Common use of Parent Merger Clause in Contracts

Parent Merger. On the Closing Date, the Parent Merger Certificate shall be in full force and effect and none of the terms thereof (including any conditions to the consummation of the Parent Merger contained therein) shall have been modified or waived in any material respect without the consent of Agent, Arrangers and Requisite Lenders. On the Closing Date, Company shall have provided evidence in form and substance satisfactory to Agent and Arrangers that the Parent Merger has been consummated and has become effective in all respects in accordance with the Parent Merger Certificate. On the Closing Date, Company shall have provided evidence in form and substance satisfactory to Agent and Arrangers that after giving effect to the Parent Merger, Holdings owns 100% of the outstanding capital stock of Company. On the Closing Date, Company shall have cancelled the Parent Intercompany Note.

Appears in 2 contracts

Sources: Credit Agreement (Dominicks Supermarkets Inc), Credit Agreement (Dominicks Supermarkets Inc)