Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effect, in all respects) the covenants and agreements contained in this Agreement to be performed or complied with by it prior to or on the Closing Date.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Barry R G Corp /Oh/), Agreement and Plan of Merger (Berkshire Hathaway Inc), Agreement and Plan of Merger (LUBRIZOL Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effect, in all respects) the covenants and agreements contained in this Agreement to be performed or complied with by it prior to or on the Closing Date.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Omnova Solutions Inc), Agreement and Plan of Merger (Westlake Chemical Corp), Agreement and Plan of Merger (Axiall Corp/De/)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with complied, in all material respects (or respects, with respect to any covenant or agreement qualified by materiality or material adverse effect, in all respects) the its covenants and agreements contained in this Agreement required to be performed or complied with by it under this Agreement at or prior to or on the Closing Date.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Barnes & Noble Inc), Agreement and Plan of Merger (CommerceHub, Inc.), Agreement and Plan of Merger (Liberty Interactive Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified all covenants required by materiality or material adverse effect, in all respects) the covenants and agreements contained in this Agreement to be performed or complied with by it them prior to or on the Closing Date.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Littelfuse Inc /De), Agreement and Plan of Merger (Ixys Corp /De/), Agreement and Plan of Merger (Analog Devices Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effect, in all respects) the agreements and covenants and agreements contained in this Agreement required to be performed by Parent or complied with by it Merger Sub, as applicable, under this Agreement at or prior to or on the Closing DateClosing.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Hibbett Inc), Agreement and Plan of Merger (Trean Insurance Group, Inc.), Agreement and Plan of Merger (Tivity Health, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effect, in all respects) the agreements and covenants and agreements contained in this Agreement required to be performed or complied with by it under this Agreement at or prior to or on the Closing Date.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (BTP Acquisition Company, LLC), Agreement and Plan of Merger (Image Entertainment Inc), Agreement and Plan of Merger (Image Entertainment Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effectthe agreements, in all respects) the covenants and agreements contained in this Agreement obligations required to be performed by or complied with by it under this Agreement at or prior to or on the Closing DateEffective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (United Rentals North America Inc), Agreement and Plan of Merger (Neff Corp), Agreement and Plan of Merger (Neff Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effectthe obligations, and complied in all respects) material respects with the covenants agreements and agreements contained in this Agreement covenants, required to be performed by or complied with by it under this Agreement at or prior to or on the Closing DateEffective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (V F Corp), Agreement and Plan of Merger (Timberland Co), Agreement and Plan of Merger (1 800 Contacts Inc)
Performance of Obligations of Parent and Merger Sub. Each Parent and Xxxxxx Sub will have performed and complied in all material respects with all covenants, obligations and conditions of this Agreement required to be performed and complied with by Parent and Merger Sub shall have performed at or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effect, in all respects) the covenants and agreements contained in this Agreement to be performed or complied with by it prior to or on the Closing DateClosing.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Rover Group, Inc.), Agreement and Plan of Merger (New Relic, Inc.), Agreement and Plan of Merger (Tessco Technologies Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effectmateriality, in all respects) with the covenants and agreements contained in this Agreement to be performed or complied with by it prior to or on the Closing Date.
Appears in 3 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Alleghany Corp /De), Agreement and Plan of Merger (Precision Castparts Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effect, in all respects) the obligations and covenants and agreements contained in this Agreement required to be performed or complied with by it under this Agreement at or prior to or on the Closing Date.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Exor S.p.A.), Agreement and Plan of Merger (Partnerre LTD), Agreement and Plan of Merger (Exor S.p.A.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with or performed in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effect, in all respects) the covenants and agreements contained in this Agreement they are required to be performed comply with or complied with by it perform at or prior to or on the Closing Date.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Mirati Therapeutics, Inc.), Agreement and Plan of Merger (Mirati Therapeutics, Inc.), Agreement and Plan of Merger (IVERIC Bio, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effectthe obligations, and complied in all respects) material respects with the covenants agreements and agreements contained in this Agreement covenants, required to be performed by, or complied with by by, it under this Agreement at or prior to or on the Closing Date.; and
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Hollysys Automation Technologies, Ltd.), Agreement and Plan of Merger (Centurium Capital Partners 2018, L.P.), Agreement and Plan of Merger (China Biologic Products Holdings, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with with, in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effectrespects, in all respects) the their covenants and agreements contained in this obligations under the Agreement required to be performed or complied with by it them at or prior to or on the Closing DateClosing.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Domtar CORP), Agreement and Plan of Merger (Resolute Forest Products Inc.), Agreement and Plan of Merger (Domtar CORP)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effect, in all respects) the covenants and agreements contained in this Agreement obligations required to be performed or complied with by it under this Agreement at or prior to or on the Closing DateClosing.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Akari Therapeutics PLC), Agreement and Plan of Merger (Peak Bio, Inc.), Agreement and Plan of Merger (Adaptimmune Therapeutics PLC)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effectall of the obligations, and complied in all respects) material respects with the covenants agreements and agreements contained in this Agreement covenants, required to be performed by or complied with by it them under this Agreement at or prior to or on the Closing Date.
Appears in 3 contracts
Samples: Voting Agreement (Iomai Corp), Agreement and Plan of Merger (Energy Conversion Devices Inc), Agreement and Plan of Merger (SGX Pharmaceuticals, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effectthe covenants, in all respects) the covenants agreements and agreements contained in this Agreement obligations required to be performed or complied with by it under this Agreement at or prior to or on the Closing DateClosing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (KBS Strategic Opportunity REIT, Inc.), Agreement and Plan of Merger (Reven Housing REIT, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effectthe obligations, in all respects) the covenants and agreements contained in this Agreement that are to be performed or complied with by it them under this Agreement prior to or on the Closing Date.Effective Time; and
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Easylink Services International Corp), Agreement and Plan of Merger (Open Text Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant obligation or agreement qualified by materiality or material adverse effect, in all respects) the covenants all obligations and agreements agreements, and complied in all material respects (or, with respect to any obligation or agreement qualified by materiality or material adverse effect, in all respects) with all covenants, contained in this Agreement to be performed or complied with by it prior to or on the Closing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Meade Instruments Corp), Agreement and Plan of Merger (Meade Instruments Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified its agreements and covenants required by materiality or material adverse effect, in all respects) the covenants and agreements contained in this Agreement to be performed or complied with by it on or prior to or on the Closing DateEffective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (AeroGrow International, Inc.), Agreement and Plan of Merger (SMG Growing Media, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or and complied with in all material respects (or with respect to any covenant or agreement qualified all covenants required by materiality or material adverse effect, in all respects) the covenants and agreements contained in this Agreement to be performed or complied with by it them prior to or on the Closing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Endologix Inc /De/), Agreement and Plan of Merger (TriVascular Technologies, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with all agreements and covenants required to be performed by it under this Agreement at or prior to the Closing Date that are qualified as to materiality and shall have performed or complied in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effect, in all respects) the agreements and covenants and agreements contained in this Agreement required to be performed or complied with by it under this Agreement at or prior to or on the Closing DateDate that are not so qualified as to materiality, and the Company shall have received a certificate of a duly authorized representative of Parent to such effect.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (HPSC Inc), Agreement and Plan of Merger (Franchise Finance Corp of America)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with complied, in all material respects (or respects, with respect to any covenant or agreement qualified by materiality or material adverse effect, in all respects) the each of its covenants and agreements contained in this Agreement required to be performed or complied with by it under this Agreement at or prior to or on the Closing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Meet Group, Inc.), Agreement and Plan of Merger (Sothebys)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or and complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effect, in all respects) the covenants and agreements contained in this Agreement obligations required to be performed or complied with by it under this Agreement at or prior to or on the Closing Date.Effective Time; and
Appears in 2 contracts
Samples: Agreement and Plan of Merger (American Renal Associates Holdings, Inc.), Agreement and Plan of Merger (American Renal Associates Holdings, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effectthe obligations, in all respects) the covenants and agreements contained in this Agreement required to be performed or complied with by it under the Agreement at or prior to or on the Closing DateEffective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Zoom Video Communications, Inc.), Agreement and Plan of Merger
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effect, in all respects) the of its obligations and covenants and agreements contained in this Agreement required to be performed or complied with by it under this Agreement at or prior to or on the Closing DateClosing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Rosetta Genomics Ltd.), Agreement and Plan of Merger (Rosetta Genomics Ltd.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with or performed in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effect, in all respects) of the covenants and agreements contained in they required to comply with or perform under this Agreement to be performed at or complied with by it prior to or on the Closing DateEffective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Zeltiq Aesthetics Inc), Agreement and Plan of Merger (Zeltiq Aesthetics Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant obligation or agreement qualified by materiality or material adverse effectParent Material Adverse Effect, in all respects) the covenants all obligations and agreements agreements, and complied in all material respects with all covenants, contained in this Agreement to be performed or complied with by it prior to or on the Closing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Alderwoods Group Inc), Agreement and Plan of Merger (Service Corporation International)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effectall covenants, in all respects) the covenants agreements and agreements contained in this Agreement obligations required to be performed or complied with by it them under this Agreement prior to or on the Closing DateClosing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Invitae Corp), Agreement and Plan of Merger (Invitae Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effecteach of the obligations, in all respects) the agreements and covenants and agreements contained in this Agreement to be performed or and complied with by it them at or prior to or on the Closing Datepursuant to the terms of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Timber Pharmaceuticals, Inc.), Agreement and Plan of Merger (Timber Pharmaceuticals, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effect, in all respects) the covenants and agreements contained in this Agreement required to be performed or complied with by it them under this Agreement at or prior to or on the Closing Date.;
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Jazz Technologies, Inc.), Agreement and Plan of Merger and Reorganization (Tower Semiconductor LTD)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effecteach of the obligations, and complied in all respects) material respects with each of the covenants agreements and agreements contained in this Agreement covenants, required to be performed by, or complied with by by, it under this Agreement at or prior to or on the Closing Date.Closing; and
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Walgreens Boots Alliance, Inc.), Agreement and Plan of Merger (Rite Aid Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effecteach of the obligations, and complied in all respects) material respects with each of the covenants agreements and agreements contained in this Agreement covenants, required to be performed by or complied with by it under this Agreement at or prior to or on the Closing Date.; and
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Advanced Disposal Services, Inc.), Agreement and Plan of Merger (Waste Management Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effect, in all respects) the agreements and covenants and agreements contained in this Agreement required to be performed or complied with by it under this Agreement prior to or on the Closing DateClosing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Industrial Logistics Properties Trust), Agreement and Plan of Merger (Monmouth Real Estate Investment Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effect, in all respects) the agreements and covenants and agreements contained in this Agreement required to be performed by Parent or complied with by it Merger Sub, as applicable, under this Agreement at or prior to or on the Closing DateClosing, as applicable.
Appears in 2 contracts
Samples: Merger Agreement (Yatra Online, Inc.), Merger Agreement (Ebix Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effectall obligations, and complied in all respects) material respects with the covenants agreements and agreements contained in this Agreement covenants, required to be performed by or complied with by it them under this Agreement at or prior to or on the Closing DateClosing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Arch Capital Group Ltd.), Agreement and Plan of Merger (Watford Holdings Ltd.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effect, all obligations and complied in all respects) the material respects with all covenants and agreements contained in this Agreement required to be performed or complied with by it under this Agreement at or prior to or on the Closing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (AgroFresh Solutions, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effectall the obligations, in all respects) the agreements and covenants and agreements contained in this Agreement to be performed or and complied with by it them at or prior to or on the Closing Datepursuant to the terms of this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Ra Pharmaceuticals, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified all of the agreements and covenants required by materiality or material adverse effect, in all respects) the covenants and agreements contained in this Agreement to be performed or complied with by it at or prior to or on the Closing DateEffective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Medical Nutrition Usa Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (the obligations, and performed or with respect to any covenant or agreement qualified by materiality or material adverse effect, complied in all respects) material respects with the covenants agreements and agreements contained in this Agreement covenants, required to be performed by or complied with by it under this Agreement at or prior to or on the Closing Date.; and
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Mxxxxx Sub shall have performed or complied with performed in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effect, in all respects) the obligations and covenants and agreements contained in this Agreement required to be performed or complied with by it them under this Agreement at or prior to or on the Closing DateClosing.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Spectrum Pharmaceuticals Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effectthe obligations, and complied in all respects) material respects with the covenants agreements and agreements contained in this Agreement covenants, required to be performed by or complied with by it under this Agreement at or prior to or on the Closing Date.;
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effectall covenants, in all respects) the covenants agreements and agreements contained in this Agreement obligations required to be performed by them under this Agreement at or complied with by it prior to or on the Closing DateClosing.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any each covenant or agreement qualified by materiality or material adverse effect, in all respects) the covenants and agreements contained in this Agreement required to be performed or complied with by it under this Agreement at or prior to or on the Closing DateClosing.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Helmerich & Payne, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effectall of its obligations, and complied in all respects) the covenants material respects with all of its agreements and agreements contained in this Agreement covenants, required to be performed by, or complied with by by, it under this Agreement at or prior to or on the Closing DateClosing.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified the obligations, and complied by materiality or material adverse effect, in all respects) the covenants and agreements contained in this Agreement to be performed or complied with by it under this Agreement at or prior to or on the Closing Date.Closing; and
Appears in 1 contract
Samples: Agreement and Plan of Merger (Gracell Biotechnologies Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with or performed in all material respects (all obligations required to be complied with or with respect to any covenant or agreement qualified performed by materiality or material adverse effect, in all respects) the covenants and agreements contained in it under this Agreement to be performed at or complied with by it prior to or on the Closing DateClosing.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Textainer Group Holdings LTD)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Xxxxxx Sub shall have performed or and complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effect, in all respects) the covenants and agreements contained in of this Agreement required to be performed or and complied with by it Xxxxxx and Merger Sub at or prior to or on the Closing DateClosing.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Quotient Technology Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effectthe obligations, in all respects) the covenants and agreements contained in this Agreement that are to be performed or complied with by it them under this Agreement prior to or on the Closing DateEffective Time.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each Parent and Xxxxxx Sub shall have complied in all material respects with the covenants and obligations of this Agreement required to be performed and complied with by Parent and Merger Sub shall have performed at or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effect, in all respects) the covenants and agreements contained in this Agreement to be performed or complied with by it prior to or on the Closing DateClosing.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each Parent and Xxxxxx Sub will have performed and complied in all material respects with all covenants, obligations and conditions of this Agreement required to be performed and complied with by Parent and Merger Sub shall have performed at or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effect, in all respects) before the covenants and agreements contained in this Agreement to be performed or complied with by it prior to or on the Closing DateClosing.
Appears in 1 contract
Samples: Agreement and Plan of Merger
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effect, in all respects) the each of its obligations and covenants and agreements contained in this Agreement required to be performed or complied with by it under this Agreement at or prior to or on the Closing DateClosing.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Smithfield Foods Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall will have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effect, in all respects) each of the covenants and agreements contained in this Agreement to be performed or complied with by it prior to before or on the Closing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Associated Estates Realty Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with performed, in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effectrespects, all obligations and complied with, in all material respects) the , all agreements and covenants and agreements contained in this Agreement to be performed or complied with by it them under this Agreement at or prior to or on the Closing Date.Effective Time; and
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with complied, in all material respects (or respects, with respect to any covenant or agreement qualified by materiality or material adverse effect, in all respects) the its covenants and agreements contained in this Agreement required to be performed or complied with by it under the Transaction Documents at or prior to or on the Closing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Lions Gate Entertainment Corp /Cn/)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with with, in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effectrespects, in all respects) of the covenants and agreements contained in this Agreement required to be performed or complied with by it under this Agreement at or prior to or on the Closing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Marvel Entertainment, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or and complied with each of the covenants and obligations under this Agreement required to be performed and complied with by the Company on or prior to the Closing in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effect, in all respects) the covenants and agreements contained in this Agreement to be performed or complied with by it prior to or on the Closing Date.. 6.2.3
Appears in 1 contract
Samples: Execution Draft Agreement and Plan of Merger (Dare Bioscience, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified all agreements and covenants required by materiality or material adverse effect, in all respects) the covenants and agreements contained in this Agreement to be performed or complied with by it on or prior to or on the Closing DateEffective Time.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effect, in all respects) the covenants and agreements contained in this Agreement that are to be performed by them under this Agreement at or complied with by it prior to or on the Closing DateEffective Time.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified all covenants required by materiality or material adverse effect, in all respects) the covenants and agreements contained in this Agreement to be performed or complied with by it them at or prior to or on the Closing DateClosing.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effectthe covenants, in all respects) the covenants agreements and agreements contained in this Agreement obligations required to be performed or complied with by it under this Agreement at or prior to or on the Closing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Forest City Realty Trust, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified all agreements and covenants required by materiality or material adverse effect, in all respects) the covenants and agreements contained in this Agreement to be performed or complied with by it them on or prior to or on the Closing DateClosing.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effect, in all respects) the agreements and covenants and agreements contained in this Agreement to be performed or complied with by it prior to or on under the Closing DateAgreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (First Consulting Group Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effectall obligations, and complied in all respects) material respects with the covenants agreements and agreements contained in this Agreement covenants, required to be performed by or complied by with by it hereunder at or prior to or on the Closing DateEffective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Image Entertainment Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with with, in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effectrespects, in all respects) the covenants and agreements contained in this Agreement obligations required to be performed or complied with by it under this Agreement at or prior to or on the Closing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Prudential Financial Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with performed, in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effectrespects, all obligations and complied with, in all material respects) the , all agreements and covenants and agreements contained in this Agreement to be performed or complied with by it them under this Agreement at or prior to or on the Closing Date.Effective Time;
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall each have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effect, all obligations and complied in all respects) the material respects with all covenants and agreements contained in required by this Agreement to be performed or complied with by it prior to or on the Closing DateClosing.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall will have performed or and complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effect, in all respects) the covenants and agreements contained in of this Agreement required to be performed or and complied with by it them at or prior to or on the Closing DateClosing.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effect, in all respects) the agreements and covenants and agreements contained in this Agreement required to be performed or complied with by it under this Agreement at or prior to or on the Closing Date.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall will each have performed or and complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effectits covenants, in all respects) the covenants obligations and agreements contained in conditions of this Agreement required to be performed or and complied with by it Parent and Merger Sub at or prior to or on the Closing DateClosing.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified by materiality or material adverse effect, in all respects) the covenants and agreements contained in this Agreement obligations required to be performed or complied with by it under this Agreement at or prior to or on the Closing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Brookfield Asset Management Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects (or with respect to any covenant or agreement qualified all obligations and covenants required by materiality or material adverse effect, in all respects) the covenants and agreements contained in this Agreement to be performed or complied with by it prior to or on by the Closing Datetime of the Closing.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Cornerstone Therapeutics Inc)
