Conditions to Obligations of the Company. The obligations of the Company hereunder are subject to the fulfillment, at or before the Closing, of each of the following conditions (all or any of which may be waived in whole or in part by the Company in its sole discretion):
Appears in 11 contracts
Samples: Stock Purchase Agreement (American Real Estate Investment Corp), Note Purchase Agreement (Skyline Multimedia Entertainment Inc), Investment Agreement (Lih Holdings LLC)
Conditions to Obligations of the Company. The Company's obligations of the Company hereunder are subject to the fulfillmentfulfillment or satisfaction, at or before on and as of the Closing, of each of the following conditions (all any one or any more of which may be waived in whole or in part by the Company Company, but only in its sole discretiona writing signed by the Company):
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Ammo, Inc.), Agreement and Plan of Reorganization (HNC Software Inc/De), Agreement and Plan of Reorganization (Cadence Design Systems Inc)
Conditions to Obligations of the Company. The obligations of the Company hereunder are shall be subject to the fulfillment, prior to or at or before the Closing, of each of the following conditions (all or any of which may be waived in whole or in part by the Company in its sole discretion):conditions:
Appears in 8 contracts
Samples: Membership Interest Exchange and Contribution Agreement (Premier Holding Corp.), Membership Interest Exchange and Contribution Agreement (Premier Holding Corp.), Share Exchange Agreement
Conditions to Obligations of the Company. The Company’s obligations of the Company hereunder are subject to the fulfillment, at on or before prior to the Closing, of each all of the following conditions (all or conditions, any of which may be waived in whole or in part by the Company in its sole discretion):Company:
Appears in 5 contracts
Samples: Credit Agreement (Amyris, Inc.), Credit Agreement (Amyris, Inc.), Credit Agreement (Amyris, Inc.)
Conditions to Obligations of the Company. The obligations of the Company hereunder to sell the Assets are subject to the fulfillment, at or before the Closing, of each of the following conditions (all or any of which may be waived in whole or in part by the Company in its sole discretion):
Appears in 5 contracts
Samples: Asset Purchase Agreement (Station Casinos Inc), Asset Purchase Agreement (Station Casinos Inc), Asset Purchase Agreement (Station Casinos Inc)
Conditions to Obligations of the Company. The obligations of the Company hereunder to consummate the transactions provided for hereby are subject subject, in the discretion of the Company, to the fulfillmentsatisfaction, at on or before prior to the ClosingClosing Date, of each of the following conditions (all or conditions, any of which may be waived in whole or in part by the Company in its sole discretion):Company:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Ballard Power Systems Inc.), Unconditional Secured Guaranty and Pledge Agreement (Mandalay Digital Group, Inc.), Agreement and Plan of Merger (Demand Media Inc.)
Conditions to Obligations of the Company. The obligations of the Company hereunder are shall be subject to fulfillment by Acquisition and/or the fulfillment, Shareholders prior to or at or before the Closing, Closing of each of the following conditions (all or conditions, any of which may be waived in whole or in part by the Company in its sole discretion):Company:
Appears in 4 contracts
Samples: Share Exchange Agreement (Global Entertainment Holdings/Equities Inc), Share Exchange Agreement (Alec Bradley Cigar Corp/Fl), Share Exchange Agreement (Online Vacation Center Holdings Corp)
Conditions to Obligations of the Company. The obligations obligation of the Company hereunder are to consummate the Transactions, and to take the other actions to be taken by the Company at the Closing, is subject to the fulfillment, at or before waiver by the ClosingCompany, of each of the following conditions (all or any of which may be waived in whole or in part by the Company in its sole discretion):conditions:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (LiveXLive Media, Inc.), Agreement and Plan of Merger (Snap Interactive, Inc), Agreement and Plan of Merger (LiveXLive Media, Inc.)
Conditions to Obligations of the Company. The obligations obligation of the Company hereunder are to proceed with the Closing is subject to the fulfillment, at or before the Closing, of each of the following conditions (all or any of which may be waived in whole or in part by the Company in its sole discretionCompany):
Appears in 2 contracts
Samples: Share Purchase Agreement (GCL Silicon Technology Holdings Inc.), Share Purchase Agreement (GCL Silicon Technology Holdings Inc.)
Conditions to Obligations of the Company. The obligations obligation of the Company hereunder are to effect the transactions contemplated hereby shall be subject to the fulfillment, at on or before prior to the Closing, of each of the following conditions (any or all or any of which may be waived in whole or in part by the Company in its sole discretionwhole or part to the extent permitted by applicable law):
Appears in 2 contracts
Samples: Stock Purchase Agreement (Genworth Financial Inc), Stock Purchase Agreement (Genworth Financial Inc)
Conditions to Obligations of the Company. The obligations obligation of the Company hereunder are to effect the transactions contemplated hereby shall be subject to the fulfillment, at on or before the prior to each Closing, of each of the following conditions (all or any of which may be waived in whole or in part by the Company in its sole discretionwhole or part to the extent permitted by applicable law):
Appears in 2 contracts
Samples: Stock Purchase Agreement (Ecolab Inc), Stock Purchase Agreement (Henkel Kgaa /New/)
Conditions to Obligations of the Company. The obligations of the Company hereunder Group Companies and the Founder to proceed with the Closing are subject to the fulfillment, at or before the Closing, of each of the following conditions (all or any of which may be waived in whole or in part by the Company in its their sole discretion):
Appears in 1 contract
Samples: Share Subscription Agreement (Charm Communications Inc.)
Conditions to Obligations of the Company. The obligations of the Company hereunder are subject to the fulfillment, at or before the Second Closing, of each of the following conditions (all or any of which may be waived in writing in whole or in part by the Company in its sole discretion):Company). Stockholder shall use all commercially reasonable efforts to fulfill, at or before the Second Closing, such of the following conditions (or portions thereof) over which it has control:
Appears in 1 contract
Conditions to Obligations of the Company. The obligations of the Company hereunder are to consummate the Subject Transactions shall be subject to the fulfillment, at or before the Closingin all material respects, of each of the following conditions (all on or any of which may be before the Closing Date, unless waived in whole or in part by the Company in its sole discretion)::
Appears in 1 contract
Samples: Agreement and Plan of Merger (Autocam International LTD)
Conditions to Obligations of the Company. The obligations obligation of the Company hereunder are to consummate the transactions contemplated hereby is subject to the fulfillment, at or before the Closing, of each of the following conditions (all or any of which may be waived in whole or in part by the Company in its sole discretion):
Appears in 1 contract
Samples: Asset Purchase Agreement (Falcon Products Inc /De/)
Conditions to Obligations of the Company. The All obligations of the Company hereunder under this Agreement are subject to the fulfillment, at or before the Closing, fulfillment and satisfaction of each and every of the following conditions (on or prior to the Closing, any or all or any of which may be waived in whole or in part by the Company in its sole discretion):Company:
Appears in 1 contract
Conditions to Obligations of the Company. The obligations of the Company hereunder are subject to the fulfillmentfulfillment or satisfaction on, at or before and as of the Closing, of each of the following conditions (all any one or any more of which may be waived in whole or in part by the Company, but only in a writing signed on behalf of the Company in by its sole discretionChief Executive Officer):
Appears in 1 contract
Samples: Share Exchange Agreement (Dense Pac Microsystems Inc)
Conditions to Obligations of the Company. The obligations obligation of the Company hereunder are to consummate the transactions contemplated hereby is subject to the fulfillment, at or before the Closing, of each of the following conditions (all or any of which may be waived in whole or in part by the Company in its their sole discretion):
Appears in 1 contract
Samples: Stock Purchase and Sale Agreement (Burlington Industries Inc /De/)
Conditions to Obligations of the Company. The Each of the obligations of the Company and the Shareholder to be performed hereunder are shall be subject to the fulfillment, satisfaction (or waiver by the Company) at or before prior to the Closing, Closing Date of each of the following conditions (all or any of which may be waived in whole or in part by the Company in its sole discretion):conditions:
Appears in 1 contract
Samples: Asset Purchase Agreement (Transworld Healthcare Inc)
Conditions to Obligations of the Company. The Company’s obligations of the Company hereunder are subject to the fulfillmentfulfillment or satisfaction, at or before on and as of the ClosingClosing Date, of each of the following conditions (all any one or any more of which may be waived in whole or in part by the Company Company, but only in its sole discretiona writing signed by the Company):
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Sonic Solutions/Ca/)
Conditions to Obligations of the Company. The obligations of the Company hereunder under this Agreement are subject to the fulfillmentsatisfaction or waiver (such waiver being the exclusive right of the Company), at or before the Closing, of each of the following conditions (all or any of which may be waived in whole or in part by the Company in its sole discretion):conditions:
Appears in 1 contract
Conditions to Obligations of the Company. The Company’s obligations of the Company hereunder are subject to the fulfillmentfulfillment or satisfaction, at or before on and as of the Closing, of each of the following conditions (all any one or any more of which may be waived in whole or in part by the Company Company, but only in its sole discretiona writing signed by the Company):
Appears in 1 contract
Samples: Agreement and Plan of Merger (Netscreen Technologies Inc)
Conditions to Obligations of the Company. The Each of the obligations of the Company to be performed hereunder are shall be subject to the fulfillment, satisfaction (or waiver by the Company) at or before prior to the Closing, Closing of each of the following conditions (all or any of which may be waived in whole or in part by the Company in its sole discretion):conditions:
Appears in 1 contract
Samples: Securities Purchase Agreement (Law Companies Group Inc)
Conditions to Obligations of the Company. The Company's obligations of the Company hereunder are subject to the fulfillment, prior to or at or before the ClosingClosing Date, unless waived in writing by the Company, of each of the following conditions (all or any of which may be waived in whole or in part by the Company in its sole discretion):conditions:
Appears in 1 contract
Conditions to Obligations of the Company. The Company’s obligations of the Company hereunder are subject to the fulfillment, at on or before prior to the applicable Closing, of each all of the following conditions (all or conditions, any of which may be waived in whole or in part by the Company in its sole discretion):Company:
Appears in 1 contract
Samples: Credit Agreement (Amyris, Inc.)
Conditions to Obligations of the Company. The obligations of the Company hereunder are shall be subject to the fulfillment, fulfillment prior to or at or before the Closing, of each of the following conditions (all or any conditions, subject to the right of which may be waived in whole or in part by the Company in its sole discretion):to waive any such conditions:
Appears in 1 contract
Conditions to Obligations of the Company. The obligations of the Company hereunder to consummate the transactions contemplated hereby are subject to the fulfillmentsatisfaction, at on or before the ClosingClosing Date, of each of the following conditions (all or any conditions, each of which may be waived in whole or in part by at the Company in its sole discretion):option of the Company:
Appears in 1 contract
Samples: Securities Purchase Agreement (Isis Pharmaceuticals Inc)
Conditions to Obligations of the Company. The obligations of the Company hereunder are to consummate the transactions contemplated hereby shall be subject to the fulfillment, at or before prior to the Closing, of each of the following conditions (all or conditions, any of which may be waived in whole or in part writing by the Company in its sole discretion)::
Appears in 1 contract
Conditions to Obligations of the Company. The obligations of the Company to issue and deliver to the Subscribers the Company Shares to be issued and delivered hereunder are subject to the fulfillment, at or before prior to the Closing, of each of the following conditions (all or any of which may be waived in whole or in part by the Company in its sole discretionCompany):
Appears in 1 contract
Conditions to Obligations of the Company. The obligations of the Company hereunder are subject to the fulfillmentfulfillment or satisfaction, at or before on and as of the ClosingClosing Date, of each of the following conditions (all any one or any more of which may be waived in whole or in part by the Company Company, but only in its sole discretiona writing signed by the Company):
Appears in 1 contract
Samples: Agreement and Plan of Merger (Transaction Systems Architects Inc)
Conditions to Obligations of the Company. (a) The obligations of the Company hereunder to consummate the transactions contemplated hereby are subject to the fulfillment, at or before prior to the Closing, of each of the following conditions (all or any of which may be waived in whole or in part by the Company in its sole discretion):
Appears in 1 contract
Conditions to Obligations of the Company. The obligations of the Company hereunder at each Closing are subject to the fulfillment, at on or before the prior to each Closing, of each all of the following conditions (all or conditions, any of which may be waived in whole or in part by the Company in its sole discretion):Company:
Appears in 1 contract
Samples: Securities Purchase Agreement (Athena Bitcoin Global)
Conditions to Obligations of the Company. The In addition to any other condition herein described as a condition to the obligations of the Company hereunder under this Agreement, the obligations of the Company under this Agreement are subject subject, in the discretion of the Company, to the fulfillment, satisfaction at or before prior to the Closing, Closing Date of each of the following conditions (all or any of which may be waived in whole or in part by the Company in its sole discretion):conditions:
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Bryan College Station Financial Holding Co)
