Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall not have materially breached any of the agreements and covenants required to be performed by Parent or Merger Sub, as applicable, under this Agreement prior to the Closing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Nutri System Inc /De/), Agreement and Plan of Merger (Tivity Health, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall not have materially breached any be in material breach of the agreements covenants and covenants obligations of this Agreement required to be performed and complied with by Parent and Merger Sub at or Merger Sub, as applicable, under this Agreement prior to the Closing.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Ping Identity Holding Corp.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall not have materially breached any of the agreements and covenants required obligations that are to be performed by Parent or and Merger Sub, as applicable, Sub under this Agreement at or prior to the ClosingEffective Time.
Appears in 1 contract
