Conditions to Obligations of Buyer. The obligations of Buyer to perform this Agreement and consummate the Merger and the other transactions contemplated hereby are subject to the satisfaction of the following conditions, unless waived by Buyer pursuant to Section 10.6(a):
Appears in 18 contracts
Samples: Agreement and Plan of Merger (First Bancorp /Nc/), Agreement and Plan of Merger and Reorganization (Grandsouth Bancorporation), Agreement and Plan of Merger and Reorganization (Select Bancorp, Inc.)
Conditions to Obligations of Buyer. The obligations of Buyer to perform carry out the transactions contemplated by this Agreement and consummate are subject, at the Merger and the other transactions contemplated hereby are subject option of Buyer, to the satisfaction of the following conditions, unless waived by Buyer pursuant to Section 10.6(a)::
Appears in 14 contracts
Samples: Stock Purchase Agreement (Astika Holdings Inc.), Share Purchase Agreement (Raj Ventures, Inc.), Share Purchase Agreement (Dragon's Lair Holdings, Inc.)
Conditions to Obligations of Buyer. The obligations obligation of Buyer to perform effect the transactions contemplated by this Agreement and consummate the Merger and the other transactions contemplated hereby are is subject to the satisfaction of the following conditions, unless waived by Buyer pursuant to Section 10.6(a):Buyer:
Appears in 12 contracts
Samples: Stock Acquisition Agreement (Brown & Brown Inc), Stock Purchase Agreement (Brown & Brown Inc), Stock Acquisition Agreement (Brown & Brown Inc)
Conditions to Obligations of Buyer. The obligations of Buyer to perform this Agreement and consummate the Merger and the other transactions contemplated hereby are subject to the satisfaction of the following conditions, unless waived by Buyer pursuant to Section 10.6(a11.6(a):
Appears in 10 contracts
Samples: Agreement and Plan of Merger (Seacoast Banking Corp of Florida), Agreement and Plan of Merger (New Commerce Bancorp), Agreement and Plan of Merger (SCBT Financial Corp)
Conditions to Obligations of Buyer. The obligations of Buyer to perform consummate the transactions contemplated by this Agreement and consummate the Merger and the other transactions contemplated hereby are subject to the satisfaction satisfaction, or waiver, by Buyer, of the following conditions, unless waived by Buyer pursuant to Section 10.6(a)::
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Imperial Resources, Inc.), Purchase and Sale Agreement (United American Petroleum Corp.), Purchase, Sale and Participation Agreement (United American Petroleum Corp.)
Conditions to Obligations of Buyer. The obligations obligation of Buyer to perform consummate the transactions contemplated by this Agreement and consummate the Merger and the other transactions contemplated hereby are shall be subject to the satisfaction satisfaction, or the waiver in writing by Buyer, at or before the Closing, of all the following conditions, unless waived by Buyer pursuant to conditions set out below in this Section 10.6(a):9.
Appears in 4 contracts
Samples: Asset Acquisition Agreement (Loop Media, Inc.), Asset Purchase Agreement (Cobalis Corp), Asset Purchase Agreement (SCC Communications Corp)
Conditions to Obligations of Buyer. The obligations of Buyer to perform this Agreement and consummate the Merger Share Exchange and the other transactions contemplated hereby are subject to the satisfaction of the following conditions, unless waived by Buyer pursuant to Section 10.6(a):
Appears in 3 contracts
Samples: Agreement and Plan of Share Exchange (First Security Group Inc/Tn), Agreement and Plan of Share Exchange (Habersham Bancorp), Agreement and Plan of Share Exchange (First Security Group Inc/Tn)
Conditions to Obligations of Buyer. The obligations of Buyer to perform this Agreement and consummate the Merger and the other transactions contemplated hereby are subject to the satisfaction at or prior to the Effective Time of the following conditions, unless waived by Buyer pursuant to Section 10.6(a):10.6:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Spirit of Texas Bancshares, Inc.), Agreement and Plan of Merger (Spirit of Texas Bancshares, Inc.), Agreement and Plan of Merger (Simmons First National Corp)
Conditions to Obligations of Buyer. The obligations of Buyer to perform this Agreement and consummate the Merger Acquisition and the other transactions contemplated hereby are subject to the satisfaction of the following conditions, unless waived by Buyer pursuant to Section 10.6(a):11.3:
Appears in 3 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (Pediatric Services of America Inc), Asset Purchase Agreement (Pediatric Services of America Inc)
Conditions to Obligations of Buyer. The obligations of Buyer to perform this Agreement and consummate the Merger and the other transactions contemplated hereby are subject to the satisfaction of the following conditions, unless waived by Buyer pursuant to Section 10.6(a9.5(a):
Appears in 3 contracts
Samples: Agreement and Plan of Merger (State Bank Financial Corp), Agreement and Plan of Merger (Georgia-Carolina Bancshares, Inc), Agreement and Plan of Merger (State Bank Financial Corp)
Conditions to Obligations of Buyer. The obligations of Buyer to perform this Agreement and consummate the Merger and the other transactions contemplated hereby are subject to the satisfaction of the following conditions, unless waived by Buyer pursuant to Section 10.6(a10.7(a):
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Comerica Inc /New/), Agreement and Plan of Merger (Sterling Bancshares Inc)
Conditions to Obligations of Buyer. The obligations of Buyer to perform this Agreement and consummate effect the Merger and consummate the other transactions contemplated hereby are also subject to the satisfaction of the following conditions, unless waived by Buyer pursuant to Section 10.6(a):10.5:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Authentidate Holding Corp), Agreement and Plan of Merger (Authentidate Holding Corp)
Conditions to Obligations of Buyer. The obligations of the Buyer to perform this Agreement and consummate the Merger and the other transactions contemplated hereby are subject to the satisfaction of the following conditions, unless waived by the Buyer pursuant to Section 10.6(a):
Appears in 2 contracts
Samples: Agreement and Plan of Merger (American Community Bancshares Inc), Agreement and Plan of Merger (Yadkin Valley Financial Corp)
Conditions to Obligations of Buyer. The obligations of Buyer to perform consummate the transactions contemplated by this Agreement and consummate the Merger and the other transactions contemplated hereby are subject to the satisfaction of the following additional conditions, unless any one or more of which may be waived in writing by Buyer pursuant to Section 10.6(a):Buyer:
Appears in 2 contracts
Samples: Equity and Asset Purchase Agreement (Shift Technologies, Inc.), Asset Purchase Agreement (Shift Technologies, Inc.)
Conditions to Obligations of Buyer. The obligations of Buyer to perform this Agreement and consummate the Merger and the other transactions contemplated hereby are subject to the satisfaction of the following conditions, unless waived by Buyer pursuant to Section 10.6(a11.5(a):
Appears in 1 contract
Samples: Agreement and Plan of Merger (Lev Pharmaceuticals Inc)
Conditions to Obligations of Buyer. The obligations of Buyer to perform consummate the transactions contemplated by this Agreement and consummate the Merger and the other transactions contemplated hereby are shall be subject to the satisfaction of the following conditions, unless waived by except as Buyer pursuant may waive the same in writing. Buyer may not rely on the failure of any condition set forth in this Article VIII to Section 10.6(a):be satisfied if such failure was due to the failure of Buyer to perform any of its obligations under this Agreement.
Appears in 1 contract
Samples: Stock Purchase Agreement
Conditions to Obligations of Buyer. The Notwithstanding any other ---------------------------------- provisions of this Agreement, the obligations of Buyer to perform this Agreement and consummate the Merger and the other transactions contemplated hereby are shall be subject to the satisfaction satisfaction, or the waiver in writing by Buyer, of the following conditions, unless waived by Buyer pursuant to Section 10.6(a)::
Appears in 1 contract
Conditions to Obligations of Buyer. The obligations of Buyer to perform this Agreement and consummate the Merger and the other transactions contemplated hereby are subject to the satisfaction of the following conditions, unless waived by Buyer pursuant to Section 10.6(a10.3(a):
Appears in 1 contract
Samples: Stock Purchase Agreement (First Investors Financial Services Group Inc)
Conditions to Obligations of Buyer. The obligations obligation of Buyer to perform this Agreement and consummate the Merger and the other transactions contemplated hereby are Transactions shall be subject to the satisfaction of the following conditions, unless waived by Buyer pursuant to Section 10.6(a):10.02:
Appears in 1 contract
Samples: Stock Purchase Agreement (Mercantile Bancorp, Inc.)
Conditions to Obligations of Buyer. The Unless otherwise waived, in whole or in part, in writing by Buyer, the obligations of Buyer to perform this Agreement effect the consummation of the transactions contemplated hereunder, and consummate the Merger and in the other transactions contemplated hereby are agreements referred to herein, shall be subject to the satisfaction at the Closing of each of the following conditions, unless waived by Buyer pursuant to conditions in Section 10.6(a):8.2 through and including Section 8.9:
Appears in 1 contract
Conditions to Obligations of Buyer. The obligations of Buyer to perform this Agreement and consummate the Merger and the other transactions contemplated hereby are Transactions shall be subject to the satisfaction of the following conditionsconditions precedent, unless except to the extent waived by Buyer pursuant to Section 10.6(a):in writing:
Appears in 1 contract
Samples: Agreement Regarding Sale (NexHorizon Communications, Inc.)
Conditions to Obligations of Buyer. The obligations of Buyer to perform consummate the transactions contemplated by this Agreement and consummate the Merger and the other transactions contemplated hereby are subject to the satisfaction of the following conditions, unless any one or more of which may be waived in writing by Buyer pursuant to Section 10.6(a):Buyer:
Appears in 1 contract
Conditions to Obligations of Buyer. The In addition to the conditions specified in Section 7.1, the obligations of Buyer to perform this Agreement and consummate the Merger Share Exchange and the other transactions Transactions contemplated hereby by this Agreement are subject to the satisfaction or written waiver (by Buyer) of the following conditions, unless waived by Buyer pursuant to Section 10.6(a)::
Appears in 1 contract
Samples: Stock Purchase Agreement (Renovaro Biosciences Inc.)
Conditions to Obligations of Buyer. The obligations of Buyer to perform consummate the transactions contemplated by this Agreement and consummate the Merger and the other transactions contemplated hereby are further subject to the satisfaction of the following conditions, unless waived by Buyer pursuant to Section 10.6(a)::
Appears in 1 contract
Conditions to Obligations of Buyer. The All obligations of Buyer to perform this Agreement and ---------------------------------- consummate the Merger and the other transactions contemplated hereby under this Agreement are subject to the satisfaction satisfaction, at or prior to the Closing, of the following conditions, unless any one or more of which may be waived by Buyer pursuant (to Section 10.6(athe extent permitted by applicable law):
Appears in 1 contract
Conditions to Obligations of Buyer. The In addition to the conditions specified in ARTICLE VIII, the obligations of Buyer to perform consummate the transactions contemplated by this Agreement and consummate the Merger and the other transactions contemplated hereby are subject to the satisfaction or written waiver (by Buyer) of the following conditions, unless waived by Buyer pursuant to Section 10.6(a)::
Appears in 1 contract
Conditions to Obligations of Buyer. The obligations of Buyer to perform this Agreement and consummate the Merger Stock Purchase and the other transactions contemplated hereby are subject to the satisfaction of the following conditions, unless waived by Buyer pursuant to Section 10.6(a9.8(a):
Appears in 1 contract
Samples: Stock Purchase Agreement (Intertape Polymer Group Inc)
Conditions to Obligations of Buyer. The obligations of Buyer to perform this Agreement and consummate the Merger and the other transactions contemplated hereby are subject to the satisfaction of the following conditions, unless waived by Buyer pursuant to Section 10.6(a12.6(a):
Appears in 1 contract
Samples: Agreement and Plan of Merger (Vicon Industries Inc /Ny/)
Conditions to Obligations of Buyer. The obligations of Buyer to perform this Agreement and consummate the Merger and the other transactions contemplated hereby are subject to the satisfaction of the following conditions, unless waived by Buyer pursuant to Section 10.6(a):): (a)
Appears in 1 contract
Samples: V8 Agreement and Plan of Merger (First Bancorp /Nc/)
Conditions to Obligations of Buyer. The obligations of Buyer to perform this Agreement and consummate the Merger and the other transactions contemplated hereby are subject to the satisfaction of the following conditions, unless waived by Buyer pursuant to Section 10.6(a)::
Appears in 1 contract
Conditions to Obligations of Buyer. The obligations of Buyer to perform this Agreement and consummate the Merger and the other transactions contemplated hereby are subject to the satisfaction of the following conditions, unless waived by Buyer pursuant to Section 10.6(a):11.6(a): (a)
Appears in 1 contract
Samples: Agreement and Plan of Merger (Graham Field Health Products Inc)
Conditions to Obligations of Buyer. The obligations of Buyer to perform consummate the transactions contemplated by this Agreement and consummate the Merger and the other transactions contemplated hereby are subject to the satisfaction (or, if permitted by Law, waiver by Buyer) of the following further conditions, unless waived by Buyer pursuant to Section 10.6(a)::
Appears in 1 contract
Samples: Membership Unit Purchase Agreement (DecisionPoint Systems, Inc.)
Conditions to Obligations of Buyer. The obligations of Buyer to perform this Agreement and consummate the Merger and the other transactions contemplated hereby are subject to the satisfaction of the following conditions, unless waived by Buyer pursuant to the provisions of this Section 10.6(a):6.2 and Section 8.3.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Monarch Financial Holdings, Inc.)
