Common use of Terms and Conditions of Merger; Abandonment Clause in Contracts

Terms and Conditions of Merger; Abandonment. The Merger shall be effected in accordance with the terms and conditions set forth in this Plan of Merger. The Merger may be abandoned at any time prior to the Effective Time in the event that the Merger Agreement, dated as of October __, 1999 (the "Merger Agreement"), by and among the Constituent Corporations and CIC Acquisition Co., a Delaware corporation ("Parent"), shall be terminated. The obligations of the Constituent Corporations to cause articles of merger to be filed to effect the Merger are subject to the satisfaction or waiver of the conditions to the closing under the Merger Agreement.

Terms and Conditions of Merger; Abandonment. The Merger shall be effected in accordance with the terms and conditions set forth in this Plan of Merger. The Merger may be abandoned at any time prior to the Effective Time in the event that the Merger Acquisition Agreement, dated as of October __January 5, 1999 1998 (the "Merger Agreement"), by and among the Constituent Corporations and CIC Acquisition Co.Oakwood Homes Corporation, a Delaware North Carolina corporation ("ParentOakwood"), shall be terminated. The obligations of the Constituent Corporations to cause articles Articles of merger Merger to be filed to effect the Merger are subject to the satisfaction or waiver of the conditions to the closing under the Merger Agreement.