Common use of Subsidiary Merger Clause in Contracts

Subsidiary Merger. All conditions to the consummation of the Subsidiary Merger, set forth in Section 3.1 of the Subsidiary Merger Agreement, shall have been satisfied, including the adoption of the Subsidiary Merger Agreement by the requisite vote of the stockholders of Public pursuant to Public's certificate of incorporation and bylaws and applicable law; provided, however, that the condition precedent of the Subsidiary Merger Agreement which states that all conditions precedent to the consummation of at least this Agreement or a Sister Agreement shall have been satisfied or duly waived, need not be satisfied or duly waived.

Subsidiary Merger. All conditions to the consummation of the Subsidiary Merger, set forth in Section 3.1 2.1 of the Subsidiary Merger Agreement, shall have been satisfied, including the adoption of the Subsidiary Merger Agreement by the requisite vote of the stockholders of Public pursuant to Public's certificate of incorporation and bylaws and applicable law; provided, however, that the condition precedent of the Subsidiary Merger Agreement which states that all conditions precedent to the consummation of at least this Agreement or a Sister Agreement shall have been satisfied or duly waived, need not be satisfied or duly waived.