Obligations of Merger Sub. Newco shall take all action necessary to cause Merger Sub to perform its obligations under this Agreement and to consummate the transactions contemplated hereby upon the terms and subject to the conditions set forth in this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Sumtotal Systems Inc), Agreement and Plan of Merger (Sumtotal Systems Inc), Agreement and Plan of Merger (Vista Equity Partners Fund III LP)
Obligations of Merger Sub. Newco shall take all action necessary to cause Merger Sub and the Surviving Corporation to perform its their respective obligations under this Agreement and to consummate the Merger and other transactions contemplated hereby by this Agreement upon the terms and subject to the conditions set forth in this Agreement. Newco and Merger Sub will be jointly and severally liable for the failure by either of them to perform and discharge any of their respective covenants, agreements and obligations pursuant to and in accordance with this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Barracuda Networks Inc), Agreement and Plan of Merger (Imperva Inc), Merger Agreement (Riverbed Technology, Inc.)
Obligations of Merger Sub. Newco shall take all action necessary to cause Merger Sub and the Surviving Corporation to perform its their respective obligations under this Agreement and to consummate the transactions contemplated hereby upon the terms and subject to the conditions set forth in this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Entrust Inc), Agreement and Plan of Merger (Acxiom Corp)
