Further Condition. The obligations of Parent and Sub ------------------ to effect the Merger are further subject to the condition that the Company shall have caused the designees of Sub to be elected or appointed to the Company Board in accordance with Section 6.10(a); provided, however, that neither Parent nor -------- ------- Sub shall be entitled to assert this condition if either Parent or Sub has not complied with its obligations under Section 6.10(a).
Appears in 2 contracts
Sources: Merger Agreement (Diatide Inc), Merger Agreement (Schering Berlin Inc)