Common use of Performance of Obligations of Parent and Merger Sub Clause in Contracts

Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed all obligations required to be performed by them under this Agreement at or prior to the Closing Date, except where any such failure, individually and in the aggregate, would not have a Parent Material Adverse Effect, and SMB shall have received a certificate signed on behalf of Parent and Merger Sub by the Chief Executive Officer of Parent and Merger Sub to such effect.

Appears in 2 contracts

Sources: Merger Agreement (Workstream Inc), Merger Agreement (Workstream Inc)

Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects the respective obligations required to be performed by them under this Agreement at or prior to the Closing DateAgreement, except where any for such failurefailures to perform which, individually and or in the aggregate, would not reasonably be expected to have a Parent Material Adverse Effect, ; and SMB the Company shall have received a certificate signed on behalf of Parent and Merger Sub by the Chief Executive Officer an executive officer of Parent and Merger Sub to such effect.; and

Appears in 2 contracts

Sources: Merger Agreement (Zygo Corp), Merger Agreement (Electro Scientific Industries Inc)

Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed their respective obligations hereunder, other than such de minimis non-compliance that does not prejudice the Company’s substantive rights and benefits under Error! Reference source not found., and each of Parent and Merger Sub shall have performed in all material respects all other obligations required to be performed by them it under this Agreement Agreement, in each case, at or prior to before the Closing Date, except where any such failure, individually and in the aggregate, would not have a Parent Material Adverse Effect, and SMB Company shall have received a certificate signed on behalf of Parent and Merger Sub by the Chief Executive Officer a senior executive officer of Parent and Merger Sub to such effect.

Appears in 1 contract

Sources: Merger Agreement (Renovaro Inc.)

Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed all obligations required to be performed by them under this Agreement at or prior to the Closing Date, Effective Time except where any for such failure, obligations which individually and or in the aggregate, would aggregate do not have constitute a Parent Material Adverse Effect, ; and SMB the Company shall have received a certificate signed on behalf of Parent and Merger Sub by the Chief Executive Officer an authorized officer of Parent and Merger Sub to such effect.

Appears in 1 contract

Sources: Merger Agreement (National Technical Systems Inc /Ca/)

Performance of Obligations of Parent and Merger Sub. The Parent and the Merger Sub shall have performed all obligations required to be performed by them under this Agreement at or prior to the Closing Date, Effective Time except where any for such failure, obligations which individually and or in the aggregate, would aggregate do not have constitute a Parent Material Adverse Effect, ; and SMB the Company shall have received a certificate signed on behalf of the Parent and Merger Sub by an authorized officer of the Chief Executive Officer of Parent and Merger Sub to such effect.

Appears in 1 contract

Sources: Merger Agreement (Mateon Therapeutics Inc)