Conditions of Merger Sample Clauses

Conditions of Merger. Section 5.1 Conditions to Obligation of Each Party to Effect the Merger. The respective obligations of each party to effect the Merger shall be subject to the satisfaction at or prior to the Effective Time of the following conditions: (a)
Conditions of Merger. The respective obligations of each party to effect the Merger shall be subject to the following conditions, provided that the obligation of each party shall not be relieved by the failure of any such conditions if such failure of any such conditions is the proximate result of any breach by such party of any of its material obligations under this Agreement.
Conditions of Merger. The respective obligations of each party to effect the Merger shall be subject to the satisfaction on or prior to the Effective Time of the following conditions:
Conditions of Merger. Nothing in this Restated Indenture contained shall prevent any consolidation or merger of the Company with or into any other corporation or corporations, or any conveyance, transfer or lease, subject to the Lien of this Restated Indenture, of all or substantially all the Trust Estate as an entirety to any corporation lawfully entitled to acquire or lease and operate the same; provided, however, and the Company covenants and agrees, that such consolidation, merger, conveyance, transfer or lease shall be upon terms as fully to preserve and in no respect to impair the lien or security of this Restated Indenture or any of the rights or powers of the Trustee or the Bondholders hereunder; provided further, that every such lease shall be made expressly subject to termination by the Company or by the Trustee at any time upon the happening of an Event of Default hereunder, and also by the purchaser at any sale hereunder of the property so leased, whether such sale be made under the power of sale hereby conferred or pursuant to judicial proceedings; provided further, that, upon and in connection with any such consolidation, merger, conveyance or transfer, the due and punctual payment of the principal of and interest on all the Bonds according to their tenor, and the due and punctual performance and observance of all the covenants and conditions of this Restated Indenture to be performed or observed by the Company, shall be assumed by the successor corporation formed by such consolidation or into which such merger shall have been made or which acquires by conveyance or transfer all or substantially all the Trust Estate as an entirety; and such successor corporation shall execute and deliver to the Trustee, simultaneously with such consolidation, merger, conveyance or transfer, an indenture supplemental hereto containing
Conditions of Merger. The obligations of the parties to this Agreement to consummate the Merger and the transactions contemplated by this Agreement shall be subject to fulfillment or waiver by the parties hereto at or prior to the Effective Time of each of the following conditions:
Conditions of Merger. The respective obligations of each party to effect the Merger shall be subject to the following conditions:
Conditions of Merger. 32 6.1 Conditions to the Obligations of Each Party to Effect the Merger . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 ARTICLE VII TERMINATION, AMENDMENT AND WAIVER . . . . . . . . . . . . . 33 7.1 Termination . . . . . . . . . . . . . . . . . . . . . . . . 33 7.2 Procedure and Effect of Termination . . . . . . . . . . . . 35 7.3 Fees and Expenses . . . . . . . . . . . . . . . . . . . . . 35 7.4 Amendment . . . . . . . . . . . . . . . . . . . . . . . . . 36 7.5 Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Conditions of Merger. The obligation of the Constituent Corporations to effect the transactions contemplated hereby is subject to satisfaction of the following conditions (any or all of which may be waived by either of the Constituent Corporations in its sole discretion to the extent permitted by law):