Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment or the Company’s waiver, at or prior to the Closing, of each of the following conditions:
Appears in 60 contracts
Samples: Securities Purchase Agreement (Neuraxis, INC), Securities Purchase Agreement (Neuraxis, INC), Securities Purchase Agreement (Neuraxis, INC)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment or the Company’s waiverfulfillment, at or prior to the Closing, of each of the following conditions, any of which may be waived in writing by the Company in its sole discretion:
Appears in 31 contracts
Samples: Agreement and Plan of Merger (SomaLogic, Inc.), Subscription Agreement (Viridian Therapeutics, Inc.\DE), Agreement and Plan of Merger (Veritone, Inc.)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment or the Company’s waiver, at or prior to or at the Closing, of each of the following conditions:
Appears in 27 contracts
Samples: Share Exchange Agreement (ECO Integrated Technologies, Inc.), Share Exchange Agreement (Feigeda Electronic Technology, Inc.), Share Exchange Agreement (China Century Dragon Media, Inc.)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment or the Company’s written waiver, at or prior to the Closing, of each of the following conditions:
Appears in 26 contracts
Samples: Share Purchase Agreement (Biolife Solutions Inc), Share Purchase Agreement (Biolife Solutions Inc), Stock Purchase Agreement
Conditions to Obligations of the Company. The All of the obligations of the Company to consummate the transactions contemplated by this Agreement shall be are subject to the fulfillment or and satisfaction of each and every of the Company’s waiver, at following conditions on or prior to the Closing, any or all of each of which may be waived in whole or in part by the following conditionsCompany:
Appears in 26 contracts
Samples: Investment Agreement (Ariel Way Inc), Purchase Agreement (Encompass Group Affiliates, Inc), Investment Agreement (Torrent Energy Corp)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment or the Company’s waiver, at on or prior to the Closing, Closing Date of each of the following conditions:
Appears in 22 contracts
Samples: Securities Purchase Agreement (Brigham Exploration Co), Securities Purchase Agreement (Brigham Exploration Co), Securities Purchase Agreement (Credit Suisse First Boston/)
Conditions to Obligations of the Company. The obligations of the Company to consummate the Merger and the other transactions contemplated by this Agreement shall be subject to the satisfaction, fulfillment or written waiver by the Company’s waiver, at or prior to the Closing, of each of the following conditions:
Appears in 21 contracts
Samples: Agreement and Plan of Merger and Reorganization (Turnstone Biologics Corp.), Agreement and Plan of Merger, Agreement and Plan of Merger (Nextgen Healthcare, Inc.)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement hereby shall be subject to the fulfillment satisfaction or the Company’s waiver, waiver at or prior to the Closing, Closing of each of the following conditions:
Appears in 16 contracts
Samples: Registration Rights Agreement (Xo Communications Inc), Stock Purchase Agreement (Nm Acquisition Corp), And Restated Purchase Agreement (McLeodusa Inc)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment or the Company’s 's waiver, at or prior to the Closing, of each of the following conditions:
Appears in 10 contracts
Samples: Agreement and Plan of Merger (Body & Mind Inc.), Agreement and Plan of Merger (Item 9 Labs Corp.), Securities Subscription & Purchase Agreement (Cannabis Global, Inc.)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be are subject to the fulfillment or the Company’s waiver, at satisfaction on or prior to the Closing, of each Closing of the following conditions, unless waived by the Company:
Appears in 9 contracts
Samples: Securities Purchase Agreement (Viper Networks Inc), Securities Merger Agreement (Viper Networks Inc), Securities Merger Agreement (Viper Networks Inc)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be are further subject to the fulfillment satisfaction (or written waiver by the Company’s waiver, ) at or prior to the Closing, of each Closing of the following conditions:
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Leo Holdings Corp. II), Agreement and Plan of Merger (Software Acquisition Group Inc. III), Agreement and Plan of Merger (Leo Holdings III Corp.)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be are subject to the fulfillment satisfaction on or before the Company’s waiver, at or prior to the Closing, date of each Closing of the following conditions, unless waived by the Company:
Appears in 8 contracts
Samples: Agreement and Plan of Reorganization (Bco Hydrocarbon LTD), Agreement and Plan of Reorganization (China Shoe Holdings, Inc.), Agreement and Plan of Reorganization (GD Conference Center, Inc)
Conditions to Obligations of the Company. The obligations obligation of the Company to consummate this Agreement and the transactions contemplated by this Agreement shall be hereby is subject to the fulfillment or the Company’s waiverfulfillment, at or prior to or at the Closing, of each of the following conditionsconditions precedent:
Appears in 8 contracts
Samples: Stock and Warrant Purchase Agreement (United States Basketball League Inc), Stock and Warrant Purchase Agreement (Agro Capital Management Corp.), Stock and Warrant Purchase Agreement (Agro Capital Management Corp.)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be are subject to the fulfillment or the Company’s waiverfulfillment, at or prior to before the ClosingClosing Date, of each of the following conditions, any one or more of which may be waived by the Company in its sole discretion:
Appears in 7 contracts
Samples: Securities Exchange Agreement (Brookmount Explorations Inc), Share Exchange Agreement (Pineapple Express, Inc.), Share Exchange Agreement (Content Checked Holdings, Inc.)
Conditions to Obligations of the Company. The obligations obligation of the Company to consummate the transactions contemplated by this Agreement shall be is subject to the fulfillment or the Company’s waiverfulfillment, at or prior to the Closing, of each of the following additional conditions:
Appears in 7 contracts
Samples: Formation and Separation Agreement (Platinum Underwriters Holdings LTD), Formation and Separation Agreement (Platinum Underwriters Holdings LTD), Formation and Separation Agreement (Platinum Underwriters Holdings LTD)
Conditions to Obligations of the Company. The obligations obligation of the Company to consummate effect the transactions contemplated by this Agreement shall be Agreement, including the Merger, is subject to the fulfillment satisfaction or waiver by the Company’s waiver, at Company on or prior to the ClosingClosing Date, of each of the following additional conditions:
Appears in 7 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (FOHG Holdings, LLC), Agreement and Plan of Merger (Frederick's of Hollywood Group Inc /Ny/)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by under this Agreement shall be are subject to the fulfillment or the Company’s waiver, at on or prior to the Closing, Closing of each of the following conditions, unless otherwise waived:
Appears in 7 contracts
Samples: Restricted Common Stock Purchase Agreement (Connetics Corp), Common Stock Purchase Agreement (Bay City Capital Management LLC), Restricted Common Stock Purchase Agreement (Connetics Corp)
Conditions to Obligations of the Company. The obligations obligation of the Company to consummate the transactions contemplated by in this Agreement shall be is subject to the fulfillment or the Company’s waiver, satisfaction at or prior to the Closing, of each Closing Date of the following conditions, any or all of which may be waived by the Company, in whole or in part, to the extent permitted by applicable Law:
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Battle Mountain Gold Exploration Corp.), And Restated Agreement and Plan of Merger (Royal Gold Inc), Agreement and Plan of Merger (Quovadx Inc)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment or the Company’s waiver, at or prior to or at the Closing, of each of the following conditions:
Appears in 6 contracts
Samples: Share Exchange Agreement (AXIOM III, Inc.), Share Exchange Agreement (Physical Spa & Fitness Inc), Share Exchange Agreement (Nova International Films Inc)
Conditions to Obligations of the Company. The obligations obligation of the Company to consummate the transactions contemplated by this Agreement hereby shall be subject to the fulfillment or the Company’s waiver, at on or prior to the Closing, of each Closing Date of the following conditions, any or all of which may be waived by the Company:
Appears in 6 contracts
Samples: Securities Purchase Agreement (First Union Real Estate Equity & Mortgage Investments), Note Purchase Agreement (Hawaiian Holdings Inc), Note Purchase Agreement (Hershfield Lawrence)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment or the Company’s waiver, at or prior to the Closing, of each of the following conditions:
Appears in 6 contracts
Samples: Contribution Agreement (Odyssey Group International, Inc.), Agreement and Plan of Merger (Foster L B Co), Stock Purchase Agreement (Imperial Bancorp)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall will be further subject to the fulfillment satisfaction or the Company’s waiver, waiver at or prior to the Closing, of each Closing of the following conditions:
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Westland Development Co Inc), Agreement and Plan of Merger (Westland Development Co Inc), Agreement and Plan of Merger (Westland Development Co Inc)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be to take place at the Closing are subject to the fulfillment satisfaction or the Company’s waiverwaiver by it, at or prior to the Closing, of each of the following conditions:
Appears in 5 contracts
Samples: Form of Contribution Agreement (Tele Communications Inc /Co/), Contribution Agreement (Tci Music Inc), Contribution Agreement (Tci Music Inc)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by under this Agreement shall be are subject to the fulfillment or satisfaction (or, if permitted by law, waiver in writing by the Company’s waiver), at on or prior to the ClosingClosing Date, of each of the following conditions:
Appears in 5 contracts
Samples: Subscription Agreement (LumiraDx LTD), Subscription Agreement (Exscientia LTD), Subscription Agreement (Immunocore Holdings PLC)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be with the Subscriber are subject to the fulfillment satisfaction or the Company’s waiver, at or prior to the Closing, of each of the following conditions:
Appears in 5 contracts
Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment or the Company’s waiverfulfillment, at or prior to the ClosingEffective Time, of each of the following conditions:
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Omni Bio Pharmaceutical, Inc.), Agreement and Plan of Merger and Reorganization (Silicon Graphics Inc /Ca/), Agreement and Plan of Merger and Reorganization (Nu Skin Enterprises Inc)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement at the Closing shall be subject to the fulfillment or the Company’s waiver, at or prior to the ClosingClosing Date, of each of the following conditions:
Appears in 5 contracts
Samples: Stock Purchase Agreement (Yunhong Green Cti Ltd.), Stock Purchase Agreement (Yunhong Green Cti Ltd.), Stock Purchase Agreement (Yunhong CTI Ltd.)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement Transactions shall be subject to the fulfillment or the Company’s waiverfulfillment, at or prior to the Closing, of each of the following conditions, any of which may be waived in writing by the Company in its sole discretion:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Perkinelmer Inc), Agreement and Plan of Merger (Rubicon Project, Inc.), Arrangement Agreement (Rubicon Project, Inc.)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by under this Agreement shall be further subject to the fulfillment satisfaction or waiver by the Company’s waiver, Company at or prior to the Closing, of each Closing of the following conditions:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Harland John H Co), Agreement and Plan of Merger (World Air Holdings, Inc.), Agreement and Plan of Merger (Global Aero Logistics Inc.)
Conditions to Obligations of the Company. The obligations obligation of the Company to consummate the transactions transaction contemplated by this Agreement hereby shall be subject to the fulfillment or the Company’s waiver, at on or prior to the Closing, of each Closing Date of the following conditions:
Appears in 4 contracts
Samples: Securities Purchase Agreement (Newkirk Realty Trust, Inc.), Securities Purchase Agreement (First Union Real Estate Equity & Mortgage Investments), Securities Purchase Agreement (First Union Real Estate Equity & Mortgage Investments)
Conditions to Obligations of the Company. The obligations obligation of the Company to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment satisfaction or the Company’s waiver, waiver at or prior to the Closing, of each Closing of the following additional conditions:
Appears in 4 contracts
Samples: Agreement And (Aperian Inc), Agreement and Plan of Merger (Craig Kevin P), Agreement and Plan of Merger (Sygnet Wireless Inc)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by under this Agreement shall be are subject to the fulfillment or the Company’s waiver, at on or prior to the Closing, Closing of each of the following conditions, unless otherwise waived by the Company:
Appears in 4 contracts
Samples: Shares Purchase Agreement (Insignia Solutions PLC), Shares Purchase Agreement (Insignia Solutions PLC), Common Stock Purchase Agreement (Persistence Software Inc)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment or the Company’s waiver, at or prior to the Closing, of each of the following conditions:
Appears in 4 contracts
Samples: Assignment and Exchange Agreement (Adhera Therapeutics, Inc.), Assignment and Exchange Agreement (Biodexa Pharmaceuticals PLC), Assignment Agreement (Xenetic Biosciences, Inc.)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by under this Agreement shall be further subject to the fulfillment satisfaction or the Company’s waiver, waiver at or prior to the Closing, of each Closing of the following conditions:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Freescale Semiconductor Inc), Agreement and Plan of Merger (Freescale Semiconductor Inc), Agreement and Plan of Merger (Boston Acoustics Inc)
Conditions to Obligations of the Company. The obligations of the Company to effect the Merger and to consummate the other transactions contemplated by this Agreement shall be at and following the Closing are further subject to the fulfillment following conditions, any one or more of which may be waived by the Company’s waiver, at or prior to the Closing, of each of the following conditions:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (America First Apartment Investors Inc), Agreement and Plan of Merger (Commerce Group Inc /Ma), Agreement and Plan of Merger (American Power Conversion Corporation)
Conditions to Obligations of the Company. The obligations obligation of the Company to consummate the transactions contemplated by perform this Agreement shall be is subject to the fulfillment or the Company’s waiver, at or prior to the Closing, of each satisfaction of the following conditions:conditions on or before the Closing unless waived in writing by the Company.
Appears in 4 contracts
Samples: Share Exchange Agreement (Gulf & Orient Steamship Company, Ltd.), Share Exchange Agreement (Geo Point Resources, Inc.), Share Exchange Agreement (TORtec Group Corp)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be are subject to the fulfillment or the Company’s waiver, at or prior to the Closing, Effective Time of each of the following additional conditions, any or all of which may be waived in whole or part by the Company, to the extent permitted by applicable law:
Appears in 3 contracts
Samples: Reorganization Agreement (Pixelworks Inc), Agreement and Plan of Reorganization (Triquint Semiconductor Inc), Agreement and Plan of Merger (Pixelworks Inc)
Conditions to Obligations of the Company. The obligations of the Company to consummate effect the transactions contemplated by this Agreement hereby shall be subject to the fulfillment or the Company’s waiver, at or prior to the Closing, Closing of each of the following additional conditions:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Administaff Inc \De\), Securities Purchase Agreement (Hybrid Networks Inc), Securities Purchase Agreement (Hybrid Networks Inc)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be are subject to the fulfillment or waiver on or before the Company’s waiver, at or prior to the Closing, of each Closing Date of the following conditions:
Appears in 3 contracts
Samples: Stock Redemption Agreement (Tidel Technologies Inc), Stock Redemption Agreement (Tidel Technologies Inc), Stock Repurchase Agreement (Cet Services Inc)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment or the Company’s waiverfulfillment, at or prior to the Closing, of each of the following conditions:
Appears in 3 contracts
Samples: Securities Purchase Agreement (Saratoga Beverage Group Inc), Subscription Agreement (Careinsite Inc), Securities Purchase Agreement (Quietpower Systems Inc)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be are subject to the fulfillment satisfaction or the Company’s waiver, at or prior to the Closing, of each Closing of the following conditions:
Appears in 3 contracts
Samples: Subscription Agreement (Dana Corp), Investment Agreement (Appaloosa Management Lp), Investment Agreement (Williams Communications Group Inc)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be are subject to the fulfillment or the Company’s waiver, at or prior to the Closing, Effective Time of each of the following conditions, any or all of which may be waived in whole or in part by the Company to the extent permitted by applicable Law:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Tele Communications Inc /Co/), Agreement and Plan of Merger (At&t Corp), Agreement and Plan of Merger (At&t Corp)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by under this Agreement shall be are subject to the fulfillment or the Company’s waiverfulfillment, at or prior to the ClosingClosing Date, of each of the following conditionsconditions precedent, each of which may be waived in writing in the sole discretion of the Company:
Appears in 3 contracts
Samples: Asset Purchase Agreement (Healthgate Data Corp), Asset Purchase Agreement (Geac Computer Systems Inc), Intellectual Property Rights Purchase Agreement (Geac Computer Systems Inc)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be to occur at the Closing are, at its option, subject to the fulfillment or the Company’s waiver, at or prior to the Closing, satisfaction of each of the following conditions:
Appears in 3 contracts
Samples: Purchase Agreement (Sinclair Broadcast Group Inc), Purchase Agreement (Sinclair Broadcast Group Inc), Purchase Agreement (Ackerley Group Inc)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by under this Agreement shall be are subject to the fulfillment fulfillment, or waiver by the Company’s waiver, at or prior to the Closing, of each of the following conditionsconditions of the Purchasers purchasing shares at such Closing, on or before such Closing:
Appears in 3 contracts
Samples: And Warrant Purchase Agreement, And Warrant Purchase Agreement (Visterra, Inc.), And Warrant Purchase Agreement (Visterra, Inc.)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement Transactions shall be subject to the fulfillment or the Company’s written waiver, at or prior to the Closing, of each of the following conditions:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Allergan Inc), Agreement and Plan of Merger (Davita Inc), Agreement and Plan of Merger (Allergan Inc)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall will be subject to the fulfillment or the Company’s waiver, at or prior to the Closing, Closing of each of the following conditions:
Appears in 3 contracts
Samples: Asset Purchase Agreement (LCC International Inc), Asset Purchase Agreement (Arris Group Inc), Asset Purchase Agreement (Agco Corp /De)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be are further subject to the fulfillment satisfaction (or the Company’s waiver, ) at or prior to the Closing, of each Closing of the following conditions:
Appears in 3 contracts
Samples: Inducement Agreement (Liveplex Co., Ltd.), Subscription Agreement (Steinway Musical Instruments Inc), Subscription Agreement (Samick Musical Instruments Co, Ltd.)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement Transactions shall be subject to the fulfillment fulfillment, or written waiver by the Company’s waiver, at or prior to the Closing, Closing of each of the following conditions:
Appears in 3 contracts
Samples: Interest Purchase Agreement (Endeavour International Corp), Purchase and Sale Agreement (BPK Resources Inc), Purchase and Sale Agreement (Endeavour International Corp)
Conditions to Obligations of the Company. The obligations obligation of the Company to consummate effect the transactions contemplated by this Agreement shall be Agreement, including the Merger, is subject to the fulfillment satisfaction or waiver by the Company’s waiver, Company at or prior to the Closing, of each of the following additional conditions:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Mediacom Communications Corp), Agreement and Plan of Merger (Cablevision Systems Corp /Ny), Agreement and Plan of Merger (Cablevision Systems Corp /Ny)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by under this Agreement shall be are subject to the fulfillment fulfillment, or the waiver in writing by the Company’s waiver, at or prior to the Closing, of each of the following conditionsconditions set forth in this Section 4.2 on or before the Closing Date:
Appears in 3 contracts
Samples: Note and Common Stock Purchase Agreement (Nutrastar International Inc.), Note and Common Stock Purchase Agreement (Nutrastar International Inc.), Note and Warrant Purchase Agreement (Virtual Piggy, Inc.)
Conditions to Obligations of the Company. The obligations of the ---------------------------------------- Company to consummate the transactions contemplated by under this Agreement shall be are subject to the fulfillment or satisfaction of the Company’s waiver, at following conditions on or prior to the ClosingClosing Date, any of each of which may be waived in whole or in part by the following conditionsCompany:
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Tsi International Software LTD), Preferred Stock Purchase Agreement (Tsi International Software LTD)
Conditions to Obligations of the Company. The obligations obligation of the Company to consummate the transactions contemplated by this Agreement hereby shall be subject to the fulfillment or the Company’s waiver, at on or prior to the Closing, of each Closing Date of the following conditions, any or all of which may be waived by the Company, in whole or in part, to the extent permitted by applicable Law:
Appears in 2 contracts
Samples: Convertible Note Purchase Agreement (Premier Exhibitions, Inc.), Convertible Note Purchase Agreement (Sellers Capital LLC)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment or the Company’s waiver, at or prior to the Closing, of each of the following conditions:: (a)
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Magellan Health Services Inc), Agreement and Plan of Merger (Magellan Health Services Inc)
Conditions to Obligations of the Company. The obligations of the Company to consummate this Agreement and the transactions contemplated by this Agreement shall be hereby are subject to the fulfillment or the Company’s waiverfulfillment, at or prior to or at the Closing, of each of the following conditionsconditions precedent:
Appears in 2 contracts
Samples: Asset Purchase Agreement (Oneworld Systems Inc), Asset Purchase Agreement (Boca Research Inc)
Conditions to Obligations of the Company. The obligations obligation of the Company to consummate this Agreement and the transactions contemplated by this Agreement shall be hereby is subject to the fulfillment or the Company’s waiverfulfillment, at or prior to the or at each Closing, of each of the following conditionsconditions precedent:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Raptor Networks Technology Inc), Stock Purchase Agreement (Lantis Laser Inc.)
Conditions to Obligations of the Company. The obligations obligation of the Company to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment satisfaction (or waiver by the Company’s waiver, at ) on or prior to the Closing, of each Closing Date of the following conditions:
Appears in 2 contracts
Samples: Subscription Agreement (Hanover Compression Inc), Subscription Agreement (Hanover Compression Inc)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be are subject to the fulfillment or the Company’s waiver, at or prior to the Closing, Effective Time of each of the following conditions, any or all of which may be waived in whole or in part by the Company to the extent permitted by applicable law:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Asahi America Inc), Agreement and Plan of Merger (Digital Systems International Inc)
Conditions to Obligations of the Company. The obligations obligation of the Company to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment satisfaction or the Company’s waiver, at waiver on or prior to the Closing, of each Closing Date of the following conditions:
Appears in 2 contracts
Samples: Subscription Agreement (Hanover Compression Inc), Subscription Agreement (Hanover Compression Inc)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by under this Agreement shall be are subject to the fulfillment or the Company’s waiver, at or prior to the Closing, of each Closing of the following conditions:
Appears in 2 contracts
Samples: Exhibit 1 (Codinvest LTD), Stock Purchase Agreement (Computer Integration Corp)
Conditions to Obligations of the Company. The obligations obligation of the Company to consummate this Agreement and the transactions contemplated by this Agreement shall be hereby is subject to the fulfillment (or waiver by the Company’s waiver), at or prior to or at the Closing, of each of the following conditionsconditions precedent:
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Affiliated Managers Group Inc), Agreement and Plan of Reorganization (Affiliated Managers Group Inc)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be at the Closing are subject to the fulfillment satisfaction or the Company’s waiver, at on or prior to the ClosingClosing Date, of each of the following conditions:
Appears in 2 contracts
Samples: Conversion Agreement (Aspect Communications Corp), Conversion Agreement (Aspect Communications Corp)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment or the Company’s waiverwaiver in writing, at or prior to the Closing, of each of the following conditions:
Appears in 2 contracts
Samples: Asset Purchase Agreement (Ideanomics, Inc.), Asset Purchase Agreement (Ideanomics, Inc.)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be are subject to the fulfillment satisfaction or waiver by the Company’s waiver, Company in writing (if permitted by applicable Law) at or prior to the Closing, Closing of each of the following conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Skillsoft Corp.), Agreement and Plan of Merger (EDGEWELL PERSONAL CARE Co)
Conditions to Obligations of the Company. The obligations of the Company to consummate and effect this Agreement and the transactions contemplated by this Agreement hereby shall be subject to the fulfillment or the Company’s waiver, satisfaction at or prior to the Closing, Closing Date of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Digital Music Group, Inc.), Agreement and Plan of Reorganization (Digital Music Group, Inc.)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement at the applicable Closing shall be subject to the fulfillment or the Company’s waiver, at or prior to the Closingcorresponding Closing Date, of each of the following conditions:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Cti Industries Corp), Registration Rights Agreement (Uqm Technologies Inc)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment or the Company’s waiverfulfillment, at or prior to the Closing, Closing Date of each of the following conditions:
Appears in 2 contracts
Samples: Asset Purchase Agreement (Phoenix Preschool Holdings Inc), Asset Purchase Agreement (Phoenix Preschool Holdings Inc)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall will be subject to the fulfillment or the Company’s waiver, at or prior to the Closing, Closing of each of the following additional conditions:, unless waived (to the extent such conditions can be waived, by the Company):
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Nauticus Robotics, Inc.), Agreement and Plan of Merger (KAR Auction Services, Inc.)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment or the Company’s waiverwaiver thereof, at or prior to the Closing, of each of the following conditions:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Hunt Companies Finance Trust, Inc.), Securities Purchase Agreement (Five Oaks Investment Corp.)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment or the Company’s waiver, at on or prior to the Closing, of each Closing Date of the following additional conditions, any one or more of which may be waived by the Company in its sole discretion:
Appears in 2 contracts
Samples: Agreement (HowStuffWorks, Inc.), And (Howstuffworks Inc)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by under this Agreement shall be are subject to the fulfillment fulfillment, or waiver by the Company’s waiver, at or prior to the Closing, of each of the following conditionsconditions of the Purchasers purchasing shares at any Closing, on or before such Closing:
Appears in 2 contracts
Samples: Voting Agreement (Visterra, Inc.), Voting Agreement (Visterra, Inc.)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be are subject to the fulfillment or the Company’s waiver, at or prior to before the ClosingClosing Date, of each of the following conditions:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Xo Holdings Inc), Stock Purchase Agreement (Icahn Carl C Et Al)
Conditions to Obligations of the Company. The obligations obligation of the Company to consummate the transactions Closing as contemplated by this Agreement shall be is subject to the fulfillment or the Company’s waiverfulfillment, at or prior to before the Closing, of each of the following conditions:conditions (all or any of which may be waived in whole or in part by the Company in its sole discretion):
Appears in 2 contracts
Samples: Share Purchase Agreement, Share Purchase Agreement (GCL Silicon Technology Holdings Inc.)
Conditions to Obligations of the Company. The Company’s obligations of the Company to consummate the transactions contemplated by this Agreement shall be hereby are subject to the fulfillment or the Company’s waiversatisfaction, at or prior to or on the ClosingClosing Date, of each of the following conditions; provided that these conditions are for the Company’s sole benefit and may be waived only by the Company at any time in its sole discretion by providing the Shareholder with prior written notice thereof:
Appears in 2 contracts
Samples: Repurchase and Debt Satisfaction Agreement, Stock Repurchase And (Power Solutions International, Inc.)
Conditions to Obligations of the Company. The obligations obligation of the Company to consummate the transactions contemplated by this Agreement hereby shall be subject to the fulfillment or the Company’s waiver, at or prior to the Closing, of each Closing of the following additional conditions:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Atkore International Group Inc.), Agreement and Plan of Merger (Verizon Communications Inc)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment fulfilment or the Company’s 's waiver, at or prior to the Closing, of each of the following conditions:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Cel Sci Corp), Securities Purchase Agreement (Cel Sci Corp)
Conditions to Obligations of the Company. The obligations obligation of the ---------------------------------------- Company to consummate this Agreement and the transactions contemplated by this Agreement shall be hereby is subject to the fulfillment or the Company’s waiverfulfillment, at or prior to or at the Closing, of each of the following conditionsconditions precedent:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Mac-Gray Corp), Stock Purchase Agreement (Boston Properties Inc)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be are subject to the fulfillment or the Company’s waiverfulfillment, at or prior to or at the Closing, of each of the following conditionsconditions precedent:
Appears in 2 contracts
Samples: Stockholders Agreement (Aironet Wireless Communications Inc), Subscription Agreement (Telxon Corp)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement hereby shall be subject to the fulfillment or the Company’s waiver, at or prior to the Closing, Closing of each of the following additional conditions, any of which, if not fulfilled, may be waived by the Company:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Aramark), Agreement and Plan of Merger (Nordson Corp)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement Transactions shall be subject to the fulfillment or the Company’s waiver, at or prior to the Closing, of each of the following conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (GLAUKOS Corp), Securities Purchase Agreement (Peak Resorts Inc)
Conditions to Obligations of the Company. The obligations obligation of the Company to consummate the transactions contemplated by this Agreement shall be further subject to the fulfillment satisfaction or the Company’s waiver, waiver at or prior to the Closing, of each Closing Date of the following conditions:
Appears in 2 contracts
Samples: Debt Restructuring Agreement (Hungarian Telecom LP), Debt Restructuring Agreement (Invitel Holdings a/S)
Conditions to Obligations of the Company. The obligations obligation of the Company to consummate the transactions contemplated hereby and by this Agreement the Ancillary Agreements shall be subject to the fulfillment (or waiver by the Company’s waiver), at on or prior to the Closingeach Closing Date, of each of the following additional conditions, which the Purchasers agree to use their reasonable best efforts to cause to be fulfilled:
Appears in 2 contracts
Samples: Stock Purchase Agreement (CDR Cookie Acquisition LLC), Stock Purchase Agreement (Complete Business Solutions Inc)
Conditions to Obligations of the Company. The obligations In addition to the conditions set forth in Section 4.1, the obligation of the Company to consummate the transactions contemplated by this Agreement shall be and the Transactions are subject to the fulfillment or the Company’s waiverfulfillment, at or prior to the Closing, of each of the following conditionsadditional conditions precedent:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Film Roman Inc), Stock Purchase Agreement (Idt Corp)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement hereby shall be subject to the fulfillment or the Company’s waiver, at or prior to the Closing, Closing of each of the following additional conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (PRGX Global, Inc.), Agreement and Plan of Merger (Roper Industries Inc /De/)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be are subject to the fulfillment satisfaction or waiver by the Company’s waiver, at or prior to the Closing, of each of the following conditions:
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment or the Company’s 's waiver, at or prior to the Closing, of each of the following conditions:
Appears in 2 contracts
Samples: Merger Agreement (Bluephoenix Solutions LTD), Agreement and Plan of Merger (Bluephoenix Solutions LTD)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by under this Agreement shall be are subject to the fulfillment fulfillment, or waiver by the Company’s waiver, at or prior to the Closing, of each of the following conditionsconditions of the Purchasers on or before the Closing:
Appears in 2 contracts
Samples: Purchase Agreement (Cerulean Pharma Inc.), Purchase Agreement (Cerulean Pharma Inc.)
Conditions to Obligations of the Company. The obligations obligation of ---------------------------------------- the Company to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment satisfaction or the Company’s waiver, waiver at or prior to the Closing, of each Closing of the following additional conditions:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Jacobs Engineering Group Inc /De/)
Conditions to Obligations of the Company. The obligations obligation of the Company to consummate the transactions contemplated by this Agreement shall be is subject to the fulfillment or the Company’s waiversatisfaction, at or prior to or at the Closing, of each of the following conditions, unless waived by Company:
Appears in 1 contract
Samples: Asset Purchase Agreement (Alloy Inc)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement hereby shall be subject to the fulfillment (or waiver by the Company’s waiver, ) at or prior to the Closing, Closing of each of the following additional conditions:
Appears in 1 contract
Conditions to Obligations of the Company. The obligations of the Company to consummate effect the transactions contemplated by this Agreement shall be are subject to the fulfillment or the Company’s waiversatisfaction, at or prior to the Closing, of each of the following conditionsconditions unless waived in writing, in whole or in part, in writing by the Company:
Appears in 1 contract
Samples: Agreement and Plan of Merger (NCS Multistage Holdings, Inc.)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment or the Company’s waiver, at or prior to the Closing, of each Closing of the additional following conditions, unless waived by the Company:
Appears in 1 contract
Samples: Preferred Stock and Warrant Purchase Agreement (SLM International Inc /De)
Conditions to Obligations of the Company. The obligations of the Company to consummate perform the transactions contemplated by this Agreement shall to be performed by it are subject to the fulfillment or the Company’s waiversatisfaction, at contemporaneously with, or prior to to, the Closing, of each of the following conditions:additional conditions (all or any of which may be waived in whole or in part by the Company):
Appears in 1 contract
Samples: Agreement and Plan of Merger (Neodata Services Inc)
Conditions to Obligations of the Company. The obligations obligation of the Company to consummate the transactions contemplated by this Agreement shall be is expressly subject to the fulfillment or express written waiver of the Company’s waiver, at following conditions on or prior to the Closing, of each of the following conditionsClosing Date:
Appears in 1 contract
Conditions to Obligations of the Company. The obligations of the Company to consummate this Agreement and the transactions contemplated by this Agreement shall be hereby are subject to the fulfillment (or waiver by the Company’s waiver), at or prior to or at the Closing, of each of the following conditionsconditions precedent:
Appears in 1 contract
Samples: Agreement and Plan of Merger (American Media Operations Inc)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be are subject to the fulfillment or the Company’s waiver, at or prior to the Closing, Closing Date of each of the following additional conditions, any or all of which may be waived in whole or part by the board of directors of Company to the extent permitted by applicable law:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Strategic Diagnostics Inc/De/)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement shall be are subject to the fulfillment satisfaction on or before the Company’s waiver, at or prior to the Closing, date of each Closing of the following conditionsconditions unless waived by the Company:
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Silverhill Management Services Inc)
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement to occur at each Closing shall be subject to the fulfillment or the Company’s waiver, at or prior to the relevant Closing, of each of the following conditions:
Appears in 1 contract
Conditions to Obligations of the Company. The obligations obligation of the Company to consummate the transactions contemplated by this Agreement shall be is subject to the fulfillment fulfillment, on or before the Company’s waiverClosing Date, at or prior to the Closing, of each of the following conditions, any one or more of which may be waived by the Company and the Representative:
Appears in 1 contract
Conditions to Obligations of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement Transactions shall be subject to the fulfillment or the Company’s waiver, at or prior to the Closing, of each of the following conditions:
Appears in 1 contract
