Effectiveness of the Merger. The Target shall have no rights or obligations hereunder until the consummation of the Acquisition and the merger with Merger Sub and any representations and warranties of the Target hereunder shall not become effective until such time. Upon consummation of the Acquisition, the Target shall succeed to all the rights and obligations of Merger Sub under this Agreement and the other Loan Documents to which they are a party and all representations and warranties of the Target shall become effective as of the date hereof, without any further action by any Person.
Appears in 4 contracts
Samples: Credit Agreement (European Wax Center, Inc.), Credit Agreement (European Wax Center, Inc.), Credit Agreement (European Wax Center, Inc.)
Effectiveness of the Merger. The (a) Target and its Subsidiaries shall have no rights or obligations hereunder until the consummation of the Acquisition and the merger with Merger Sub and any representations and warranties of the Target or any of its Subsidiaries hereunder shall not become effective until such time. Upon consummation of the AcquisitionMerger, the Target shall succeed to all the rights and obligations of Merger Sub under this Agreement and the other Loan Documents to which they are a party and all rights, obligations, representations and warranties of the Target and its Subsidiaries shall become effective as of the date hereof, without any further action by any Person.
Appears in 2 contracts
Samples: Intellectual Property Security Agreement (Prelude Systems, Inc.), Security Agreement (Prelude Systems, Inc.)
Effectiveness of the Merger. The Target shall have no rights or obligations hereunder until the consummation of the Acquisition and the merger with Merger Sub consummation of the Merger, and any representations and warranties of the Target hereunder shall not become effective until such time. Upon consummation of the AcquisitionAcquisition and the Merger, the Target shall succeed to all the rights and obligations of Merger Sub DDIZ Acquisition, Inc. under this Agreement and the other Loan Documents to which they are a party and all representations and warranties of the Target shall become effective as of the date hereof, without any further action by any Person.. 101
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Douglas Dynamics, Inc)
Effectiveness of the Merger. The Target shall have no rights or obligations hereunder until the consummation of the Acquisition and the merger with Merger Sub consummation of the Merger, and any representations and warranties of the Target hereunder shall not become effective until such time. Upon consummation of the AcquisitionAcquisition and the Merger, the Target shall succeed to all the rights and obligations of Merger Sub DDIZ Acquisition, Inc. under this Agreement and the other Loan Documents to which they are a party and all representations and warranties of the Target shall become effective as of the date hereof, without any further action by any Person.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Douglas Dynamics, Inc)
