Xxxxxxx Merger Agreement definition

Xxxxxxx Merger Agreement means that certain Agreement and Plan of Merger dated as of March 24, 2007, as amended on May 1, 2007, by and between the Company, Xxxxxxx and Xxxxxxx Subsidiary, as may have been amended from time to time thereafter.

Xxxxxxx Merger Agreement means that certain Agreement and Plan of Merger, dated as of September 6, 2022, by and among the Borrower, Parent, TopCo, Snapper Merger Sub II, LLC, a Delaware limited liability company, Xxxxxxx Minerals and Xxxxxxx Holdings, as amended, restated, supplemented or otherwise modified as permitted hereunder.

Xxxxxxx Merger Agreement means the Agreement and Plan of Merger dated as of July 21, 2010 among the Company, Lima Merger Corp. and Xxxxxx’x, as amended by the First Amendment to Agreement and Plan of Merger dated as of September 30, 2010.

Examples of Xxxxxxx Merger Agreement in a sentence

• The Xxxxxxx Merger Agreement has been validly terminated and, except for Sections 7.2, 7.3 and 8 thereof, the Xxxxxxx Merger Agreement is of no further force or effect.

• The Company has paid to Xxxxxxx the termination fee payable pursuant to the Xxxxxxx Merger Agreement (the "Company Termination Fee").

• Notwithstanding anything to the contrary contained herein, the restrictions contained in this Section 9.11 shall not apply to the merger of a newly formed wholly-owned Subsidiary of the Borrower with Xxxxxxx Holdings, with Xxxxxxx Holdings surviving such merger as a wholly-owned Subsidiary of the Borrower, in accordance with the terms of the Xxxxxxx Merger Agreement.

• The Agent shall have received executed copies of the Xxxxxxx Merger Agreement (as in effect as of the First Amendment Effective Date) and any other documents related to the Xxxxxxx Merger reasonably requested by the Agent (at the direction of the Requisite Holders), each certified as being true and complete by a Responsible Officer of the Issuer.

• The Administrative Agent shall have received executed copies of the Xxxxxxx Merger Agreement (as in effect as of the Fourth Amendment Effective Date) and any other documents related to the Xxxxxxx Merger reasonably requested by the Administrative Agent, each certified as being true and complete by a Responsible Officer of the Borrower.

• Pursuant to the QEF XX Xxxxxxx Merger Agreement, (i) TE Fund, as the sole stockholder of QEF XX Xxxxxxx prior to the QEF XX Xxxxxxx Merger, shall receive its Pro Rata Common Stock Shares (estimated to be 319,001 shares) in exchange for its shares in QEF XX Xxxxxxx, which shall be cancelled, and (ii) all of the assets and liabilities of QEF XX Xxxxxxx shall be vested in PubCo.

• The Company has paid to Xxxxxxx the termination fee payable pursuant to the Xxxxxxx Merger Agreement (the “Company Termination Fee”).

• Notwithstanding anything to contrary contained herein, the restrictions contained in this Section 7.10 shall not apply to the merger of a newly formed wholly-owned Subsidiary of the Issuer with Xxxxxxx Minerals Holdings, LLC, with Xxxxxxx Minerals Holdings, LLC surviving such merger as a wholly-owned Subsidiary of the Issuer, in accordance with the terms of the Xxxxxxx Merger Agreement.

• For all purposes, the XX Xxxxxxx Merger Agreement shall be amended to reflect TE Fund (i) owning 28,087,596 Series A Units in QES Holdco immediately prior to such merger and (ii) receiving 795,018 shares in PubCo in connection with such merger.

• The Xxxxxxx Merger Agreement has been terminated and, except for Sections 7.2, 7.3 and 8 thereof, the Xxxxxxx Merger Agreement is of no further force or effect.

More Definitions of Xxxxxxx Merger Agreement

Xxxxxxx Merger Agreement means the Agreement and Plan of Merger dated as of May 3, 2002 among the Borrower, CD Acquisition Corp., a Missouri corporation and a wholly owned Subsidiary of the Borrower, Xxxxxxx, Xxxxxx X. Xxxxxxx and Xxxxxx X. Xxxxxxx, as such agreement may be amended from time to time in accordance with its terms.