Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will have performed and complied in all material respects with all covenants and obligations of this Agreement required to be performed and complied with by Parent and Merger Sub at or prior to the Closing.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Verde Bio Holdings, Inc.), Agreement and Plan of Merger (Natus Medical Inc), Agreement and Plan of Merger (Activision Blizzard, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and complied in all material respects with all covenants the covenants, obligations and obligations conditions of this Agreement required to be performed and complied with by Parent and Merger Sub at or prior to the Closing.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Kaleyra, Inc.), Agreement and Plan of Merger (Diversey Holdings, Ltd.), Agreement and Plan of Merger (Zymergen Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will each shall have performed and performed, or complied with, in all material respects with respects, all agreements and covenants and obligations of this Agreement required to be performed and or complied with by Parent and Merger Sub them under this Agreement at or prior to the ClosingEffective Time.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (GRIID Infrastructure Inc.), Agreement and Plan of Merger (GRIID Infrastructure Inc.), Agreement and Plan of Merger (Cleanspark, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub will shall have performed in all material respects the obligations, and complied in all material respects with all covenants the agreements and obligations of this Agreement covenants, required to be performed and by or complied with by Parent and Merger Sub it under this Agreement at or prior to the Closing.Effective Time; and
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Karuna Therapeutics, Inc.), Agreement and Plan of Merger (Zhangmen Education Inc.), Agreement and Plan of Merger (Texas New Mexico Power Co)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and complied in all material respects with all their covenants and obligations of under this Agreement required to be performed and complied with by Parent and Merger Sub them at or prior to the Closing.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Meredith Corp), Agreement and Plan of Merger (IAC/InterActiveCorp), Agreement and Plan of Merger (Covanta Holding Corp)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and or complied in all material respects with all covenants and their respective obligations of this Agreement required to be performed and or complied with by Parent and Merger Sub them under this Agreement at or prior to the ClosingEffective Time.
Appears in 6 contracts
Samples: Business Combination Agreement (NeoGames S.A.), Agreement and Plan of Merger (New Fortress Energy Inc.), Agreement and Plan of Merger (New Fortress Energy Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub will shall have performed in all material respects (or with respect to any obligation or agreement qualified by materiality or material adverse effect, in all respects) all obligations and agreements, and complied in all material respects with all covenants and obligations of covenants, contained in this Agreement required to be performed and or complied with by Parent and Merger Sub at or it prior to or on the ClosingClosing Date.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Morgans Foods Inc), Agreement and Plan of Merger (Goodman Networks Inc), Agreement and Plan of Merger (Multiband Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub will shall have performed and or complied in all material respects with all the covenants and obligations of agreements contained in this Agreement required to be performed and or complied with by Parent and Merger Sub at or it prior to or on the ClosingClosing Date.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Aaron's Company, Inc.), Agreement and Plan of Merger (Omnova Solutions Inc), Agreement and Plan of Merger (Westlake Chemical Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub will shall have performed and 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 obligations of agreements contained in this Agreement required to be performed and or complied with by Parent and Merger Sub at or it prior to or on the ClosingClosing 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 will have performed and complied in all material respects with all the covenants and obligations of this Agreement required to be performed and complied with by Parent and Merger Sub it under this Agreement at or prior to the ClosingEffective Time.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Biohaven Research Ltd.), Agreement and Plan of Merger (Global Blood Therapeutics, Inc.), Agreement and Plan of Merger (Biohaven Research Ltd.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and or complied in all material respects with all covenants and obligations of this required by the Agreement required to be performed and or complied with by Parent and Merger Sub at or them prior to the ClosingClosing 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 (Linear Technology Corp /Ca/)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub will shall have performed and or complied in all material respects with all agreements and covenants and obligations of this Agreement required to be performed and complied with by Parent and or Merger Sub Sub, as applicable, under this Agreement at or prior to the Closing.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Keypath Education International, Inc.), Agreement and Plan of Merger (Hibbett Inc), Agreement and Plan of Merger (Trean Insurance Group, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub will shall have performed and or complied in all material respects (or with respect to any covenant or agreement qualified by materiality, in all respects) with the covenants and obligations of agreements contained in this Agreement required to be performed and or complied with by Parent and Merger Sub at or it prior to or on the ClosingClosing Date.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (ICC Holdings, Inc.), Agreement and Plan of Merger (ICC Holdings, Inc.), Agreement and Plan of Merger
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will have performed and complied in all material respects with all covenants the covenants, obligations and obligations conditions of this Agreement required to be performed and complied with by Parent and Merger Sub at or prior to the Closing.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (PRGX Global, Inc.), Agreement and Plan of Merger (Vitamin Shoppe, Inc.), Agreement and Plan of Merger (Liberty Tax, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and or complied in all material respects with all covenants agreements and obligations of this Agreement required to be performed and or complied with by Parent and Merger Sub them under this Agreement at or prior to the ClosingEffective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Ma Baoli), Agreement and Plan of Merger (BlueCity Holdings LTD), Agreement and Plan of Merger (Ruhnn Holding LTD)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Xxxxxx Sub will have performed and complied in all material respects with all covenants covenants, obligations and obligations conditions of this Agreement required to be performed and complied with by Parent and Merger Sub at or prior to the Closing.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Thoughtworks Holding, Inc.), Agreement and Plan of Merger (Rover Group, Inc.), Agreement and Plan of Merger (New Relic, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and complied in all material respects with all covenants the covenants, agreements and obligations of this Agreement required to be performed and complied with by Parent and Merger Sub at or prior to the ClosingEffective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Enova International, Inc.), Agreement and Plan of Merger (Enova International, Inc.), Agreement and Plan of Merger (Enova International, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and complied in all material respects with all its covenants and obligations of under this Agreement required to be performed and complied with by Parent and Merger Sub them at or prior to the Closing.
Appears in 4 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Sinclair Broadcast Group Inc), Agreement and Plan of Merger (Tribune Media Co)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub will shall have performed and or complied in all material respects with all the agreements, covenants and obligations of this Agreement required to be performed and by or complied with by Parent and Merger Sub it under this Agreement at or prior to the ClosingEffective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Neff Corp), Agreement and Plan of Merger (United Rentals North America Inc), Agreement and Plan of Merger (Neff Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub will shall have performed in all material respects the obligations, and complied in all material respects with all covenants the agreements and obligations of this Agreement covenants, required to be performed and by or complied with by Parent and Merger Sub it under this Agreement at or prior to the ClosingEffective 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 (Ecollege Com)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will have performed and complied in all material respects with all covenants and obligations of in this Agreement required to be performed and complied with by Parent and Merger Sub at or prior to the Closing.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Medallia, Inc.), Agreement and Plan of Merger (Forescout Technologies, Inc), Agreement and Plan of Merger (Forescout Technologies, Inc)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall each have performed in all material respects all obligations and complied in all material respects with all covenants and obligations of required by this Agreement required to be performed and or complied with by Parent and Merger Sub at or prior to the Closingit.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (K Tron International Inc), Agreement and Plan of Merger (K Tron International Inc), Agreement and Plan of Merger (Hillenbrand, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Xxxxxx Sub will shall have performed and complied in all material respects with all the covenants and obligations of this Agreement required to be performed and complied with by Parent and Merger Sub at or prior to the Closing.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Instructure Holdings, Inc.), Agreement and Plan of Merger (Perficient Inc), Agreement and Plan of Merger (Cvent Holding Corp.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and or complied with, in all material respects with all respects, their covenants and obligations of this under the Agreement required to be performed and or complied with by Parent and Merger Sub them at or prior to the Closing.
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. Parent and Merger Sub will shall have performed in all material respects all of the obligations, and complied in all material respects with all covenants the agreements and obligations of this Agreement covenants, required to be performed and by or complied with by Parent and Merger Sub them under this Agreement at or prior to the ClosingClosing Date.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (SGX Pharmaceuticals, Inc.), Voting Agreement (Iomai Corp), Agreement and Plan of Merger (Energy Conversion Devices Inc)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have complied with or performed and complied in all material respects with all the covenants and obligations of this Agreement agreements they are required to be performed and complied comply with by Parent and Merger Sub or perform at or prior to the ClosingClosing 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. Parent and Merger Sub will shall have performed and or complied in all material respects with all obligations, agreements and covenants and obligations of required by this Agreement required to be performed and or complied with by Parent and Merger Sub each of them at or prior to the ClosingEffective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Select Income Reit), Agreement and Plan of Merger (Cole Corporate Income Trust, Inc.), Agreement and Plan of Merger (Select Income REIT)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub will shall have performed in all material respects the obligations, and complied in all material respects with all covenants the agreements and obligations of this Agreement covenants, required to be performed and by, or complied with by Parent and Merger Sub by, it under this Agreement at or prior to the Closing.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. Parent and Merger Sub will shall have performed in all material respects all obligations, and complied in all material respects with all covenants the agreements and obligations of this Agreement covenants, required to be performed and by or complied with by Parent and Merger Sub at or prior to the Closingit hereunder.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Community Health Systems Inc), Agreement and Plan of Merger (Triad Hospitals Inc), Agreement and Plan of Merger (Triad Hospitals Inc)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and complied in all material respects with all covenants covenants, agreements and obligations of this Agreement required to be performed and complied with by Parent and Merger Sub at or them under this Agreement prior to the Closing.
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 will have performed and complied in all material respects with all the covenants and obligations of this Agreement required to be performed and complied with by Parent and Merger Sub it under this Agreement at or prior to the Closing.Effective Time. 60
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Asensus Surgical, Inc.), Agreement and Plan of Merger (Asensus Surgical, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and complied in all material respects with all their covenants and obligations of this under the Agreement required to be performed and complied with by Parent and Merger Sub them at or prior to the Closing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Wmih Corp.), Agreement and Plan of Merger (Nationstar Mortgage Holdings Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub will shall have performed and or complied in all material respects with all the obligations, covenants and obligations of this Agreement agreements required to be performed and or complied with by Parent and Merger Sub it under the Agreement at or prior to the ClosingEffective 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 will shall have performed and complied with in all material respects with all covenants and obligations of this Agreement required to be performed and or complied with by Parent and Merger Sub under this Agreement at or prior to the Closing.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 will shall have performed in all material respects each of the obligations, and complied in all material respects with all covenants each of the agreements and obligations of this Agreement covenants, required to be performed and by, or complied with by Parent and Merger Sub by, it under this Agreement at or prior to the 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. Parent and Merger Sub will shall have performed and complied in all material respects performed all obligations and complied with all covenants and obligations of required by this Agreement required to be performed and or complied with by Parent and Merger Sub at or them prior to the ClosingEffective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Eldorado Resorts, Inc.), Agreement and Plan of Merger (CAESARS ENTERTAINMENT Corp)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and or complied with in all material respects with all covenants and obligations of this Agreement agreements required to be performed and or complied with by Parent and Merger Sub them under this Agreement at or prior to the Closing.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 will shall have performed and or complied in all material respects with all agreements and covenants and obligations of this Agreement required to be performed and complied with by Parent and or Merger Sub Sub, as applicable, under this Agreement at or prior to the Closing, 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 will shall have performed and complied in all material respects with all the covenants and obligations of this Agreement required to be performed and complied with by Parent and Merger Sub it under this Agreement at or prior to the ClosingEffective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Pfizer Inc), Agreement and Plan of Merger (Seagen Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and or complied in all material respects with all covenants and each of their obligations of this Agreement required to be performed and or complied with by Parent and Merger Sub at them under this Agreement on or prior to the ClosingEffective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Hill International, Inc.), Agreement and Plan of Merger (Hill International, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and complied in all material respects with all covenants and obligations of this required by the Agreement required to be performed and or complied with by Parent and Merger Sub at or them prior to the ClosingClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (TriVascular Technologies, Inc.), Agreement and Plan of Merger (Endologix Inc /De/)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub will shall have performed and or complied in all material respects with all its agreements and covenants and obligations of required by this Agreement required to be performed and or complied with by Parent and Merger Sub at it on or prior to the ClosingEffective 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 will shall have performed and or complied with in all material respects with all the obligations, covenants and obligations of this Agreement required agreements that are to be performed and or complied with by Parent and Merger Sub at or them under this Agreement prior to the Closing.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. Parent and Merger Sub will shall have performed and or complied in all material respects with all each of the obligations, agreements and covenants and obligations of contained in this Agreement required to be performed and complied with by Parent and Merger Sub them at or prior to the ClosingClosing pursuant 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. Parent and Merger Sub will have performed and complied in all material respects with all covenants and obligations of in this Agreement required to be performed and complied with by Parent and Merger Sub at or prior to the Closing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Vepf Vii SPV I, L.P.), Agreement and Plan of Merger (KnowBe4, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed in all material respects all obligations, and complied in all material respects with all covenants the agreements and obligations of this Agreement covenants, required to be performed and by or complied with by Parent and Merger Sub them under this Agreement at or prior to the Closing.
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 will shall have performed and or complied in all material respects with all agreements and covenants and obligations of this Agreement required to be performed and complied with by Parent and Merger Sub at or it under this Agreement prior to the Closing.
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. Parent and Merger Sub will shall have performed and complied in all material respects with all of the covenants and obligations of this Agreement required to be performed and complied with by Parent and Merger Sub at or prior to the Closing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Haynes International Inc), Agreement and Plan of Merger (Haynes International Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub will shall have performed and or complied in all material respects with all of its obligations and covenants and obligations of this Agreement required to be performed and or complied with by Parent and Merger Sub it under this Agreement at or prior to the Closing.
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. Parent and Merger Sub will shall have complied with or performed and complied in all material respects with all of the covenants and obligations of agreements they required to comply with or perform under this Agreement required to be performed and complied with by Parent and Merger Sub at or prior to the ClosingEffective 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 will shall have performed in all material respects each of the obligations, and complied in all material respects with all covenants each of the agreements and obligations of this Agreement covenants, required to be performed and by or complied with by Parent and Merger Sub it under this Agreement at or prior to the Closing.Closing Date; and
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Waste Management Inc), Agreement and Plan of Merger (Advanced Disposal Services, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and complied in all material respects with all the covenants and obligations of agreements in this Agreement required to be performed and complied with by Parent and Merger Sub at or prior to the Closing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Infinera Corp), Agreement and Plan of Merger (Nokia Corp)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and complied in all material respects (i) performed all obligations and (ii) complied with all covenants and obligations of required by this Agreement required to be performed and or complied with by Parent and Merger Sub at or them prior to the Closing.Effective Time;
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ii-Vi Inc), Agreement and Plan of Merger (Coherent Inc)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and complied in all material respects with all each of the covenants and obligations of under this Agreement required to be performed and complied with by Parent and Merger Sub at the Company on or prior to the Closing.Closing in all material respects. 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 will shall have performed and or complied in all material respects with all covenants and obligations of this Agreement required agreements that are to be performed and complied with by Parent and Merger Sub them under this Agreement at or prior to the ClosingEffective Time.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Parent and Merger Xxxxxx Sub will shall have performed and complied in all material respects with all the covenants and obligations of this Agreement required to be performed and complied with by Parent Xxxxxx and Merger Sub at or prior to the Closing.
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 will shall have performed and or complied in all material respects with all agreements and covenants and obligations of this Agreement required to be performed and or complied with by Parent and Merger Sub at or prior to it under the ClosingAgreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (First Consulting Group Inc)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and complied in all material respects with all covenants covenants, agreements and obligations of this Agreement required to be performed and complied with by Parent and Merger Sub them under this Agreement at or prior to the Closing.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Parent and Merger Xxxxxx Sub will have performed and complied in all material respects with all covenants covenants, obligations and obligations conditions of this Agreement required to be performed and complied with by Parent and Merger Sub at or prior to before the Closing.
Appears in 1 contract
Samples: Agreement and Plan of Merger
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have complied with and performed and complied in all material respects with all covenants covenants, agreements and obligations of this Agreement required to be performed and complied with by Parent and Merger Sub them under this Agreement at or prior to the ClosingEffective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Assured Guaranty LTD)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub will shall have performed and complied or complied, in all material respects respects, with all its covenants and obligations of this Agreement agreements required to be performed and or complied with by Parent and Merger Sub it under the Transaction Documents at or prior to the ClosingClosing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Lions Gate Entertainment Corp /Cn/)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will have performed and complied in all material respects with all covenants covenants, obligations and obligations of conditions in this Agreement required to be performed and complied with by Parent and Merger Sub at or prior to the Closing.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub will shall have performed and or complied with in all material respects with all covenants and obligations of this Agreement each covenant or agreement required to be performed and or complied with by Parent and Merger Sub it under this Agreement at or prior to the Closing.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Helmerich & Payne, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have complied with or performed and complied in all material respects with all covenants and their obligations of this Agreement required to be performed and complied with or performed by Parent and Merger Sub at or them under this Agreement prior to the Closing.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Owens & Minor Inc/Va/)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub will shall have performed or complied in all material respects the obligations, and performed or complied in all material respects with all covenants the agreements and obligations of this Agreement covenants, required to be performed and by or complied with by Parent and Merger Sub it under this Agreement at or prior to the Closing.Closing Date; and
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and or complied in all material respects with all covenants and obligations of this Agreement required to be performed and or complied with by Parent and Merger Sub them under this Agreement at or prior to the Closing.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Checkpoint Systems Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub will shall have performed and or complied with in all material respects with all covenants and obligations of this Agreement required to be performed and complied with by Parent and Merger Sub it under this Agreement at or prior to the ClosingClosing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Brookfield Asset Management Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have complied with or performed and complied in all material respects with all covenants and their obligations of this Agreement required to be performed and complied with or performed by Parent and Merger Sub at or them prior to the ClosingClosing under this Agreement.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and complied in all material respects with all covenants and obligations of in this Agreement required to be performed and complied with by Parent and Merger Sub at or prior to the Closing.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and or complied in all material respects with all the obligations and covenants and obligations of this Agreement required to be have been performed and or complied with by Parent and Merger Sub it under this Agreement at or prior to the Closing.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and or complied in all material respects with all obligations and covenants and obligations of required by this Agreement required to be performed and or complied with by Parent and Merger Sub at or prior to it by the time of the Closing.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Cornerstone Therapeutics Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub will shall have performed in all material respects all obligations, and complied in all material respects with all covenants the agreements and obligations of this Agreement covenants, required to be performed and by or complied by with by Parent and Merger Sub it hereunder at or prior to the ClosingEffective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Image Entertainment Inc)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and complied performed, in all material respects with respects, all obligations and complied with, in all material respects, all agreements and covenants and obligations of this Agreement required to be performed and or complied with by Parent and Merger Sub them under this Agreement at or prior to the Closing.Effective Time;
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub will have performed and complied with, in all material respects with all respects, the agreements, obligations and covenants and obligations of this Agreement required to be performed and complied with by Parent and Merger Sub it under this Agreement at or prior to the ClosingEffective Time.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will have performed and complied in all material respects with all the covenants and obligations of this Agreement required to be performed and complied with by Parent and Merger Sub them at or prior to the Closing.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and or complied in all material respects with all of its agreements, obligations and covenants and obligations of under this Agreement required to be performed and complied with by Parent and Merger Sub at or prior to the ClosingAgreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Hi Shear Technology Corp)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and or complied in all material respects with all covenants and its obligations of this Agreement required to be performed and or complied with by Parent and Merger Sub it under this Agreement at or prior to the Merger Closing.
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Performance of Obligations of Parent and Merger Sub. Parent and Merger Xxxxxx Sub will have performed and complied in all material respects with all the covenants and obligations of this Agreement required to be performed and complied with by Parent Xxxxxx and Merger Sub at or prior to the Closing.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Powerschool Holdings, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and complied in all material respects with all obligations, agreements or covenants and obligations of this Agreement required to be performed and complied with by Parent and Merger Sub at or prior to the Closingthem under this Agreement.
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Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will each have performed and complied in all material respects with all covenants its covenants, obligations and obligations conditions of this Agreement required to be performed and complied with by Parent and Merger Sub at or prior to the Closing.
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Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed or complied (i) in all respects with all obligations required to be performed or complied with by them under Section 6.12 at or prior to the Closing and complied (ii) in all material respects with all covenants and other obligations of this Agreement required to be performed and or complied with by Parent and Merger Sub them under this Agreement at or prior to the ClosingEffective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Central European Media Enterprises LTD)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and or complied in all material respects with all the obligations, agreements and covenants and obligations of contained in this Agreement required to be performed and complied with by Parent and Merger Sub them at or prior to the ClosingClosing pursuant 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. Parent and Merger Xxxxxx Sub will shall have performed and complied in all material respects with all covenants and obligations of this Agreement required to be performed and complied with by Parent and Merger Sub at or prior to the Closing.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub will have performed and or complied in all material respects with all each of the covenants and obligations of agreements contained in this Agreement required to be performed and or complied with by Parent and Merger Sub at it before or prior to on the ClosingClosing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Associated Estates Realty Corp)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Mxxxxx Sub will shall have complied with performed and complied in all material respects with all obligations and covenants and obligations of this Agreement required to be performed and or complied with by Parent and Merger Sub them under this Agreement at or prior to the Closing.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Spectrum Pharmaceuticals Inc)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and or complied in all material respects with all covenants and obligations of this required by the Agreement required to be performed and or complied with by Parent and Merger Sub them at or prior to the Closing.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub will shall have performed in all material respects all obligations, and complied in all material respects with all covenants the agreements and obligations of this Agreement covenants, required to be performed and complied with by Parent and Merger Sub it under this Agreement at or prior to the ClosingEffective Time.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub will shall have performed and or complied in all material respects with all agreements and covenants and obligations of required by this Agreement required to be performed and or complied with by Parent and Merger Sub at it on or prior to the ClosingEffective Time.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub will shall have performed and or complied in all material respects with all of the agreements and covenants and obligations of required by this Agreement required to be performed and or complied with by Parent and Merger Sub it at or prior to the ClosingEffective 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 will shall have performed and or complied with in all material respects with all the obligations, covenants and obligations of this Agreement required agreements that are to be performed and or complied with by Parent and Merger Sub at or them under this Agreement prior to the ClosingEffective Time.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and complied performed, in all material respects with respects, all obligations and complied with, in all material respects, all agreements and covenants and obligations of this Agreement required to be performed and or complied with by Parent and Merger Sub them under this Agreement at or prior to the Closing.Effective Time; and
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and complied in all material respects with all the covenants and obligations of this Agreement required to be performed and complied with by Parent and Merger Sub at or prior to the Closing.
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 will shall have performed in all material respects all of its obligations, and complied in all material respects with all covenants of its agreements and obligations of this Agreement covenants, required to be performed and by, or complied with by Parent and Merger Sub by, it under this Agreement at or prior to the Closing.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and or complied in all material respects with all agreements and covenants and obligations of this Agreement required to be performed and complied with by Parent and Merger Sub it under this Agreement at or prior to the ClosingClosing Date.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will have performed and complied in all material respects with all covenants and obligations of this Agreement required to be performed and complied with by Parent and Merger Sub at or prior to the Closing.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed in all material respects all material obligations, and complied in all material respects with all covenants the agreements and obligations of this Agreement covenants, required to be performed and by or complied with by Parent and Merger Sub it at or prior to the ClosingEffective Time hereunder.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Genesis Healthcare Corp)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed in all material respects each of its obligations under this Agreement required to be performed at or prior to the Effective time and shall have complied in all material respects with all covenants each covenant and obligations agreement of this Agreement required to be performed and complied with by Parent and Merger Sub at to be performed or prior to the Closingcomplied with by them under this Agreement.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and complied in all material respects with all covenants covenants, agreements and obligations of this Agreement required to be performed and complied with by Parent and Merger Sub at or them under this Agreement prior to the Closing.
Appears in 1 contract
Samples: Confidential Treatment Requested (Dare Bioscience, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub will shall have performed in all material respects all obligations and complied in all material respects with all covenants and obligations of this Agreement required to be performed and or complied with by Parent and Merger Sub it under this Agreement at or prior to the ClosingClosing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (AgroFresh Solutions, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub will shall have performed and or complied in all material respects with all agreements and covenants and obligations of required by this Agreement required to be performed and or complied with by Parent and Merger Sub at them on or prior to the Closing.
Appears in 1 contract
