Conditions to Obligation of Each Party to Effect the Merger. The respective obligations of Acquiror and Merger Sub, on the one hand, and Target, on the other hand, to effect the Merger and otherwise to consummate the transactions contemplated by this Agreement will be subject to the satisfaction or waiver at or prior to the Closing of each of the following conditions (it being understood that (i) any one or more of the following conditions may be waived by the written agreement of Acquiror and Target and (ii) by proceeding with the Closing, Acquiror, Merger Sub and Target will be deemed to have waived any of such conditions that remain unsatisfied):
Appears in 2 contracts
Samples: Agreement and Plan of Merger (HealthSpring, Inc.), Agreement and Plan of Merger (HealthSpring, Inc.)
Conditions to Obligation of Each Party to Effect the Merger. The respective obligations of Acquiror and Merger Sub, on the one hand, and Target, on the other hand, to effect the Merger and otherwise to consummate the transactions contemplated by this Agreement will shall be subject to the satisfaction or waiver at or prior to the Closing of each of the following conditions (it being understood that (i) any one or more of the following conditions may be waived by the written agreement of Acquiror and Target and (ii) by proceeding with the Closing, Acquiror, Merger Sub and Target will be deemed to have waived any of such conditions that remain unsatisfiedTarget):
Appears in 1 contract
Samples: Agreement and Plan of Merger (Forest Laboratories Inc)
Conditions to Obligation of Each Party to Effect the Merger. The respective obligations of Acquiror and Merger Sub, on the one hand, and Target, on the other hand, to effect the Merger and otherwise to consummate the transactions contemplated by this Agreement will shall be subject to the satisfaction or waiver at or prior to the Closing of each of the following conditions (it being understood that (i) any one or more of the following conditions may be waived by the written agreement of Acquiror and Target and (ii) by proceeding with the Closing, *Confidential Treatment Requested. Omitted portions filed with the Commission. Acquiror, Merger Sub and Target will be deemed to have waived any of such conditions that remain unsatisfied):
Appears in 1 contract
Samples: Agreement and Plan of Merger (Cubist Pharmaceuticals Inc)
