Acquisition Sub. Parent will take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Merger on the terms and conditions set forth in this Agreement and (b) ensure that, prior to the Effective Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness or make any investments, other than as specifically contemplated by this Agreement.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Barings BDC, Inc.), Agreement and Plan of Merger (Sierra Income Corp), Agreement and Plan of Merger (Portman Ridge Finance Corp)
Acquisition Sub. Parent will take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Offer and the Merger on the terms and conditions set forth in this Agreement, (b) cause the Surviving Corporation to perform its obligations under this Agreement and (bc) ensure that, prior to the Effective Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness business or make any investments, investments other than as specifically contemplated by this Agreement, or incur or guarantee any indebtedness.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Peerless Systems Corp), Agreement and Plan of Merger (Steinway Musical Instruments Inc), Agreement and Plan of Merger (Steinway Musical Instruments Inc)
Acquisition Sub. Parent will take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Offer and the Merger on the terms and conditions set forth in this Agreement and (b) ensure that, prior to the Effective Acceptance Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness business or make any investments, investments other than as specifically contemplated by this Agreement, or incur or guarantee any indebtedness.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Millennial Media Inc.), Agreement and Plan of Merger (Dealertrack Technologies, Inc), Agreement and Plan of Merger (AOL Inc.)
Acquisition Sub. Parent will shall take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Merger on the terms and conditions set forth in this Agreement and (b) ensure that, prior to the Effective Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness or make any investments, other than as specifically contemplated by this Agreement. Any Consent or waiver by Parent under this Agreement shall be deemed to also be a Consent or waiver by Acquisition Sub.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Servicesource International, Inc.), Agreement and Plan of Merger (Corelogic, Inc.)
Acquisition Sub. Parent will take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Company Merger on the terms and conditions set forth in this Agreement and (b) ensure that, that Acquisition Sub prior to the Company Merger Effective Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness Indebtedness or make any investments, other than as specifically contemplated by this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ares Capital Corp), Agreement and Plan of Merger (American Capital, LTD)
Acquisition Sub. Parent will shall take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate Offer and the First Merger on the terms and conditions set forth in this Agreement and (b) ensure that, prior to the Effective Offer Acceptance Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness or make any investments, other than as specifically contemplated by this Agreement. Any Consent or waiver by Parent under this Agreement shall be deemed to also be a Consent or waiver by Acquisition Sub.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Home Point Capital Inc.), Agreement and Plan of Merger (Mr. Cooper Group Inc.)
Acquisition Sub. Parent will take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Merger on the terms and conditions set forth in this Agreement and (b) ensure that, prior to the Effective TimeClosing, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness business or make any investments, investments other than as specifically contemplated by this Agreement, or incur or guarantee any Indebtedness.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Elizabeth Arden Inc), Agreement and Plan of Merger (Revlon Inc /De/)
Acquisition Sub. Parent will take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Offer or the Merger on the terms and conditions set forth in this Agreement and (b) ensure that, prior to the Effective Acceptance Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness business or make any investments, investments other than as specifically contemplated by this Agreement, or incur or guarantee any indebtedness.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Harland Clarke Holdings Corp), Agreement and Plan of Merger (Valassis Communications Inc)
Acquisition Sub. Parent will shall take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Merger on the terms and conditions set forth in this Agreement and (b) ensure that, prior to the Effective Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness or make any investments, other than as specifically contemplated by this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Compuware Corp)
Acquisition Sub. Parent will take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Offer and the Merger on the terms and conditions set forth in this Agreement and (b) ensure that, prior to the Effective Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness business or make any investments, investments other than as specifically contemplated by this Agreement, or incur or guarantee any indebtedness.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Epicor Software Corp), Agreement and Plan of Merger (Gymboree Corp)
Acquisition Sub. Parent will shall take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Merger on the terms and conditions set forth in this Agreement and (b) ensure that, prior to the Effective Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness Indebtedness or make any investments, other than as specifically contemplated by this AgreementAgreement or the Financing Agreements.
Appears in 1 contract
Acquisition Sub. Parent will take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Offer and the Merger on the terms and conditions set forth in this Agreement, (b) cause the Surviving Corporation to perform its obligations under this Agreement and (bc) ensure that, prior to the Effective Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness business or make any investments, investments other than as specifically contemplated by this Agreement, or incur or guarantee any Indebtedness.
Appears in 1 contract
Acquisition Sub. Parent will take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Merger on the terms and conditions set forth in this Agreement and (b) ensure that, prior to the Effective Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness or make any investments, other than as specifically contemplated by this Agreement.
Appears in 1 contract
Acquisition Sub. Parent will take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Merger on the terms and conditions set forth in this Agreement, (b) cause the Surviving Corporation to perform its obligations under this Agreement and (bc) ensure that, prior to the Effective Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness business or make any investments, investments other than as specifically contemplated by this Agreement, or incur or guarantee any indebtedness.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Mips Technologies Inc)
Acquisition Sub. Parent will take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Offer or the Merger on the terms and conditions set forth in this Agreement and (b) ensure that, prior to the Effective Acceptance Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness business or make any investments, investments other than as specifically contemplated by this Agreement, or incur or guarantee any indebtedness other than as contemplated by any Available Financing.
Appears in 1 contract
Acquisition Sub. Parent will take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Offer and the Merger on the terms and conditions set forth in this Agreement and (b) ensure that, prior to the Effective Acceptance Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness or make any investments, other than as specifically contemplated by this Agreement.,
Appears in 1 contract
Acquisition Sub. Parent will take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Merger on the terms and conditions set forth in this Agreement and (b) ensure that, prior to the Effective Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness or make any investments, other than as specifically contemplated by this AgreementAgreement (including the Financing Commitments).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Digital River Inc /De)
