Merger Documents Sample Clauses
Merger Documents. The Merger Documents contain all the material terms and conditions of the Merger and are in full force and effect and there have been no amendments, variations or waivers to the Merger Documents (in whole or in part) other than amendments thereto or waivers thereunder (excluding any waiver of or as contemplated by Section 9.02(a) of the Merger Agreement) which are not material and adverse to the financing under this Agreement, the Alternative Bridge Facility Agreement or the Bridge Facility Agreement.
Merger Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or supplement any of the Merger Documents if the effect thereof could reasonably be expected to have a Material Adverse Effect (and provided that the Borrower promptly furnishes to the Administrative Agent a copy of such amendment, modification or supplement).
Merger Documents. Acquisition Sub shall have executed and delivered the Certificate of Merger referred to in Section 1.2.
Merger Documents. Agent has received or will receive on the Closing Date, complete copies of all Merger Documents (including all exhibits, schedules and disclosure letters referred to therein or delivered pursuant thereto, if any) and all amendments thereto, waivers relating thereto and other side letters or agreements affecting the terms thereof. Since November 1, 2006 none of such documents and agreements shall have been amended or supplemented, nor shall have any of the provisions thereof have been waived, except pursuant to a written agreement or instrument which has heretofore been delivered to, and approved in writing by, Agent, which approval shall not be unreasonably withheld, conditioned or delayed. Each of the conditions precedent to the consummation of the Merger as set forth in the Merger Documents shall have been satisfied in all material respects to the reasonable satisfaction of the Agent, and not waived, except with the consent of the Agent, which consent shall not be unreasonably withheld, conditioned or delayed and the Certificate of Merger shall have been filed with, and pre-cleared by, the Secretary of State of Delaware.
Merger Documents. Borrower shall not amend, modify, supplement or cancel, or waive any other party's compliance with, any material provision of the Merger Documents.
Merger Documents. Borrower has provided Administrative ---------------- Agent with a true and correct copy of each Merger Document. No rights or obligations of any party to any of the Merger Documents have been waived in any material respect, and no party to any of the Merger Documents is in default of its obligations thereunder. Each of the Merger Documents is a valid, binding and enforceable obligation of the parties thereto in accordance with its terms and is in full force and effect.
Merger Documents. After the consummation of the Demandware Acquisition and the Merger, amend, modify, waive or terminate any provision of the Merger Agreement in a manner materially adverse to the Lenders.
Merger Documents. No Borrower shall, nor shall any Borrower permit any of its Subsidiaries to, amend, modify, supplement or waive any of the terms of (a) the 2004 Merger Agreement and the other related 2004 Merger Documents or (b) the Forest Merger Agreement and the other related Forest Merger Documents, and in the case of (a) or (b), without the prior written consent of the Required Lenders (which consent shall not be unreasonably withheld or delayed) unless, in any case, such amendment, modification, supplement or waiver could not reasonably be expected to be materially adverse to the Administrative Agent, the Issuing Lender or the Lenders.
Merger Documents. Sub shall have executed the First Certificate of Merger, and LLC shall have executed the Second Certificate of Merger.
Merger Documents. The Administrative Agent shall have received all Merger Documents in form and substance satisfactory to it.