Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Effective Time; and Purchaser shall have received a certificate signed on behalf of the Company by the Chief Executive Officer or the Chief Financial Officer of the Company to such effect.
Appears in 3 contracts
Samples: Merger Agreement (Pacific Capital Bancorp /Ca/), Merger Agreement (Unionbancal Corp), Merger Agreement
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Effective Time; and Purchaser Acquirer shall have received a certificate signed on behalf of the Company by the Chief Executive Officer or and the Chief Financial Officer of the Company to such effect.
Appears in 3 contracts
Samples: Merger Agreement (Hope Bancorp Inc), Merger Agreement (BBCN Bancorp Inc), Merger Agreement (BBCN Bancorp Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Effective Time; Time in order to consummate the Merger, and Purchaser shall have received a certificate certificate, dated the Effective Date, signed on behalf of the Company by the Chief Executive Officer or the Chief Financial Officer a duly authorized officer of the Company to such effect.
Appears in 2 contracts
Samples: Merger Agreement (PEM Holding Co.), Merger Agreement (Penn Engineering & Manufacturing Corp)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at on or prior to the Effective TimeClosing Date; and Purchaser the Buyer shall have received a certificate certificate, in a form reasonably satisfactory to the Buyer, signed on behalf of the Company by the Chief Executive Officer or the Chief Financial Officer an authorized officer of the Company to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Aclaris Therapeutics, Inc.), Merger Agreement (Sucampo Pharmaceuticals, Inc.)
Performance of Obligations of the Company. The Company shall ----------------------------------------- have performed or complied with in all material respects all material obligations required to be performed or complied with by it under this Agreement at or prior to the Effective Time; , and Purchaser Acquisition shall have received a certificate to such effect signed on behalf of the Company by the its Chief Executive Officer or the its Chief Financial Officer of the Company to such effectOfficer.
Appears in 2 contracts
Samples: Merger Agreement (Banctec Inc), Agreement and Plan of Merger (Banctec Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Effective Time; , and Purchaser Acquiror shall have received a certificate signed on behalf of the Company by the Chief Executive Officer chief executive officer or the Chief Financial Officer chief financial officer of the Company to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Columbus Realty Trust), Merger Agreement (Post Apartment Homes Lp)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations 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 at or prior to the Effective Time; , and Purchaser Acquiror shall have received a certificate signed on behalf of the Company by the Chief Executive Officer or the Chief Financial Officer an authorized executive officer of the Company to such effect.
Appears in 2 contracts
Samples: Arrangement Agreement (Magnum Hunter Resources Corp), Arrangement Agreement (NGAS Resources Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Effective Time; and Purchaser Buyer shall have received a certificate signed on behalf of the Company by the Chief Executive Officer or the Chief Financial Officer of the Company to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Patriot Capital Funding, Inc.), Merger Agreement (Prospect Capital Corp)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to and the Effective Time; and Purchaser shall have received at Closing a certificate signed on behalf of the Company by the Chief Executive Officer or the Chief Financial Officer an executive officer of the Company to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Ipsen, S.A.), Merger Agreement (Tercica Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Effective Time; Closing Date, including, without limitation, the obligations of the Company under Section 4.3 hereof with respect to the Company Awards and Purchaser other securities, and Dimensional shall have received a certificate signed on behalf of the Company by the Chief Executive Officer or the Chief Financial Officer an executive officer of the Company to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Dimensional Associates, LLC), Merger Agreement (Orchard Enterprises, Inc.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all each of its obligations required to be performed by it under this Agreement at on or prior to the Effective Time; Closing Date, and Purchaser the Buyer shall have received a certificate signed on behalf of the Company by the Chief Executive Officer chief executive officer or the Chief Financial Officer chief financial officer of the Company to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Vital Signs Inc), Merger Agreement (General Electric Co)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Effective Time; , and Purchaser the Acquiror shall have received a certificate certificate, dated the Closing Date, signed on behalf of the Company by the Chief Executive Officer or and the Chief Financial Officer of the Company to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Flag Financial Corp), Merger Agreement (Centura Banks Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Effective Time; Closing, and Purchaser Buyer shall have received a certificate signed on behalf of the Company by the Chief Executive Officer or the Chief Financial Officer of the Company to such effect.
Appears in 2 contracts
Samples: Bid Conduct Agreement (CommScope Holding Company, Inc.), Bid Conduct Agreement (ARRIS International PLC)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Effective Time; Closing Date, and Purchaser Acquiror shall have received a certificate signed on behalf of the Company by the Chief Executive Officer or the Chief Financial Officer an executive officer of the Company to such effect.
Appears in 1 contract
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations 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 at or prior to the Effective Time; , and Purchaser Acquirors shall have received a certificate signed on behalf of the Company by the Chief Executive Officer or the Chief Financial Officer an authorized executive officer of the Company to such effect.
Appears in 1 contract
Samples: Arrangement Agreement (Magnum Hunter Resources Corp)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Effective Time; Closing Date, and Purchaser Group shall have received a certificate signed on behalf of the Company by the Chief Executive Officer or the and Chief Financial Officer of the Company to such effect.
Appears in 1 contract
Samples: Merger Agreement (Walden Vc Ii L P)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations obliga tions required to be performed by it under this Agreement at or prior to the Effective Time; Closing Date, and Purchaser Acquiror shall have received a certificate signed on behalf of the Company by the Chief Executive Officer or the Chief Financial Officer an executive officer of the Company to such effect.
Appears in 1 contract
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it the Company under this Agreement at or prior to the Effective Time; Closing, and Purchaser the Company shall have received delivered to the Special Committee a certificate signed on behalf of the Company by the Chief Executive Officer or the Chief Financial Officer an executive officer of the Company to such effect.
Appears in 1 contract
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Effective Time; and Purchaser Acquirer shall have received a certificate signed on behalf of the Company by the Chief Executive Officer or and the Chief Financial Officer of the Company to such effect.
Appears in 1 contract
Samples: Merger Agreement (BBCN Bancorp Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Effective TimeClosing Date; and Purchaser Buyer shall have received a certificate signed on behalf of the Company by the Chief Executive Officer or the Chief Financial Officer of the Company to such effect.
Appears in 1 contract
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at on or prior to the Effective TimeClosing Date; and the Purchaser shall have received a certificate signed on behalf of the Company by the Chief Executive Officer or the Chief Financial Officer manager of the Company to such effect.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Vantiv, Inc.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Effective Time; Closing and complied in all material respects with all of its covenants under this Agreement through the Closing and Purchaser shall have received a certificate signed on behalf of the Company by the Chief Executive Officer or the Chief Financial Officer an executive officer of the Company to such effect.
Appears in 1 contract
Samples: Merger Agreement (Sourcecorp Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Effective TimeClosing; and Purchaser Buyer shall have received a certificate signed on behalf of the Company by the Chief Executive Officer or the Chief Financial Officer chief executive officer and chief financial officer of the Company to such effect.
Appears in 1 contract
Performance of Obligations of the Company. The Company ----------------------------------------- shall have performed all of its obligations in all material respects all obligations required to be performed by it under this Agreement at or prior to the Effective Time; Closing Date, and Purchaser the Company shall have received delivered to Public and Merger Sub a certificate signed on behalf of the Company by the Chief Executive Officer or and the Chief Financial Officer of the Company to such effect.
Appears in 1 contract
Samples: Merger Agreement (Ipcs Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Effective Time; Closing Date, and Purchaser shall have received a certificate signed on behalf of the Company by the Chief Executive Officer or the Chief Financial Officer an executive officer of the Company to such effect.
Appears in 1 contract
Samples: Merger Agreement (Golfsmith International Holdings Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Effective Time; and Purchaser Agreement. The Buyer shall have received a certificate to such effect signed on behalf of the Company by the Chief Executive Officer or the and Chief Financial Officer of the Company to such effectCompany.
Appears in 1 contract
Performance of Obligations of the Company. The Company shall have ----------------------------------------- performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Effective Time; , and Purchaser the Acquiror shall have received a certificate certificate, dated the Effective Date, signed on behalf of the Company by the Chief Executive Officer or and the Chief Financial Officer of the Company to such effect.
Appears in 1 contract
Samples: Agreement and Plan of Combination (Dime Bancorp Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Effective Time; , and Purchaser Acquiror shall have received a certificate signed on behalf of the Company by the Chief Executive Officer chief executive officer or the Chief Financial Officer chief financial officer of the Company Company, in such capacity, to such effect.
Appears in 1 contract
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Effective Time; Closing, and Purchaser the Buyer shall have received a certificate signed on behalf of the Company by the Chief Executive Officer or the Chief Financial Officer of the Company to such effect.
Appears in 1 contract
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Effective Time; Time and Purchaser Acquiror shall have received a certificate signed on behalf of the Company by the Chief Executive Officer or the its Chief Financial Officer of the Company to such effect.
Appears in 1 contract
Samples: Merger Agreement (MPW Industrial Services Group Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to before the Effective Time; , and Purchaser Acquirer and Merger Sub shall have received a certificate certificate, dated the Closing Date, signed on behalf of the Company by the Chief Executive Officer or the Chief Financial Officer an authorized officer of the Company to such that effect.
Appears in 1 contract
Samples: Merger Agreement (LendingClub Corp)