure Inc.), Merger Agreement (GRIID Infrastructure Inc.), Merger Agreement (Cleanspark, Inc.)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects all its agreements and covenants required contained in this Agreement to be performed or complied with by it under this Agreement on the Company at or prior to the Effective TimeClosing pursuant to the terms of this Agreement.
Appears in 7 contracts
Samples: Merger Agreement (Consolidated Graphics Inc /Tx/), Merger Agreement (RR Donnelley & Sons Co), Merger Agreement (Benihana Inc)
Performance of Obligations of the Company. The Company shall have performed, or complied with, in all material respects all agreements and covenants required to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 6 contracts
Samples: Merger Agreement (Arch Resources, Inc.), Merger Agreement (CONSOL Energy Inc.), Merger Agreement (SRC Energy Inc.)
Performance of Obligations of the Company. The Company shall will have performed, or performed and complied with, in all material respects with all agreements covenants, obligations and covenants conditions of the Agreement required to be performed or and complied with by it under this Agreement on at or prior to the Effective Offer Acceptance Time.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Herc Holdings Inc), Agreement and Plan of Merger (Herc Holdings Inc), Agreement and Plan of Merger (H&E Equipment Services, Inc.)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects (or with respect to any covenant or agreement qualified by materiality, in all respects) with the covenants and agreements and covenants required contained in this Agreement to be performed or complied with by it under this Agreement on or prior to or on the Effective TimeClosing Date.
Appears in 5 contracts
Samples: Merger Agreement (ICC Holdings, Inc.), Merger Agreement (ICC Holdings, Inc.), Merger Agreement (Alleghany Corp /De)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects respects, all of the covenants and agreements and covenants required to be performed or complied with by it under this Agreement on at or prior to the Effective TimeClosing Date.
Appears in 5 contracts
Samples: Merger Agreement, Agreement and Plan of Merger and Reorganization (SRS Labs Inc), Merger Agreement (Dts, Inc.)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, with in all material respects all the agreements and covenants required contained in this Agreement to be performed or complied with by it under this Agreement on the Company at or prior to the Effective TimeClosing pursuant to the terms of this Agreement.
Appears in 5 contracts
Samples: Merger Agreement (Dimension Therapeutics, Inc.), Merger Agreement (RR Donnelley & Sons Co), Merger Agreement (COURIER Corp)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects the obligations, and complied in all material respects with the agreements and covenants covenants, required to be performed by, or complied with by by, it under this Agreement on at or prior to the Effective Time.Closing Date;
Appears in 5 contracts
Samples: Merger Agreement (Gracell Biotechnologies Inc.), Merger Agreement (Hollysys Automation Technologies, Ltd.), Merger Agreement (Chindata Group Holdings LTD)
Performance of Obligations of the Company. The Company shall have performed, or performed and complied with, in all material respects respects, all agreements obligations and covenants required to be performed or and complied with by it the Company under this Agreement on or prior to or at the Effective TimeClosing.
Appears in 5 contracts
Samples: Merger Agreement (Reliant Bancorp, Inc.), Merger Agreement (Entegra Financial Corp.), Merger Agreement (Smartfinancial Inc.)
Performance of Obligations of the Company. The Company shall have performed, or complied with, in all material respects respects, all agreements and covenants obligations required to be performed or complied with by it under this Agreement on at or prior to the Effective TimeClosing Date.
Appears in 5 contracts
Samples: Contribution and Exchange Agreement (Special Diversified Opportunities Inc.), Securities Purchase and Exchange Agreement (Geoglobal Resources Inc.), Transfer Agreement (Harbinger Group Inc.)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects with all agreements and covenants required to be performed or complied with by it under this Agreement on at or prior to the Effective TimeClosing Date that are qualified as to materiality and shall have performed or complied in all material respects with all other agreements and covenants required to be performed by it under this Agreement at or prior to the Closing Date that are not so qualified as to materiality.
Appears in 5 contracts
Samples: Merger Agreement (Constellation Brands, Inc.), Merger Agreement (Getchell Gold Corp), Merger Agreement (Therapeutic Antibodies Inc /De)
Performance of Obligations of the Company. The Company shall have performed, or performed and complied with, in all material respects with all agreements covenants, obligations and covenants conditions of this Agreement required to be performed or and complied with by it under this Agreement on at or prior to the Effective TimeClosing.
Appears in 5 contracts
Samples: Merger Agreement (Thoughtworks Holding, Inc.), Merger Agreement (Tessco Technologies Inc), Merger Agreement (Sumtotal Systems Inc)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects (or with respect to any obligation or agreement qualified by materiality or Company Material Adverse Effect, in all agreements respects) all obligations and covenants required agreements, and complied in all material respects (or with respect to any covenant qualified by materiality, in all respects) with all covenants, contained in this Agreement to be performed or complied with by it under this Agreement on or prior to or on the Effective TimeClosing Date.
Appears in 4 contracts
Samples: Merger Agreement (Morgans Foods Inc), Merger Agreement (Goodman Networks Inc), Merger Agreement (Multiband Corp)
Performance of Obligations of the Company. The Company shall have performed, or complied with, in all material respects all agreements with the covenants and covenants obligations of this Agreement required to be performed or and complied with by it under this Agreement on at or prior to the Effective TimeClosing.
Appears in 4 contracts
Samples: Merger Agreement (Instructure Holdings, Inc.), Merger Agreement (Powerschool Holdings, Inc.), Merger Agreement (Perficient Inc)
Performance of Obligations of the Company. The Company shall have performed, or performed and complied with, in all material respects with all covenants and agreements and covenants required by this Agreement to be performed or complied with by it under this Agreement on or prior to the Effective Time.
Appears in 4 contracts
Samples: Merger Agreement (Keypath Education International, Inc.), Merger Agreement (Hibbett Inc), Merger Agreement (Trean Insurance Group, Inc.)
Performance of Obligations of the Company. The Company shall will have performed, or performed and complied with, in all material respects all agreements respects, its agreements, obligations and covenants required to be performed or complied with by it under this Agreement on and the Separation and Distribution Agreement at or prior to the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Inhibrx, Inc.), Merger Agreement (Biohaven Research Ltd.), Merger Agreement (Biohaven Research Ltd.)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects with all agreements and covenants or obligations required to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 4 contracts
Samples: Merger Agreement (First High-School Education Group Co., Ltd.), Merger Agreement (LAIX Inc.), Merger Agreement (Ma Baoli)
Performance of Obligations of the Company. The Company shall have performed, or performed and complied with, . in all material respects all agreements respects. each of the obligations and covenants required that are to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 4 contracts
Samples: Merger Agreement (Universal Security Instruments Inc), Merger Agreement (Helix TCS, Inc.), Merger Agreement (Helix TCS, Inc.)
Performance of Obligations of the Company. The Company shall have performed, or performed and complied with, in all material respects all with the covenants, agreements and covenants obligations of this Agreement required to be performed or and complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 4 contracts
Samples: Merger Agreement (Enova International, Inc.), Merger Agreement (Enova International, Inc.), Merger Agreement (Enova International, Inc.)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects the obligations, and complied in all material respects with the agreements and covenants covenants, required to be performed by, or complied with by by, it under this Agreement on at or prior to the Effective Time.; and
Appears in 4 contracts
Samples: Merger Agreement (CorePoint Lodging Inc.), Merger Agreement (CorePoint Lodging Inc.), Merger Agreement (Cypress Semiconductor Corp /De/)
Performance of Obligations of the Company. The Company shall have performed, complied with or complied with, performed in all material respects all agreements the covenants and covenants obligations that the Company is required to be performed comply with or complied with by it to perform under this Agreement on or prior to the Effective Time.
Appears in 4 contracts
Samples: Merger Agreement (Mattson Technology Inc), Merger Agreement (Cypress Semiconductor Corp /De/), Merger Agreement (Cypress Semiconductor Corp /De/)
Performance of Obligations of the Company. The Company shall have performed, complied with or complied with, performed in all material respects all the covenants and agreements and covenants it is required to be performed comply with or complied with by it under this Agreement on perform at or prior to the Effective TimeClosing Date.
Appears in 4 contracts
Samples: Merger Agreement (Mirati Therapeutics, Inc.), Merger Agreement (Mirati Therapeutics, Inc.), Merger Agreement (IVERIC Bio, Inc.)
Performance of Obligations of the Company. The Company (and its appropriate subsidiaries) shall have performed, or complied with, performed in all material respects all its agreements and covenants required contained in Sections 6.1 and 6.2 and shall have performed in all material respects its other agreements and covenants contained in or contemplated by this Agreement to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 4 contracts
Samples: Merger Agreement (Energy East Corp), Merger Agreement (CTG Resources Inc), Merger Agreement (Energy East Corp)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects with all agreements and covenants required by the Agreement to be performed or complied with by it under this Agreement on or prior to the Effective TimeClosing Date.
Appears in 4 contracts
Samples: Merger Agreement, Merger Agreement (Ixys Corp /De/), Merger Agreement (Littelfuse Inc /De)
Performance of Obligations of the Company. The Company shall have performed, or complied with, in all material respects all agreements and covenants obligations required to be performed by or complied with by it under this Agreement on at or prior to the Effective TimeClosing Date.
Appears in 4 contracts
Samples: Merger Agreement (Magicjack Vocaltec LTD), Merger Agreement (B. Riley Financial, Inc.), Merger Agreement (Keysight Technologies, Inc.)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects with all agreements obligations and covenants required by this Agreement to be performed or complied with by it under this Agreement on or prior to the Effective TimeCompany by the time of the Closing.
Appears in 4 contracts
Samples: Investment Agreement (Santander Holdings USA, Inc.), Investment Agreement (Santander Holdings USA, Inc.), Investment Agreement (Santander Holdings USA, Inc.)
Performance of Obligations of the Company. The Company shall have performed, or performed and complied with, in all material respects with all agreements covenants, obligations and covenants conditions of this Agreement required to be performed or and complied with by it under this Agreement on at or prior to the Effective Timeapplicable date.
Appears in 4 contracts
Samples: Merger Agreement (New Relic, Inc.), Merger Agreement (Tufin Software Technologies Ltd.), Merger Agreement (Cloudera, Inc.)
Performance of Obligations of the Company. The Company shall will have performed, or performed and complied with, in all material respects all agreements respects, its agreements, obligations and covenants required to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 4 contracts
Samples: Merger Agreement (Asensus Surgical, Inc.), Merger Agreement (Asensus Surgical, Inc.), Agreement and Plan of Merger (Global Blood Therapeutics, Inc.)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects the obligations, and complied in all material respects with the agreements and covenants covenants, required to be performed by or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 4 contracts
Samples: Merger Agreement (Timberland Co), Agreement and Plan of Merger (V F Corp), Merger Agreement (Ecollege Com)
Performance of Obligations of the Company. The Company shall have performed, or performed and complied with, in all material respects respects, all agreements and covenants required to be performed or and complied with by it the Company under this Agreement on at or prior to the Effective TimeClosing Date.
Appears in 4 contracts
Samples: Merger Agreement (Usf&g Corp), Merger Agreement (Intercargo Corp), Merger Agreement (Usf&g Corp)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects all agreements and covenants obligations required to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 4 contracts
Samples: Merger Agreement (Halliburton Co), Merger Agreement (Baker Hughes Inc), Merger Agreement (Baker Hughes Inc)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects respects, all agreements and covenants obligations required to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (William Lyon Homes), Merger Agreement (Taylor Morrison Home Corp), Agreement and Plan of Merger (Taylor Morrison Home Corp)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects all with the obligations, covenants and agreements and covenants required to be performed or complied with by it under this the Agreement on at or prior to the Effective TimeClosing.
Appears in 4 contracts
Samples: Merger Agreement, Merger Agreement (Tapestry, Inc.), Agreement and Plan of Merger (Capri Holdings LTD)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects (or with respect to any obligation or agreement qualified by materiality or Material Adverse Effect, in all agreements respects) all obligations and covenants required agreements, and complied in all material respects (or with respect to any covenant qualified by materiality, in all respects) with all covenants, contained in this Agreement to be performed or complied with by it under this Agreement on or prior to or on the Effective TimeClosing Date.
Appears in 4 contracts
Samples: Merger Agreement (Adams Golf Inc), Merger Agreement (EF Johnson Technologies, Inc.), Merger Agreement (Lamson & Sessions Co)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects with all agreements of its obligations and covenants required to be performed or complied with by it under this Agreement on at or prior to the Effective TimeClosing.
Appears in 4 contracts
Samples: Merger Agreement (Emagin Corp), Merger Agreement (Rosetta Genomics Ltd.), Merger Agreement (Rosetta Genomics Ltd.)
Performance of Obligations of the Company. The Company shall will have performed, or performed and complied with, in all material respects with all agreements covenants and covenants obligations in this Agreement required to be performed or and complied with by it under this Agreement on at or prior to the Effective TimeClosing.
Appears in 3 contracts
Samples: Merger Agreement (Medallia, Inc.), Merger Agreement (Forescout Technologies, Inc), Merger Agreement (Forescout Technologies, Inc)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects all of the obligations, and complied in all material respects with the agreements and covenants covenants, required to be performed by or complied with by it under this Agreement on at or prior to the Effective TimeClosing Date.
Appears in 3 contracts
Samples: Merger Agreement (SGX Pharmaceuticals, Inc.), Merger Agreement (Iomai Corp), Merger Agreement (Energy Conversion Devices Inc)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects with all obligations, agreements and covenants required by this Agreement to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 3 contracts
Samples: Merger Agreement (Select Income Reit), Merger Agreement (Cole Corporate Income Trust, Inc.), Merger Agreement (Select Income REIT)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects with all material agreements and covenants required to be performed or complied with by it under this Agreement on at or prior to the Effective TimeClosing Date.
Appears in 3 contracts
Samples: Merger Agreement (Airxcel Inc), Merger Agreement (Northwestern Corp), Merger Agreement (Northwestern Corp)
Performance of Obligations of the Company. The Company shall (and/or its appropriate Subsidiaries) will have performed, or complied with, performed in all material respects all its agreements and covenants contained in or contemplated by this Agreement which are required to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 3 contracts
Samples: Merger Agreement (Midamerican Energy Holdings Co /New/), Merger Agreement (Puget Energy Inc /Wa), Merger Agreement (Constellation Energy Group Inc)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects any obligations and complied in all material respects with any covenants or other agreements and covenants required of the Company to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 3 contracts
Samples: Merger Agreement (infoGROUP Inc.), Merger Agreement (Thinkorswim Group Inc.), Merger Agreement (Td Ameritrade Holding Corp)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects with the obligations, and performed or complied in all material respects with the agreements and covenants covenants, required to be performed by, or complied with by by, it under this Agreement on or prior to the Effective Time.date of the Court Hearing;
Appears in 3 contracts
Samples: Acquisition Agreement (Cardtronics PLC), Acquisition Agreement (NCR Corp), Acquisition Agreement (Cardtronics PLC)
Performance of Obligations of the Company. The Company shall have performed, or complied with, in all material respects respects, all agreements and covenants obligations required to be performed or complied with by it under this Agreement on or prior to the Effective TimeAgreement.
Appears in 3 contracts
Samples: Merger Agreement (Energy XXI Gulf Coast, Inc.), Merger Agreement (Energy Xxi (Bermuda) LTD), Merger Agreement (Epl Oil & Gas, Inc.)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects all agreements respects, its covenants and covenants obligations under this Agreement required to be performed or complied with by it under this Agreement on at or prior to the Effective TimeClosing.
Appears in 3 contracts
Samples: Merger Agreement (Domtar CORP), Merger Agreement (Resolute Forest Products Inc.), Merger Agreement (Domtar CORP)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects all obligations and complied in all material respects with the agreements and covenants required to be performed by or complied with by it under this Agreement on or prior to the Effective TimeTime hereunder.
Appears in 3 contracts
Samples: Merger Agreement (Manhattan Pharmaceuticals Inc), Merger Agreement (Curagen Corp), Merger Agreement (Celldex Therapeutics, Inc.)
Performance of Obligations of the Company. The Company shall have performed, or complied with, in all material respects all performed or complied with the covenants and agreements and covenants required contained in this Agreement to be performed or complied with by it under this Agreement on or prior to or on the Effective TimeClosing Date.
Appears in 3 contracts
Samples: Merger Agreement (Westlake Chemical Corp), Merger Agreement (Axiall Corp/De/), Merger Agreement (Cooper Tire & Rubber Co)
Performance of Obligations of the Company. The Company shall have performed, or performed and complied with, in all material respects all agreements respects, its agreements, obligations and covenants required to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 3 contracts
Samples: Merger Agreement (Seagen Inc.), Merger Agreement (Pfizer Inc), Acquisition Agreement
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects all agreements obligations and complied in all material respects with all covenants required by this Agreement to be performed or complied with by it under this Agreement on or prior to the Effective Timeit.
Appears in 3 contracts
Samples: Rights Agreement (K Tron International Inc), Merger Agreement (K Tron International Inc), Merger Agreement (Hillenbrand, Inc.)
Performance of Obligations of the Company. The Company shall have performed, or complied with, in all material respects all agreements and covenants required to be performed or complied with by it under this Agreement on or prior to the Company Merger Effective Time.
Appears in 3 contracts
Samples: Merger Agreement (Baytex Energy Corp.), Merger Agreement (Ranger Oil Corp), Merger Agreement (Ranger Oil Corp)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects all with the covenants and agreements and covenants required contained in this Agreement to be performed or complied with by it under this Agreement on or prior to or on the Effective TimeClosing Date.
Appears in 3 contracts
Samples: Merger Agreement (Omnova Solutions Inc), Merger Agreement (United Technologies Corp /De/), Merger Agreement (Goodrich Corp)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects all with each of the obligations, agreements and covenants required contained in this Agreement to be performed or and complied with by it under this Agreement on the Company at or prior to the Effective TimeClosing pursuant to the terms of this Agreement.
Appears in 3 contracts
Samples: Merger Agreement (BM Technologies, Inc.), Merger Agreement (Timber Pharmaceuticals, Inc.), Merger Agreement (Timber Pharmaceuticals, Inc.)
Performance of Obligations of the Company. The Company shall have performed, or complied with, in all material respects all agreements and covenants (other than the covenants set forth in Section 6.13 or Section 6.22) required to be performed or complied with by it under this Agreement on or prior to the Effective Time.
Appears in 3 contracts
Samples: Merger Agreement (Vine Energy Inc.), Merger Agreement (Chesapeake Energy Corp), Merger Agreement (Chesapeake Energy Corp)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects all agreements and covenants with its obligations required to be performed or complied with by it under this Agreement on at or prior to the Effective TimeMerger Closing.
Appears in 3 contracts
Samples: Merger Agreement (TLB Merger Sub Inc.), Merger Agreement (Talbots Inc), Merger Agreement (Todd Shipyards Corp)
Performance of Obligations of the Company. The Company shall have performed, or in all material respects, all obligations and complied with, in all material respects respects, all agreements and covenants required to be performed or complied with by it under this Agreement on or prior to the Effective Time.;
Appears in 3 contracts
Samples: Merger Agreement (Opgen Inc), Merger Agreement (Liposcience Inc), Merger Agreement (Medtox Scientific Inc)
Performance of Obligations of the Company. The Company shall have performed, complied with or complied with, performed in all material respects all agreements and covenants obligations required to be performed or complied with or performed by it under this Agreement on at or prior to the Effective TimeClosing.
Appears in 2 contracts
Samples: Merger Agreement (Textainer Group Holdings LTD), Merger Agreement (Triton International LTD)
Performance of Obligations of the Company. The Company shall have performed, or performed and complied with, in all material respects all with the covenants and agreements and covenants in this Agreement required to be performed or and complied with by it under this Agreement on at or prior to the Effective TimeClosing.
Appears in 2 contracts
Samples: Merger Agreement (Infinera Corp), Merger Agreement (Nokia Corp)
Performance of Obligations of the Company. The Company shall have performed, performed or complied withcomplied, in all material respects all respects, with each of its covenants and agreements and covenants required to be performed or complied with by it under this Agreement on at or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Merger Agreement (Meet Group, Inc.), Merger Agreement (Sothebys)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects respects, all agreements and covenants or obligations required to be performed or complied with by it under this Agreement on at or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Merger Agreement (New Frontier Public Holding Ltd.), Merger Agreement (New Frontier Health Corp)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects all obligations, covenants and agreements and covenants required to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 2 contracts
Samples: Merger Agreement (Hawaiian Electric Co Inc), Merger Agreement (Nextera Energy Inc)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects each of the obligations, and complied in all material respects with each of the agreements and covenants covenants, required to be performed by, or complied with by by, it under this Agreement on at or prior to the Effective Time.Closing, provided that the Company shall have performed in all respects the obligations, and complied in all respects with the agreements and covenants, required to be performed by, or complied with by, it under Section 5.1(c)(xiii)(A) of this Agreement at or prior to the Closing;
Appears in 2 contracts
Samples: Merger Agreement (Walgreens Boots Alliance, Inc.), Merger Agreement (Rite Aid Corp)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects all agreements and covenants obligations required to be performed or and complied in all material respects with each covenant to be complied with by it under this Agreement on at or prior to the Effective TimeClosing.
Appears in 2 contracts
Samples: Merger Agreement (Hercules Inc), Merger Agreement (Ashland Inc.)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects all with each of the agreements and covenants required by this Agreement to be performed or complied with by it under this Agreement on at or prior to the Effective TimeClosing.
Appears in 2 contracts
Samples: Merger Agreement (CVS HEALTH Corp), Merger Agreement (Oak Street Health, Inc.)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects with all agreements and covenants required by this Agreement to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 2 contracts
Samples: Merger Agreement (Diversified Healthcare Trust), Merger Agreement (Office Properties Income Trust)
Performance of Obligations of the Company. The Company shall have performed, or complied with, with and performed in all material respects all the covenants and agreements and covenants it is required to be performed comply with or complied with by it under this Agreement on perform at or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Intevac Inc), Agreement and Plan of Merger (Decibel Therapeutics, Inc.)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects any obligation and complied in all agreements and covenants required material respects with any agreement or covenant of the Company to be performed or complied with by it under this Agreement on or prior to or at the Effective Timetime of the Closing.
Appears in 2 contracts
Samples: Merger Agreement (Tennant James R), Merger Agreement (Home Products International Inc)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects (or, with respect to any obligation or agreement qualified by materiality or Material Adverse Effect, in all agreements respects) all obligations and covenants required agreements, and complied in all material respects (or with respect to any covenant qualified by materiality, in all respects) with all covenants, contained in this Agreement to be performed or complied with by it under this Agreement on or prior to or on the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Merger Agreement (Meade Instruments Corp), Merger Agreement (Meade Instruments Corp)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects all agreements and covenants with its obligations required to be performed or complied with by it under this Agreement on or prior to the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Hill International, Inc.), Agreement and Plan of Merger (Hill International, Inc.)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects all with the obligations, covenants and agreements and covenants required that are to be performed or complied with by it the Company under this Agreement on or prior to the Effective Time.;
Appears in 2 contracts
Samples: Merger Agreement (Easylink Services International Corp), Merger Agreement (Open Text Corp)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects with all agreements and covenants required to be performed or complied with by it under this Agreement on or prior to the Effective TimeClosing.
Appears in 2 contracts
Samples: Merger Agreement (Industrial Logistics Properties Trust), Merger Agreement (Monmouth Real Estate Investment Corp)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects any material obligation and complied in all agreements and covenants required material respects with any material agreement or covenant of the Company to be performed or complied with by it under this Agreement on or prior to or at the Effective Timetime of the Closing.
Appears in 2 contracts
Samples: Merger Agreement (Championship Auto Racing Teams Inc), Merger Agreement (Championship Auto Racing Teams Inc)
Performance of Obligations of the Company. The Company shall have performed, complied with or complied with, performed in all material respects all of the Company’s covenants and agreements and covenants it is required to be performed comply with or complied with by it perform under this Agreement on at or prior to the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Zeltiq Aesthetics Inc), Merger Agreement (Zeltiq Aesthetics Inc)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects all its agreements and covenants required contained in this Agreement to be performed or complied with by it under this Agreement on the Company at or prior to the Effective TimeTime pursuant to the terms of this Agreement.
Appears in 2 contracts
Samples: Merger Agreement (Burlington Coat Factory Warehouse Corp), Merger Agreement (COHOES FASHIONS of CRANSTON, Inc.)
Performance of Obligations of the Company. The Company shall have performed, or complied with, in all material respects performed all agreements obligations and complied with all covenants required by this Agreement to be performed or complied with by it under this Agreement on or prior to the Effective Time.
Appears in 2 contracts
Samples: Merger Agreement (Eldorado Resorts, Inc.), Merger Agreement (CAESARS ENTERTAINMENT Corp)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects with all agreements obligations and covenants (considered individually and collectively) required by this Agreement and the Ancillary Agreements to be performed or complied with by it under this Agreement on or prior the Company, and the Purchaser shall have received a certificate signed by an authorized officer of the Company to the Effective Timesuch effect.
Appears in 2 contracts
Samples: Stock Purchase Agreement (LDK Solar Co., Ltd.), Stock Purchase Agreement (Solar Power, Inc.)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects each of its obligations under this Agreement required to be performed at or prior to the Effective Time and shall have complied in all material respects with each covenant and other agreements and covenants required of the Company to be performed or complied with by it under this Agreement on or prior to the Effective TimeAgreement.
Appears in 2 contracts
Samples: Merger Agreement, Merger Agreement (Market Leader, Inc.)
Performance of Obligations of the Company. The Company shall have performed, or performed and complied with, in each case in all material respects respects, all agreements and covenants required the obligations that are to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 2 contracts
Samples: Merger Agreement (Enzymotec Ltd.), Merger Agreement (Frutarom LTD)
Performance of Obligations of the Company. The Company shall have performed, or complied with, in Each and all material respects all of the agreements and covenants required of the Company to be performed or and complied with by it under pursuant to this Agreement on or prior to the Parent Effective TimeTime shall have been duly performed and complied with in all material respects.
Appears in 2 contracts
Samples: Merger Agreement (Delek US Holdings, Inc.), Merger Agreement (Alon USA Energy, Inc.)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, with in all material respects all agreements and covenants required to be performed by or complied with by it under this Agreement on or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Organon & Co.), Agreement and Plan of Merger (Roivant Sciences Ltd.)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects all with its agreements and covenants required by this Agreement to be performed or complied with by it under this Agreement on or prior to the Effective Time.
Appears in 2 contracts
Samples: Merger Agreement (AeroGrow International, Inc.), Merger Agreement (SMG Growing Media, Inc.)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, with in all material respects all its agreements and covenants contained in this Agreement which are required to be performed or complied with by it under this Agreement on the Company at or prior to the Effective TimeClosing pursuant to the terms of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Chindex International Inc), Merger Agreement (Chindex International Inc)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects all agreements obligations, and covenants complied in all material respects with all covenants, required to be performed or complied with by it under this Agreement on or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Merger Agreement (DraftKings Inc.), Merger Agreement (Golden Nugget Online Gaming, Inc.)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects all with its obligations, agreements and covenants required to be performed or complied with by it under this Agreement on at or prior to the Effective TimeClosing.
Appears in 2 contracts
Samples: Merger Agreement (Revlon Inc /De/), Merger Agreement (Elizabeth Arden Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects the agreements or covenants required to be performed, or complied with, in all material respects all agreements and covenants required to be performed or complied with by it under this the Agreement on at or prior to the Effective Time.; and
Appears in 2 contracts
Samples: Merger Agreement (Globus Medical Inc), Merger Agreement (Nevro Corp)
Performance of Obligations of the Company. The Company shall will have performed, or complied with, performed in all material respects all its agreements and covenants contained in or contemplated by this Agreement which are required to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 2 contracts
Samples: Merger Agreement (Alpine Alpha 3, Ltd.), Merger Agreement (American Retail Group, Inc.)
Performance of Obligations of the Company. The Company shall have performed, or performed and complied with, in all material respects with all agreements of the covenants and covenants obligations of this Agreement required to be performed or and complied with by it under this Agreement on at or prior to the Effective TimeClosing.
Appears in 2 contracts
Samples: Merger Agreement (Haynes International Inc), Merger Agreement (Haynes International Inc)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects all obligations, and complied in all material respects with the agreements and covenants covenants, required to be performed by or complied with by it under this Agreement on at or prior to the Effective TimeClosing.
Appears in 2 contracts
Samples: Merger Agreement (Arch Capital Group Ltd.), Merger Agreement (Watford Holdings Ltd.)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects and complied in all material respects with all agreements and covenants required to be performed or complied with by it under this Agreement on at or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Merger Agreement (Bearing Resources Ltd.), Merger Agreement (Li3 Energy, Inc.)
