Additional Conditions to the Obligations of the 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 58 contracts
Samples: Agreement and Plan of Merger (Sun Microsystems, Inc.), Agreement and Plan of Merger (Sun Microsystems, Inc.), Agreement and Plan of Merger (Tarantella Inc)
Additional Conditions to the Obligations of the Company. The obligation of the 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 additional conditions, any one or more of which may be waived, waived in writing, exclusively writing by the Company:
Appears in 27 contracts
Samples: Agreement and Plan of Merger (Chardan Healthcare Acquisition 2 Corp.), Agreement and Plan of Merger (Graf Acquisition Corp. IV), Agreement and Plan of Merger (Callaway Golf Co)
Additional Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be are subject to the satisfaction or waiver (where permissible under applicable Law) of the following additional conditions at or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by the CompanyDate:
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Yao Jinbo), Agreement and Plan of Merger (51job, Inc.), Agreement and Plan of Merger (58.com Inc.)
Additional Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be further subject to the satisfaction (or waiver, if permitted by applicable Law) at or prior to the Closing Date of each of the following additional conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Adaptimmune Therapeutics PLC), Agreement and Plan of Merger (Akari Therapeutics PLC), Agreement and Plan of Merger
Additional Conditions to the Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be is subject to the satisfaction at or prior to the Closing Date of each Effective Time of the following conditions, any and all of which may be waived, waived in writing, exclusively whole or in part by the CompanyCompany to the extent permitted by applicable law:
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Textron Inc), Agreement and Plan of Merger (Waverly Inc), Agreement and Plan of Merger (Provident Companies Inc)
Additional Conditions to the Obligations of the Company. The obligation of the Company to consummate and effect the Merger also 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 5 contracts
Samples: Agreement and Plan of Merger (Absolute Software Corp), Agreement and Plan of Merger (Infor, Inc.), Agreement and Plan of Merger (Ikena Oncology, Inc.)
Additional Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be are subject to the satisfaction at or waiver (where permissible under applicable Law) of the following additional conditions on or prior to the Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by the CompanyDate:
Appears in 5 contracts
Samples: Agreement and Plan of Merger (TDCX Inc.), Agreement and Plan of Merger (O2micro International LTD), Agreement and Plan of Merger (Genetron Holdings LTD)
Additional Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be subject to the satisfaction satisfaction, at or prior to the Closing Date of each Effective Time, of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (McAfee, Inc.), Agreement and Plan of Merger (99 Cents Only Stores), Agreement and Plan of Merger (Intel Corp)
Additional Conditions to the Obligations of the 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 Effective Time of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (Omniture, Inc.), Agreement and Plan of Reorganization (Omniture, Inc.), Agreement and Plan of Reorganization (Visual Sciences, Inc.)
Additional Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be are subject to the satisfaction fulfillment at or prior to the Closing Date of each of the following additional conditions, any of which may be waived, waived in writing, exclusively in whole or in part, by the Company:
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Showscan Entertainment Inc), Agreement and Plan of Reorganization (Iwerks Entertainment Inc), Agreement and Plan of Reorganization (Showscan Entertainment Inc)
Additional Conditions to the Obligations of the Company. The obligation 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 3 contracts
Samples: Agreement and Plan of Merger (Ligand Pharmaceuticals Inc), Agreement and Plan of Reorganization (Palm Inc), Agreement and Plan of Reorganization (Handspring Inc)
Additional Conditions to the Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be is also subject to the satisfaction or waiver by the Company at or prior to the Closing Date of each Effective Time of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Krispy Kreme Doughnuts Inc), Agreement and Plan of Merger (Keurig Green Mountain, Inc.), Agreement and Plan of Merger (Panera Bread Co)
Additional Conditions to the Obligations of the Company. The obligation of the Company to consummate and effect the Merger Scheme of Arrangement shall be subject to the satisfaction at on 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: Implementation Agreement (Verigy Holding Co. Ltd.), Implementation Agreement (Advantest Corp), Implementation Agreement (Verigy Ltd.)
Additional Conditions to the Obligations of the Company. The obligation of the Company to consummate and effect the Merger issuance of the Shares hereunder 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 (Acer Therapeutics Inc.), Securities Purchase Agreement (Acer Therapeutics Inc.), Securities Purchase Agreement (Pixelworks, Inc)
Additional Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be subject to the satisfaction satisfaction, or, to extent permitted by Applicable Law, the waiver by the Company, 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 (Navteq Corp), Stockholder Voting Agreement (Navteq Corp)
Additional Conditions to the Obligations of the Company. The obligation of the Company to consummate and effect or cause to be consummated the Merger shall be are subject to the satisfaction at or prior to as of the Closing Date of each of the following additional conditions, any one or more of which may be waived, waived (to the extent permitted by applicable Law) in writing, exclusively writing by the Company:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Fuwei Films (Holdings), Co. Ltd.), Agreement and Plan of Merger (Aptorum Group LTD)
Additional Conditions to the Obligations of the 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 Merger 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 (Avigen Inc \De), Agreement and Plan of Merger (Medicinova Inc)
Additional Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger Transactions 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: Securities Exchange Agreement (Globalwise Investments Inc), Securities Exchange Agreement (Bingham Canyon Corp)
Additional Conditions to the Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be is also subject to the satisfaction satisfaction, or waiver by the Company, at or prior to the Closing Date of each Effective Time 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 (Accuray Inc), Agreement and Plan of Merger (TomoTherapy Inc)
Additional Conditions to the Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be subject to the satisfaction at on or prior to the Closing Date of each of the following additional conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Axway Inc.), Agreement and Plan of Merger (Tumbleweed Communications Corp)
Additional Conditions to the Obligations of the 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 waivedwaived (to the extent permitted by applicable Legal Requirements), in writing, exclusively by the Company:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Kanbay International Inc), Agreement and Plan of Merger (Cap Gemini Sa)
Additional Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be subject to the satisfaction or written waiver by the Company at or prior to the Closing Date of each Effective Time of the following additional conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Seagen Inc.), Agreement and Plan of Merger (Pfizer Inc)
Additional Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be subject to the satisfaction (or written waiver exclusively by the Company, if permissible under applicable Law) 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 (Visa Inc.), Agreement and Plan of Merger (Cybersource Corp)
Additional Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be subject to the satisfaction or waiver, at or prior to the Closing Date Closing, 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 (Intel Corp), Agreement and Plan of Merger (Altera Corp)
Additional Conditions to the Obligations of the 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 additional conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Green Mountain Coffee Roasters Inc)
Additional Conditions to the Obligations of the 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 Effective Time 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 (Juniper Networks Inc)
Additional Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be further subject to the satisfaction at or waiver on 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
Additional Conditions to the Obligations of the Company. The obligation of the Company to consummate and effect or cause to be consummated the Merger shall be are subject to the satisfaction at or prior to as of the Closing Date of each of the following additional conditions, any one or more of which may be waived, waived (to the extent permitted by applicable Law) in writing, exclusively writing by the Company::
Appears in 1 contract
Additional Conditions to the Obligations of the Company. The obligation of the Company to consummate and effect the Merger issuance of the Common Shares under the Transaction Documents 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: Securities Purchase Agreement (Ikanos Communications, Inc.)
Additional Conditions to the Obligations of the Company. The obligation obligations of the 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
Additional Conditions to the Obligations of the Company. The obligation of the Company to consummate and effect the Merger also 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:Company (it being understood that by proceeding with the Closing, the Company will be deemed to have waived any of such conditions that remain unsatisfied):
Appears in 1 contract
Additional Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be subject to the satisfaction (or written waiver exclusively by the Company, if permissible under applicable Law) at or prior to the Merger Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 1 contract
Additional Conditions to the Obligations of the 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:: 76
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Fundtech LTD)
Additional Conditions to the Obligations of the Company. The obligation of the Company to consummate and effect the Merger issuance of the Shares hereunder shall be subject to the satisfaction at or prior to the applicable Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 1 contract
Additional Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be are subject to the satisfaction at or prior (or, to the extent permitted by Law, waiver in writing) before 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 (National Western Life Group, Inc.)
Additional Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger and the Other Transactions 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, in the Company’s sole discretion:
Appears in 1 contract
Samples: Agreement and Plan of Merger (M/a-Com Technology Solutions Holdings, Inc.)
Additional Conditions to the Obligations of the 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, additional conditions (any of which may be waived, in writing, exclusively by the Company:):
Appears in 1 contract
Additional Conditions to the Obligations of the Company. The obligation obligations of the Company to consummate and effect the Merger shall be subject to the satisfaction (or written waiver exclusively by the Company, if permissible under applicable Legal Requirements) 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 (National Investment Managers Inc.)
Additional Conditions to the Obligations of the Company. The obligation of the Company to consummate and effect the Merger shall be subject to the satisfaction at or prior to -66- 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 (Ligand Pharmaceuticals Inc)
Additional Conditions to the Obligations of the 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
