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

Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed all of its obligations required to be performed by it under this Agreement at or prior to the Closing Date (without giving effect to any materiality or Material Adverse Effect qualifications contained therein), except where the failure to perform such obligations, individually or in the aggregate, would not prevent or materially delay consummation of the Merger.

Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all of its material respects all obligations required to be performed by it them under this Agreement at or prior to the Closing Date (without giving effect to any materiality or Material Adverse Effect qualifications contained therein)Effective Time; provided, except where the failure to perform such obligationshowever, individually or in the aggregate, would not prevent or materially delay consummation of the Mergerthat Section 6.10(a) obligations are excluded for this purpose.

Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed (i) in all of its material respects all obligations (other than pursuant to Section 5.1(b)) required to be performed by it under this Agreement at or prior to the Closing Date and (without giving effect ii) in all respects all of its obligations required to any materiality be performed by it under Section 5.1(b) at or Material Adverse Effect qualifications contained therein)prior to the Closing Date, except where the failure to perform such obligations, individually or in the aggregate, would not prevent or materially delay consummation of the Merger.