CONDITIONS PRECEDENT TO OBLIGATIONS OF METALS AND NEWCO. The obligations of METALS and NEWCO with respect to actions to be taken on the Closing Date are subject to the satisfaction or waiver on or prior to the Closing Date of all of the following conditions. The obligations of METALS and NEWCO with respect to actions to be taken on the Funding and Consummation Date are subject to the satisfaction or waiver on or prior to the Funding and Consummation Date of the conditions set forth in Sections 9.1, 9.4 and 9.13. As of the Closing Date or, with respect to the conditions set forth in Sections 9.1, 9.4 and 9.13, as of the Funding and Consummation Date, if any such conditions have not been satisfied, METALS and NEWCO shall have the right to terminate this Agreement, or waive any such condition, but no such waiver shall be deemed to affect the survival of the representations and warranties contained in Section 5 hereof.
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Samples: Agreement and Plan of Organization (Metals Usa Inc), Agreement and Plan of Organization (Metals Usa Inc), Agreement and Plan of Organization (Metals Usa Inc)
