Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 92 contracts
Samples: Agreement and Plan of Merger (Unitedhealth Group Inc), Agreement and Plan of Merger (Igate Corp), Agreement and Plan of Merger (Filenet Corp)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 64 contracts
Samples: Agreement and Plan of Merger (Internet Brands, Inc.), Agreement and Plan of Merger (Coast Hotels & Casinos Inc), Agreement and Plan of Merger (Goldman Sachs Group Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and Chief Executive Officer or the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 24 contracts
Samples: Agreement and Plan of Merger (Hewitt Associates Inc), Agreement and Plan of Merger (Concord Communications Inc), Agreement and Plan of Merger (Solutia Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at on or prior to the Closing Date, ; and Parent the Buyer shall have received a certificate signed on behalf of the Company by the chief executive officer and or the chief financial officer of the Company to such effect.
Appears in 23 contracts
Samples: Agreement and Plan of Merger (Rsa Security Inc/De/), Agreement and Plan of Merger (Saucony Inc), Agreement and Plan of Merger (Keane, Inc.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all the obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer Chief Executive Officer and the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 21 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Envestnet, Inc.), Agreement and Plan of Merger (FCB Financial Holdings, Inc.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer Chief Executive Officer of the Company to such effect.
Appears in 19 contracts
Samples: Agreement and Plan of Merger (Lifeline Systems, Inc.), Agreement and Plan of Merger (Moore Wallace Inc), Agreement and Plan of Merger (Anheuser-Busch Companies, Inc.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief a senior executive officer and the chief financial officer of the Company to such effect.
Appears in 18 contracts
Samples: Agreement and Plan of Merger (Del Monte Foods Co), Agreement and Plan of Merger (Primedia Inc), Agreement and Plan of Merger (Dynegy Inc.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer its Chief Executive Officer and the chief financial officer of the Company Chief Financial Officer to such effect.
Appears in 16 contracts
Samples: Agreement and Plan of Merger (Surewest Communications), Agreement and Plan of Merger (Fairpoint Communications Inc), Agreement and Plan of Merger
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing DateClosing, and Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 14 contracts
Samples: Agreement and Plan of Merger (Dobson Communications Corp), Agreement and Plan of Merger (Talen Energy Supply, LLC), Agreement and Plan of Merger (At&t Inc.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all material obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 14 contracts
Samples: Agreement and Plan of Merger (Gartner Inc), Agreement and Plan of Merger (Cincinnati Bell Inc), Agreement and Plan of Merger (Cincinnati Bell Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, ; and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 12 contracts
Samples: Agreement and Plan of Merger (Cellu Tissue Holdings, Inc.), Agreement and Plan of Reorganization (Sumo Logic, Inc.), Agreement and Plan of Merger (Zoom Telephonics, Inc.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at on or prior to the Closing Date, ; and the Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 12 contracts
Samples: Agreement and Plan of Merger (Essilor International /Fi), Agreement and Plan of Merger (Network Equipment Technologies Inc), Agreement and Plan of Merger (Icoria, Inc.)
Performance of Obligations of the Company. The Company shall have performed in all material respects and complied in all obligations material respects with all agreements and covenants required to be performed or complied with by it under this Agreement at or prior to the Closing Date, and . Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 12 contracts
Samples: Agreement and Plan of Merger (Zynga Inc), Agreement and Plan of Merger (Tw Telecom Inc.), Agreement and Plan of Merger (Centurylink, Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.;
Appears in 12 contracts
Samples: Agreement and Plan of Merger (Merix Corp), Agreement and Plan of Merger (Allegheny Technologies Inc), Agreement and Plan of Merger (Wheeling Pittsburgh Corp /De/)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at on or prior to the Closing Date, ; and Parent the Buyer shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 11 contracts
Samples: Agreement and Plan of Merger (Sinoenergy CORP), Agreement and Plan of Merger (LumaSense Technologies, Inc.), Agreement and Plan of Merger (Mikron Infrared Inc)
Performance of Obligations of the Company. The Company shall have performed or complied in all material respects all obligations with the covenants and agreements required to be performed or complied with by it under this Agreement at or prior to the Closing Date, Effective Time; and Parent shall have received a certificate signed on behalf of the Company by the chief a duly authorized executive officer and the chief financial officer of the Company to such effect.; and
Appears in 11 contracts
Samples: Agreement and Plan of Merger (Indivior PLC), Agreement and Plan of Merger (Allergan PLC), Agreement and Plan of Merger (Kythera Biopharmaceuticals Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer Chief Executive Officer and the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 10 contracts
Samples: Agreement and Plan of Merger (Occupational Health & Rehabilitation Inc), Agreement and Plan of Merger (Concentra Operating Corp), Agreement and Plan of Merger (Salary. Com, Inc.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, Effective Time; and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and Chief Executive Officer or the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 10 contracts
Samples: Agreement and Plan of Merger (People's United Financial, Inc.), Agreement and Plan of Merger (Chittenden Corp /Vt/), Agreement and Plan of Merger (Wilmington Trust Corp)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, Effective Time; and Parent and Merger Sub shall have received a certificate signed on behalf of the Company by the chief a senior executive officer and the chief financial officer of the Company to such effect.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (China TransInfo Technology Corp.), Agreement and Plan of Merger (China Security & Surveillance Technology, Inc.), Agreement and Plan of Merger (China Security & Surveillance Technology, Inc.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and the Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Click Commerce Inc), Agreement and Plan of Merger (Metromedia International Group Inc), Agreement and Plan of Merger (Northstar Health Services Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects and complied in all obligations material respects with all agreements and covenants required to be performed or complied with by it under this Agreement at or prior to the Closing Date, and . Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Broadwing Corp), Agreement and Plan of Merger (Cowen Group, Inc.), Agreement and Plan of Merger (Broadwing Corp)
Performance of Obligations of the Company. The Company shall have performed in all material respects all the obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent Purchaser shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial an authorized officer of the Company to such effect.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (People's United Financial, Inc.), Agreement and Plan of Merger (People's United Financial, Inc.), Agreement and Plan of Merger (Bok Financial Corp Et Al)
Performance of Obligations of the Company. The Company shall have performed or complied in all material respects with all obligations agreements and covenants required to be performed by it under this Agreement at or prior to the Closing Date, Date and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and or the chief financial officer of the Company to such effect.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (James River Group, Inc), Agreement and Plan of Merger (Audible Inc), Agreement and Plan of Merger (Amazon Com Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate certificate, dated the Closing Date, signed on behalf of the Company by the chief executive officer Chief Executive Officer and the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Banknorth Group Inc/Me), Shareholder Agreement (Willow Grove Bancorp Inc/New), Agreement and Plan of Reorganization (Banknorth Group Inc/Me)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, ; and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer Chief Executive Officer of the Company to such effect.
Appears in 7 contracts
Samples: Acquisition Agreement (Cell Therapeutics Inc), Agreement and Plan of Merger (GigOptix, Inc.), Agreement and Plan of Merger (Network Equipment Technologies Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent Acquiror shall have received a certificate signed on behalf of the Company by the chief executive officer and Chief Executive Officer or the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (People's United Financial, Inc.), Agreement and Plan of Merger (As Seen on TV, Inc.), Agreement and Plan of Merger (Ediets Com Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all of its obligations and covenants, taken as a whole, required to be performed by it under this Agreement at or prior to or as of the Closing Date, and Parent shall have received a certificate to such effect signed on behalf of the Company by the chief a senior executive officer and the chief financial officer of the Company to such effectCompany.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Expedia Inc), Agreement and Plan of Merger (Ticketmaster), Agreement and Plan of Merger (Usa Interactive)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer Chief Executive Officer or Chief Financial Officer of the Company to such effect.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (At&t Corp), Agreement and Plan of Merger (Bowne & Co Inc), Agreement and Plan of Merger (RR Donnelley & Sons Co)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing DateEffective Time, and Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company Company, dated as of the Closing Date, to such effect.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Pacwest Bancorp), Agreement and Plan of Merger (CU Bancorp), Agreement and Plan of Merger (Square 1 Financial Inc)
Performance of Obligations of the Company. The Company shall have performed or complied with, in all material respects respects, all obligations material agreements and covenants required to be performed or complied with by it under this Agreement at or prior to the Closing Date, Date and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and or the chief financial officer of the Company to such effect.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (CollabRx, Inc.), Agreement and Plan of Merger (Contango Oil & Gas Co), Agreement and Plan of Merger (Medytox Solutions, Inc.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer Chief Executive Officer and the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Sterling Venture Partners L P), Agreement and Plan of Merger (Verifone Systems, Inc.), Agreement and Plan of Merger (Hypercom Corp)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent Purchaser shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial a duly authorized officer of the Company to such effect.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (VCG Holding Corp), Stock Purchase Agreement (Alabama Gas Corp), Agreement and Plan of Merger (VCG Holding Corp)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, Date under this Agreement; and Parent shall have received a certificate certificate, dated the Closing Date, signed on behalf of the Company by the chief executive officer Chief Executive Officer and the chief financial officer Chief Financial Officer of the Company Company, to such effect.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (United Financial Corp \Mn\), Agreement and Plan of Merger (Woronoco Bancorp Inc), Agreement and Plan of Merger (PNC Financial Services Group Inc)
Performance of Obligations of the Company. The Company shall have performed performed, in all material respects respects, all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Date under this Agreement. Parent shall have received a certificate signed on behalf of the Company by Company’s President to the chief executive officer and the chief financial officer of the Company to such foregoing effect.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Legend Oil & Gas, Ltd.), Agreement and Plan of Merger (New Western Energy Corp), Agreement and Plan of Merger (Whos Your Daddy Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and or the chief financial officer of the Company to such effect.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Northrop Grumman Corp /De/), Agreement and Plan of Merger (Orbital Atk, Inc.), Acquisition Agreement (Alloy Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it the Company under this Agreement at or prior to the Closing Date, and . Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effecteffect dated as of the Closing Date.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (En Pointe Technologies Inc), Agreement and Plan of Merger (Hirsch International Corp), Agreement and Plan of Merger (Synergx Systems Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to before the Closing DateEffective Time, and Parent shall have received a certificate certificate, dated the Closing Date and signed on behalf of the Company by the chief executive officer Chief Executive Officer and the chief financial officer Chief Financial Officer of the Company to such that effect.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Cullen Frost Bankers Inc), Agreement and Plan of Merger (Cullen Frost Bankers Inc), Agreement and Plan of Merger (Summit Bancshares Inc /Tx/)
Performance of Obligations of the Company. The Company shall have performed have, in all material respects respects, performed or complied with all obligations required to be performed or complied with by it under this Agreement at or prior to by the Closing Datetime of the Closing, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Cyan Inc), Agreement and Plan of Merger (Covance Inc), Agreement and Plan of Merger (Ciena Corp)
Performance of Obligations of the Company. The Company shall have performed in all material respects all any covenants or obligations required to be performed by it under this Agreement at or prior to the Closing DateDate in all material respects, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and or the chief financial officer of the Company to such effect.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Datawave Systems Inc), Agreement and Plan of Merger (QRS Corp), Agreement and Plan of Merger (Internet Commerce Corp)
Performance of Obligations of the Company. The Each of the Company and its Subsidiaries shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing DateEffective Time, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and or the chief financial officer of the Company to such effect.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (DRS Technologies Inc), Agreement and Plan of Merger (Integrated Defense Technologies Inc), Agreement and Plan of Merger (Schein Henry Inc)
Performance of Obligations of the Company. The Company shall have performed have, in all material respects respects, performed or complied with all obligations required by the time of the Closing to be performed or complied with by it under this Agreement at or prior to the Closing DateAgreement, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and or the chief financial officer of the Company to such effect.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Williams Companies Inc), Agreement and Plan of Merger (Williams Companies Inc), Agreement and Plan of Merger (Energy Transfer Equity, L.P.)
Performance of Obligations of the Company. The Company shall have performed and complied with, in all material respects respects, all of its obligations under this Agreement required to be performed or complied with by it under this Agreement at or prior to the Closing DateClosing, and Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Tesoro Corp /New/), Agreement and Plan of Merger (Western Refining, Inc.), Agreement and Plan of Merger (Andeavor)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, Closing; and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and Chief Executive Officer or the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 4 contracts
Samples: Transaction Agreement (Banco Bilbao Vizcaya Argentaria, S.A.), Transaction Agreement (Banco Bilbao Vizcaya Argentaria, S.A.), Transaction Agreement (Compass Bancshares Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to before the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 4 contracts
Samples: Merger Agreement (Avaya Inc), Agreement and Plan of Merger (Pyxis Oncology, Inc.), Agreement and Plan of Merger (Apexigen, Inc.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and or the chief financial officer of the Company to such effect.;
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Dynamex Inc), Agreement and Plan of Merger (SmartPros Ltd.), Agreement and Plan of Merger (Dynamex Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing DateEffective Time, and Parent Buyer shall have received a certificate signed on behalf of the Company by the chief executive officer and or the chief financial officer of the Company to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Inland American Real Estate Trust, Inc.), Agreement and Plan of Merger (Apple Hospitality Two Inc), Agreement and Plan of Merger (Apple Hospitality Five Inc)
Performance of Obligations of the Company. The Company shall have performed or complied with in all material respects all of its obligations required to be performed or complied with by it under this Agreement at or prior to the Closing Date, and Parent the Buyer shall have received a certificate signed on behalf of the Company by the chief executive officer Chief Executive Officer and the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Teknowledge Corp), Asset Purchase Agreement (Netiq Corp), Stock and Asset Purchase Agreement (Argonaut Technologies Inc)
Performance of Obligations of the Company. The Company shall have performed or complied in all material respects with all obligations agreements and covenants required to be performed by it under this Agreement at or prior to the Closing Date, and . Parent shall have received a certificate signed by an executive officer of the Company, on behalf of the Company by the chief executive officer and the chief financial officer of the Company Company, to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Mod Pac Corp), Agreement and Plan of Merger (Frederick's of Hollywood Group Inc /Ny/), Agreement and Plan of Merger (Mod Pac Corp)
Performance of Obligations of the Company. The Company shall have performed complied in all material respects all with its obligations required to be performed complied with by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Pxre Group LTD), Agreement and Plan of Merger (Argo Group International Holdings, Ltd.), Agreement and Plan of Merger (Pxre Group LTD)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial an officer of the Company to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Medco Health Solutions Inc), Agreement and Plan of Merger (Elevate Credit, Inc.), Agreement and Plan of Merger (Elevate Credit, Inc.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent Buyer shall have received a certificate signed on behalf of the Company by the chief executive officer Chief Executive Officer and the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Pacifica Bancorp Inc), Agreement and Plan of Merger (Ucbh Holdings Inc), Agreement and Plan of Merger (Ucbh Holdings Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations (provided, however, that the Company shall have performed in all respects the obligations in Section 5.01(e)) required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Millstream Acquisition Corp), Agreement and Plan of Merger (Millstream Acquisition Corp), Agreement and Plan of Merger (RGGPLS Holding, Inc.)
Performance of Obligations of the Company. The Company shall have performed or complied in all material respects with all obligations required to be performed or complied with by it under this Agreement at or prior to the Closing Date, Effective Time; and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and Chief Executive Officer or the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Endo Pharmaceuticals Holdings Inc), Agreement and Plan of Merger (Patient Safety Technologies, Inc), Agreement and Plan of Merger (Motorola Mobility Holdings, Inc)
Performance of Obligations of the Company. The Company shall have ----------------------------------------- performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, ; and Parent the Buyer shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Flycast Communications Corp), Agreement and Plan of Merger and Reorganization (Cmgi Inc), Agreement and Plan of Merger and Reorganization (Cmgi Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing DateClosing, and Parent shall have received a certificate signed on behalf of the Company by the chief a senior executive officer and the chief financial officer of the Company to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Univar Inc.), Agreement and Plan of Merger (Athenahealth Inc), Agreement and Plan of Merger (Front Yard Residential Corp)
Performance of Obligations of the Company. The Company shall have performed in all material respects all the obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate certificate, dated as of the Closing Date, signed on behalf of the Company by the chief executive officer Chief Executive Officer and the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Ocean Shore Holding Co.), Agreement and Plan of Merger (Oceanfirst Financial Corp), Agreement and Plan of Merger (Oceanfirst Financial Corp)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the or chief financial officer of the Company to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Penn National Gaming Inc), Agreement and Plan of Merger (Tropicana Las Vegas Hotel & Casino, Inc.), Agreement and Plan of Merger (Dyncorp International Inc.)
Performance of Obligations of the Company. The Company shall have performed or complied in all material respects all obligations with the covenants and agreements required to be performed or complied with by it under this Agreement at or prior to the Closing Date, Effective Time; and Parent shall have received a certificate signed on behalf of the Company by the chief a duly authorized executive officer and the chief financial officer of the Company to such effect.;
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Waste Connections, Inc.), Agreement and Plan of Merger (Progressive Waste Solutions Ltd.), Agreement and Plan of Merger (Towers Watson & Co.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations and covenants required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief a senior executive officer and the chief financial officer of the Company to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Jones Group Inc), Agreement and Plan of Merger (Blount International Inc), Agreement and Plan of Merger (Wolverine World Wide Inc /De/)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing DateEffective Time, and Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Dell Inc), Agreement and Plan of Merger (Quest Software Inc), Agreement and Plan of Merger (Quest Software Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer, chief operating officer and the chief financial officer of the Company to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (International Speedway Corp), Agreement and Plan of Merger (Speedway Motorsports Inc), Agreement and Plan of Merger (Action Performance Companies Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to before the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Applied Molecular Transport Inc.), Agreement and Plan of Merger (Cyclo Therapeutics, Inc.), Agreement and Plan of Merger (Cyclo Therapeutics, Inc.)
Performance of Obligations of the Company. The Company shall have duly performed in all material respects all any covenants or obligations required to be performed by it under this Agreement at or prior to the Closing DateDate in all material respects, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and or the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Virage Inc), Agreement and Plan of Merger (Autonomy Corp PLC), Agreement and Plan of Merger (Virage Inc)
Performance of Obligations of the Company. The Company shall have performed or complied in all material respects with all obligations agreements and covenants required to be performed by it under this Agreement at or prior to the Closing Date, Date and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial a duly authorized officer of the Company to such effectcertifying that the conditions set forth in 6.02(a), 6.02(b) and 6.02(c) shall have been satisfied.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Critical Path Inc), Agreement and Plan of Merger (Vectis Cp Holdings LLC), Agreement and Plan of Merger (General Atlantic LLC)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received receive at Closing a certificate signed on behalf of the Company by the chief executive an authorized officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Perficient Inc), Agreement and Plan of Merger (Perficient Inc), Agreement and Plan of Merger (Perficient Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, Date and Parent shall have received at the Closing a certificate signed on behalf of the Company by the chief a senior executive officer and the chief financial officer of the Company to such effectthe effect that the condition set forth in this Section 7.2(b) has been satisfied.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Dun & Bradstreet Corp/Nw), Agreement and Plan of Merger (Solera Holdings, Inc), Agreement and Plan of Merger (Dun & Bradstreet Corp/Nw)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and . Parent shall have received a certificate signed on behalf of the Company by the chief executive officer officer, the president and the chief financial officer of the Company to such effectthe effect set forth in this Section 6.02(b).
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Axys Pharmaceuticals Inc), Agreement and Plan of Merger (Applera Corp), Agreement and Plan of Merger (Axys Pharmaceuticals Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent the Purchaser shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Metaldyne Corp), Preferred Stock Purchase Agreement (Metaldyne Corp), Stock Purchase Agreement (Metaldyne Corp)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, Effective Time; and Parent Purchaser shall have received a certificate signed on behalf of the Company by the chief executive officer and Chief Executive Officer or the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Pacific Capital Bancorp /Ca/), Agreement and Plan of Merger, Agreement and Plan of Merger (Unionbancal Corp)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing DateEffective Time, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and Chief Executive Officer or the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Applera Corp), Agreement and Plan of Merger (Quintiles Transnational Corp), Agreement and Plan of Merger (International Home Foods Inc)
Performance of Obligations of the Company. (i) The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing DateEffective Time, and (ii) Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (J Crew Group Inc), Agreement and Plan of Merger (Jo-Ann Stores Inc), Agreement and Plan of Merger (Rural/Metro Corp /De/)
Performance of Obligations of the Company. The Company shall have performed or complied in all material respects with all obligations agreements and covenants required to be performed by it under this Agreement at on or prior to the Closing Date, Date and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and or the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Progenics Pharmaceuticals Inc), Agreement and Plan of Merger (Lantheus Holdings, Inc.), Agreement and Plan of Merger (Lantheus Holdings, Inc.)
Performance of Obligations of the Company. The Company shall have performed and complied with, in all material respects respects, all obligations under this Agreement required to be performed or complied with by it under this Agreement at or prior to the Closing DateClosing, and Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Cleveland-Cliffs Inc.), Agreement and Plan of Merger (Ak Steel Holding Corp), Agreement and Plan of Merger (Cleveland-Cliffs Inc.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company Certifying Officers to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (WPS Resources Corp), Agreement and Plan of Merger (Peoples Energy Corp)
Performance of Obligations of the Company. The Each of the Company and its subsidiaries shall have performed in all material respects all obligations required to be performed by it under this Agreement the Transaction Agreements at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Westinghouse Electric Corp), Agreement and Plan of Merger (Gaylord Entertainment Co), Agreement and Plan of Merger (Westinghouse Electric Corp)
Performance of Obligations of the Company. (i) The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and (ii) Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Cke Restaurants Inc), Agreement and Plan of Merger (Aeroways, LLC), Agreement and Plan of Merger (Cke Restaurants Inc)
Performance of Obligations of the Company. The Company shall have performed or complied in all material respects all obligations with the covenants and agreements required to be performed or complied with by it under this Agreement at or prior to the Closing Date, Effective Time; and Parent shall have received a certificate signed on behalf of the Company by the chief a duly authorized executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (TYCO INTERNATIONAL PLC), Agreement and Plan of Merger (Allergan PLC), Agreement and Plan of Merger (Johnson Controls Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and . Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Trane Inc.), Agreement and Plan of Merger (Collateral Therapeutics Inc), Agreement and Plan of Merger (Ingersoll Rand Co LTD)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and . Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effectthe effect set forth in this paragraph.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Access Pharmaceuticals Inc), Agreement and Plan of Merger (Somanta Pharmaceuticals Inc.), Agreement and Plan of Merger (Access Pharmaceuticals Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and . Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Netratings Inc), Agreement and Plan of Merger (Netratings Inc), Agreement and Plan of Merger (Netratings Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, ; and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and Chief Executive Officer or the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Tierone Corp), Agreement and Plan of Merger (Tierone Corp), Agreement and Plan of Merger (Capital Gold Corp)
Performance of Obligations of the Company. The Company shall will have performed in all material respects all agreements, obligations and covenants required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall will have received a certificate signed on behalf of the Company by the chief executive officer and Chief Executive Officer or the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Southern Co), Agreement and Plan of Merger (Agl Resources Inc), Agreement and Plan of Merger
Performance of Obligations of the Company. The Company shall have performed or complied in all material respects with all agreements or obligations required to be performed or complied with by it under this Agreement at or prior to the Closing DateEffective Time, and Parent shall have received a certificate signed on behalf of the Company by the chief a duly authorized executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (eLong, Inc.), Agreement and Plan of Merger (GLORY STAR NEW MEDIA GROUP HOLDINGS LTD), Agreement and Plan of Merger (Yintech Investment Holdings LTD)
Performance of Obligations of the Company. The Company shall have performed in all material respects at or prior to the Closing Date all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate to such effect signed on behalf of the Company by the chief executive officer Chief Executive Officer and the chief financial officer Chief Financial Officer of the Company to such effectCompany.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Barr Pharmaceuticals Inc), Agreement and Plan of Merger (Wright Medical Group Inc), Agreement and Plan of Merger (Biomimetic Therapeutics, Inc.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement Plan at or prior to the Closing DateEffective Time in all material respects, and Parent shall have received a certificate certificate, dated the Closing Date, signed on behalf of the Company by the chief executive officer Chief Executive Officer and the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (M&t Bank Corp), Agreement and Plan of Merger (Provident Bankshares Corp), Agreement and Plan of Merger (Sterling Financial Corp /Pa/)
Performance of Obligations of the Company. The Company shall have performed performed, or complied with, in all material respects all obligations required to be performed by or complied with by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Silgan Holdings Inc), Agreement and Plan of Merger (Graham Packaging Co Inc.), Agreement and Plan of Merger (Graham Packaging Co Inc.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all agreements, covenants and obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Jorgensen Earle M Co /De/), Agreement and Plan of Merger (Reliance Steel & Aluminum Co), Agreement and Plan of Merger (Reliance Steel & Aluminum Co)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at on or prior to the Closing Date, and Parent Buyer shall have received a certificate to that effect signed on behalf by the Chief Executive Officer and the Chief Financial Officer of the Company by the chief executive officer and the chief financial officer of the Company to such effectCompany.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Epresence Inc), Agreement and Plan of Merger (Infospace Inc), Agreement and Plan of Merger (Infospace Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, Effective Time; and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and Chief Executive Officer or the chief financial officer Chief Financial Officer of the Company to such the foregoing effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Sands Regent), Agreement and Plan of Merger (Peregrine Systems Inc), Agreement and Plan of Merger (Herbst Gaming Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, ; and Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Grant Prideco Inc), Agreement and Plan of Merger (National Oilwell Varco Inc), Agreement and Plan of Merger (Varco International Inc /De/)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations and shall have complied in all material respects with all agreements and covenants required to be performed by it under this Agreement at or prior to before the Closing DateEffective Time, and Parent shall have received a certificate certificate, dated the Closing Date and signed on behalf of the Company by the chief executive officer Chief Executive Officer and the chief financial officer Chief Financial Officer of the Company to such that effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (FCB Financial Holdings, Inc.), Agreement and Plan of Merger (Byline Bancorp, Inc.), Agreement and Plan of Merger (First Midwest Bancorp Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations and covenants required to be performed by it under this Agreement at on or prior to the Closing Date, ; and the Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Bookham Technology PLC), Agreement and Plan of Merger (New Focus Inc), Agreement and Plan of Merger (Bookham Technology PLC)
Performance of Obligations of the Company. The Company shall have performed in all material respects all each of the obligations required to be performed by it the Company under this Agreement at on or prior to the Closing Date, Date and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Toronto Dominion Bank), Agreement and Plan of Merger (Toronto Dominion Bank), Agreement and Plan of Merger (Td Banknorth Inc.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and . Parent shall have received a certificate dated as of the Closing Date signed on behalf of the Company by the chief executive officer and the chief financial officer president of the Company to such effectthe effect set forth in this paragraph.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Macrochem Corp), Agreement and Plan of Merger (Macrochem Corp), Agreement and Plan of Merger (Access Pharmaceuticals Inc)
Performance of Obligations of the Company. The Company shall have ----------------------------------------- performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and the Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer Chief Executive Officer of the Company to such effect.
Appears in 2 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Sohu Com Inc)
Performance of Obligations of the Company. The Company shall have performed have, in all material respects respects, performed or complied with all obligations required to be performed or complied with by it under this Agreement at or prior to by the Closing Datetime of the Closing, 41 and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Fidelity National Financial, Inc.), Agreement and Plan of Merger (Fidelity National Financial, Inc.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received at the Closing a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer Chief Executive Officer or Chief Financial Officer of the Company to such effectthe effect that the conditions set forth in this Section 7.2(b) have been satisfied.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cintas Corp), Agreement and Plan of Merger (G&k Services Inc)
Performance of Obligations of the Company. The Company shall have performed or complied with in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and the Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Metromedia Fiber Network Inc), Agreement and Plan of Merger (Metromedia Fiber Network Inc)
Performance of Obligations of the Company. The Company shall have performed or complied in all material respects all with obligations required to be performed or complied with by it under this Agreement at or prior to the Closing DateMerger Closing, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the or chief financial officer of the Company thereof to such effect.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Emergency Medical Services CORP), Agreement and Plan of Merger (CD&R Associates VIII, Ltd.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all material obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cherokee International Corp), Agreement and Plan of Merger (Unison Software Inc)
