OBLIGATION OF MERGER SUB. Whenever this Agreement requires Merger Sub (or its successors) to take any action prior to the Effective Time, such requirement shall be deemed to include an undertaking on the part of Parent to cause Merger Sub to take such action and a guarantee of the performance thereof.
OBLIGATION OF MERGER SUB. Parent Holdco and Parent shall take all action necessary to cause Merger Sub to perform its obligations under this Agreement and to consummate the Merger and the other transactions contemplated by the Agreement on the terms and conditions set forth in this Agreement. Immediately following the date of this Agreement, Parent shall provide or make available to the Company a copy of Parent’s approval of this Agreement, as the sole stockholder of Merger Sub.
OBLIGATION OF MERGER SUB. Whenever this Agreement requires Merger Sub (or any successors) to take any action prior to the Effective Time, such requirement shall be deemed to include an undertaking on the part of Holly to cause such action to be taken and a guarantee of the performance thereof.
OBLIGATION OF MERGER SUB. 43 AGREEMENT AND PLAN OF MERGER THIS AGREEMENT AND PLAN OF MERGER (this "Agreement") dated as of August 13, 2001, is among Devon Energy Corporation, a Delaware corporation ("Parent"), Devon NewCo Corporation, a Delaware corporation and a direct and wholly owned subsidiary of Parent ("Merger Sub"), and Mitxxxxx Xxergy & Development Corp., a Texas corporation (the "Company").
OBLIGATION OF MERGER SUB. 26 Section 6.3
OBLIGATION OF MERGER SUB. HCC shall take all action necessary to cause Merger Sub to perform its obligations under this Agreement and to consummate the Merger on the terms and conditions set forth in this Agreement.
OBLIGATION OF MERGER SUB. 37 ARTICLE V CONDITIONS...................................................................................... 37 5.1 Conditions to Suburban's Obligations under this Agreement........................................ 37 5.2 Conditions to Merger Sub's and Parent's Obligations under this Agreement......................... 38 ARTICLE VI TERMINATION, WAIVER AND AMENDMENT.............................................................. 40 6.1 Termination...................................................................................... 40
OBLIGATION OF MERGER SUB. Parent shall take all action necessary to cause Merger Sub to perform its obligations under this Agreement and to consummate the Merger on the terms and subject to the conditions set forth in this Agreement. Upon such time as Merger Sub shall become party to this Agreement, Parent and Merger Sub shall be jointly and severally liable with respect to all obligations of Parent including, without limitation, the obligation of Parent to pay the Merger Consideration subject to the terms hereof.
OBLIGATION OF MERGER SUB. Whenever this Agreement requires Merger Sub (or its successors) to take any action prior to the Effective Time, such requirement shall be deemed to include an undertaking on the part of First Avenue to cause Merger Sub to take such action and a guarantee of the performance thereof.
OBLIGATION OF MERGER SUB. 50 Section 8.14 EXTENSION; WAIVER.................................... 50 AGREEMENT AND PLAN OF MERGER THIS AGREEMENT AND PLAN OF MERGER (this "Agreement"), dated as of August 26, 2006, is among WESTERN REFINING, INC., a Delaware corporation ("Parent"), NEW ACQUISITION CORPORATION, a Delaware corporation and a direct and wholly-owned subsidiary of Parent ("Merger Sub"), and GIANT INDUSTRIES, INC., a Delaware corporation (the "Company").
