WAIVERS BY EQUITEX AND THE MERGER SUBSIDIARY Sample Clauses

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WAIVERS BY EQUITEX AND THE MERGER SUBSIDIARY. Equitex and the Merger Subsidiary hereby waive the following conditions to Closing:

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Related to WAIVERS BY EQUITEX AND THE MERGER SUBSIDIARY

• COVENANTS OF PARENT AND THE COMPANY The parties hereto agree that:

• Covenants of Parent and Merger Sub Parent and Merger Sub covenant and agree with Company as follows:

• Merger Subsidiary At the Effective Time, each share of Common Stock, par value $.01 per share, of Merger Subsidiary issued and outstanding immediately prior to the Effective Time shall be converted into one share of common stock of the Surviving Corporation.

• Covenants of the Company and the Selling Shareholders (a) The Company covenants and agrees with the several Underwriters that:

• Certain Agreements of the Company and the Selling Stockholders The Company agrees with the several Underwriters and the Selling Stockholders that:

• Covenants of the Company and the Selling Stockholders The Company and each Selling Stockholder covenants with each Underwriter as follows:

• REPRESENTATIONS AND WARRANTIES OF PARENT AND MERGER SUBSIDIARY Parent and Merger Subsidiary represent and warrant to the Company as follows:

• Conditions to Obligations of Parent and Merger Sub to Effect the Merger The obligations of Parent and Merger Sub to effect the Merger are further subject to the satisfaction (or waiver, if permissible under applicable Law) on or prior to the Closing Date of the following conditions:

• Conditions to the Obligations of Parent and Merger Subsidiary The obligations of Parent and Merger Subsidiary to consummate the Merger are subject to the satisfaction of the following further conditions:

• Representations and Warranties by the Company and the Operating Partnership Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows: