MERGER CONTROL. The Company will (i) cause the Merger to be consummated as promptly as practical and in no event later than the date which is 180 days after the Initial Borrowing Date, (ii) take all actions available to it to cause designees of the Company to constitute a majority of the Board of Directors of Eljer as promptly as reasonably practical after the Initial Borrowing Date (and in no event later than the Merger Date), (iii) comply with all of its covenants and agreements contained in the Merger Agreement, (iv) exercise all of its rights and powers to cause Eljer to comply with all of Eljer's covenants and conditions contained in the Merger Agreement and (v) not waive or agree to amend any covenant binding upon Eljer and its -103- -45- Subsidiaries that is set forth in the Merger Agreement if such waiver or amendment would result in a breach of any of the covenants contained in this Agreement (other than pursuant to the preceding clause (iv)).
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MERGER CONTROL. The Company will (i) cause the Merger to be consummated as promptly as practical and in no event later than the date which is 180 days after the Initial Borrowing Date, (ii) take all actions available to it to cause designees of the Company to constitute a majority of the Board of Directors of Eljer as promptly as reasonably practical after the Initial Borrowing Date (and in no event later than the Merger Date), (iii) comply with all of its covenants and agreements contained in the Merger Agreement, (iv) exercise all of its rights and powers to cause Eljer to comply with all of Eljer's covenants and conditions contained in the Merger Agreement and (v) not waive or agree to amend any covenant binding upon Eljer and its -103- -45- Subsidiaries that is set forth in the Merger Agreement if such waiver or amendment would result in a breach of any of the covenants contained in this Agreement (other than pursuant to the preceding clause (iv)).its
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