Structure of the Merger. (a) At least 14 business days prior to the anticipated mailing of the Information Statement/Prospectus (as defined in Section 6.2) AIMCO shall notify IPT whether, at the Effective Time (as defined in Section 1.4) (x) IPT shall be merged with and into AIMCO, with AIMCO being the surviving entity or (y) a subsidiary of AIMCO shall be merged with and into IPT, with IPT being the surviving entity. If AIMCO elects to cause the Merger to occur pursuant to (y) above, then this Agreement shall be amended to (i) add such subsidiary as a party to this Agreement, (ii) make such other additional incidental amendments as are needed to provide for a subsidiary merger, and where required, to provide that AIMCO will cause its subsidiary to take action in lieu of AIMCO, as agreed by IPT and AIMCO and their respective counsel, and (iii) include an unconditional guarantee by AIMCO of the obligations of its subsidiary in the Merger.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Farkas Andrew L), Agreement and Plan of Merger (Apartment Investment & Management Co), Agreement and Plan of Merger (Farkas Andrew L)
