Additional Conditions to Obligations of Company. The obligation of Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 69 contracts
Samples: Agreement and Plan of Reorganization (Tangram Enterprise Solutions Inc), Agreement and Plan of Merger (Interwoven Inc), Escrow Agreement (MSC Software Corp)
Additional Conditions to Obligations of Company. The obligation of ----------------------------------------------- Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 11 contracts
Samples: Agreement and Plan of Reorganization (Netopia Inc), Agreement and Plan of Merger (Onsale Inc), Agreement and Plan of Merger (Imall Inc)
Additional Conditions to Obligations of Company. The obligation of the Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 11 contracts
Samples: Agreement and Plan of Merger (Electronic Clearing House Inc), Agreement and Plan of Merger (Sybase Inc), Agreement and Plan of Merger (Extended Systems Inc)
Additional Conditions to Obligations of Company. The obligation obligations of the Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 10 contracts
Samples: Agreement and Plan of Merger (Mandalay Media, Inc.), Agreement and Plan of Merger (Key Hospitality Acquisition CORP), Agreement and Plan of Merger (U S Wireless Data Inc)
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date Effective Time of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 6 contracts
Samples: Agreement and Plan of Reorganization (Nptest Holding Corp), Agreement and Plan of Reorganization (Centra Software Inc), Agreement and Plan of Reorganization (Credence Systems Corp)
Additional Conditions to Obligations of Company. The obligation of Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:: (a)
Appears in 5 contracts
Samples: Agreement and Plan Of (Keravision Inc /Ca/), Exhibit 2 Agreement (Transcend Therapeutics Inc), Agreement and Plan of Reorganization (Truevision Inc)
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger shall be are subject to the satisfaction at or waiver by Company, on or prior to the Closing Date of each Date, of the following additional conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Wellpoint Health Networks Inc /De/), Agreement and Plan of Merger (Wellpoint Inc), Agreement and Plan of Merger (Anthem Inc)
Additional Conditions to Obligations of Company. The obligation of Company to consummate and effect the Merger shall be is subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Dictaphone Corp /De), Agreement and Plan of Merger (Lernout & Hauspie Speech Products Nv), Agreement and Plan of Merger (Basin Exploration Inc)
Additional Conditions to Obligations of Company. The obligation obligations of the Company to consummate and effect the Merger shall be are subject to the satisfaction of, or waiver by the Company, at or prior to the Closing Date of each of the following additional conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Massachusetts Mutual Life Insurance Co), Agreement and Plan of Merger (Tremont Advisers Inc), Agreement and Plan of Merger 2 Agreement (Schulman Robert I)
Additional Conditions to Obligations of Company. The obligation obligations of the Company to consummate and effect the Merger Transaction shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Asap Show, Inc.), Securities Purchase Agreement (Cyber Merchants Exchange Inc), Securities Purchase Agreement (Cyber Merchants Exchange Inc)
Additional Conditions to Obligations of Company. The obligation of Company to consummate and effect the Merger Arrangement shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 3 contracts
Samples: Acquisition Agreement (Peregrine Systems Inc), Acquisition Agreement (Photon Dynamics Inc), Voting Agreement (Peregrine Systems Inc)
Additional Conditions to Obligations of Company. The obligation obligations ----------------------------------------------- of Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date Effective Time of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 3 contracts
Samples: Agreement and Plan of Merger and Reorganization (E Trade Group Inc), Agreement and Plan of Merger (E Trade Group Inc), Shareholder Agreement (Digital Island Inc)
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger shall be are subject to the satisfaction at of, or waiver by Company, on or prior to the Closing Date of each of the following additional conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Trigon Healthcare Inc), Agreement and Plan of Merger (Rightchoice Managed Care Inc /De), Agreement and Plan of Merger (Anthem Inc)
Additional Conditions to Obligations of Company. The obligation obligations of the Company to consummate and effect the Merger and the other transactions contemplated hereby shall be subject to the satisfaction at or prior to the Closing Date Effective Time of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Altiris Inc), Agreement and Plan of Merger (Pegasystems Inc)
Additional Conditions to Obligations of Company. The obligation of Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Go2net Inc), Agreement and Plan (Telcom Semiconductor Inc)
Additional Conditions to Obligations of Company. The obligation ----------------------------------------------- of Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 2 contracts
Samples: Voting Agreement (Broadbase Software Inc), Agreement and Plan of Merger (Kana Communications Inc)
Additional Conditions to Obligations of Company. The obligation of ----------------------------------------------- Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Novell Inc), Agreement and Plan of Reorganization (Infospace Inc)
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger shall be are subject to the satisfaction at satisfaction, or waiver by Company, on or prior to the Closing Date of each Date, of the following additional conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Bruker Daltonics Inc), Agreement and Plan of Merger (Bruker Axs Inc)
Additional Conditions to Obligations of Company. The obligation of Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date Effective Time of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (McData Corp), Agreement and Plan of Merger and Reorganization (Endorex Corp)
Additional Conditions to Obligations of Company. The obligation of the Company to consummate and effect the Merger I shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Aclara Biosciences Inc), Agreement and Plan of Merger and Reorganization (Virologic Inc)
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger Mergers shall be subject to the satisfaction at or prior to the Closing Date Effective Time of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Cybersource Corp), Agreement and Plan of Reorganization (Authorize.Net Holdings, Inc.)
Additional Conditions to Obligations of Company. The obligation of Company and the Stockholders to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sun Healthcare Group Inc), Agreement and Plan of Merger (MCK Communications Inc)
Additional Conditions to Obligations of Company. The obligation of Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waivedwaived in whole or in part, in writing, exclusively by Company:
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Netscreen Technologies Inc), Agreement and Plan of Reorganization (Juniper Networks Inc)
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger shall be are subject to the satisfaction at or, to the extent permitted by applicable Law, waiver by Company, on or prior to the Closing Date of each Date, of the following additional conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Amerigroup Corp), Agreement and Plan of Merger (Wellpoint, Inc)
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger and the transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Citadel Technology Inc)
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger shall be subject to the satisfaction or waiver by Company at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 1 contract
Additional Conditions to Obligations of Company. The obligation ----------------------------------------------- obligations of Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date Effective Time of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 1 contract
Additional Conditions to Obligations of Company. The obligation of the Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Proxymed Inc /Ft Lauderdale/)
Additional Conditions to Obligations of Company. The obligation of Company to consummate and effect the Merger shall will be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 1 contract
Additional Conditions to Obligations of Company. The obligation of Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date Effective Time of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Pharmafrontiers Corp)
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger shall be are subject to the satisfaction at or, to the extent permitted by applicable Law, waiver by Company, on or prior to the Closing Date of each Date, of the following conditions, any of which may be waived, in writing, exclusively by Company:additional conditions:β
Appears in 1 contract
Samples: Agreement and Plan of Merger
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger shall be and the other transactions contemplated hereby are also subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any or all of which may be waivedwaived in writing by Company, in writing, exclusively by Companywhole or in part:
Appears in 1 contract
Additional Conditions to Obligations of Company. The obligation of ----------------------------------------------- Company to consummate and effect the Merger shall be subject to the satisfaction or fulfillment, at or prior to the Closing Date Effective Time, of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 1 contract
Samples: Amended and Restated Agreement and Plan of Merger and Reorganization (Quantum Corp /De/)
Additional Conditions to Obligations of Company. The ----------------------------------------------- obligation of Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Microchip Technology Inc)
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger and the transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Argonaut Technologies Inc)
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 1 contract
Samples: Merger Agreement (Intersections Inc)
Additional Conditions to Obligations of Company. The obligation obligations of the Company to consummate and effect the Merger shall be and the other transactions contemplated hereby are also subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 1 contract
Additional Conditions to Obligations of Company. The obligation of Company to consummate and effect the Merger shall be is subject to the satisfaction at or prior to the Closing Date of each of the following conditionsconditions prior to the Effective Time, any of which may be waived, waived in writing, writing exclusively by Company:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Unisource Energy Corp)
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger shall be are subject to the satisfaction at or prior to the Closing Date of each of the following conditionsconditions prior to the Effective Time, any of which may be waived, waived in writing, writing exclusively by Company:
Appears in 1 contract
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger and the Contribution shall be subject to the satisfaction or waiver by Company at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 1 contract
Additional Conditions to Obligations of Company. The obligation obligations of ----------------------------------------------- Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date Effective Time of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Sandpiper Networks Inc)
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger Closing shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 1 contract
Additional Conditions to Obligations of Company. The obligation obligations of the Company to consummate and effect the Merger Mergers shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 1 contract
Samples: Amended and Restated Agreement and Plan of Merger (Key Hospitality Acquisition CORP)
Additional Conditions to Obligations of Company. The obligation of ----------------------------------------------- Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:: -41-
Appears in 1 contract
Additional Conditions to Obligations of Company. The obligation of Company to consummate and effect the Merger shall be subject to the satisfaction or fulfillment, at or prior to the Closing Date Effective Time, of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 1 contract
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to fulfillment on the Closing Date and as of the Effective Time of each of the following conditions, conditions (any one or more of which may be waivedwaived by Company, but only in writing, exclusively by Company:):
Appears in 1 contract
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate the Merger and effect the Merger other transactions contemplated hereby shall be subject to the satisfaction or waiver by Company at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 1 contract
Additional Conditions to Obligations of Company. The obligation obligations of Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Effective Date of each of the following conditions, any of which may be waived, in writing, exclusively by Company:
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Fast Eddie Racing Stables Inc)
Additional Conditions to Obligations of Company. The obligation obligations of the Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Perma Fix Environmental Services Inc)
