Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissible) of the following additional conditions:
Appears in 116 contracts
Samples: Agreement and Plan of Merger (Axonics, Inc.), Agreement and Plan of Merger (Boston Scientific Corp), Agreement and Plan of Merger (Apollo Endosurgery, Inc.)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissible) of the following additional further conditions:
Appears in 102 contracts
Samples: Agreement and Plan of Merger (Kraton Corp), Agreement and Plan of Merger (Cable One, Inc.), Agreement and Plan of Merger (Sportsman's Warehouse Holdings, Inc.)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger Transactions, including the Merger, are subject to the satisfaction or waiver (where permissible) at or prior to Closing of the following additional conditions:
Appears in 42 contracts
Samples: Business Combination Agreement (Mobix Labs, Inc), Business Combination Agreement (Perception Capital Corp. III), Business Combination Agreement (Roth CH Acquisition v Co.)
Conditions to the Obligations of the Company. The obligations obligation of the Company to consummate consummate, or cause to be consummated, the Merger are is subject to the satisfaction or waiver (where permissible) of the following additional conditions, any one or more of which may be waived in writing by the Company:
Appears in 33 contracts
Samples: Agreement and Plan of Merger (Welsbach Technology Metals Acquisition Corp.), Agreement and Plan of Merger (AltEnergy Acquisition Corp), Agreement and Plan of Merger (BurTech Acquisition Corp.)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction (or waiver (where permissibleby the Company) of the following additional further conditions:
Appears in 31 contracts
Samples: Agreement and Plan of Merger (WillScot Corp), Merger Agreement (Hc2 Holdings, Inc.), Agreement and Plan of Merger (Full Circle Capital Corp)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissible) by the Company on or prior to the Closing Date of the following additional further conditions:
Appears in 23 contracts
Samples: Agreement and Plan of Merger (HMS Holdings Corp), Agreement and Plan of Merger (Supervalu Inc), Agreement and Plan of Merger (Quanex Building Products CORP)
Conditions to the Obligations of the Company. The obligations obligation of the Company to consummate the Merger are is subject to the satisfaction or waiver (where or, to the extent legally permissible, waiver) of the following additional further conditions:
Appears in 20 contracts
Samples: Agreement and Plan of Merger (Chevrontexaco Corp), Employment Agreement (Vfinance Inc), Agreement and Plan of Merger (Symmetricom Inc)
Conditions to the Obligations of the Company. The obligations of the Company to consummate effect the Merger are shall be further subject to the satisfaction or waiver (where permissible) of the following additional conditions, any one or more of which may be waived by the Company:
Appears in 20 contracts
Samples: Agreement and Plan of Merger (First Community Bankshares Inc /Va/), Agreement and Plan of Merger (Randolph Bancorp, Inc.), Agreement and Plan of Merger (Standard AVB Financial Corp.)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or (or, to the extent permissible, waiver (where permissibleby the Company) of the following additional further conditions:
Appears in 20 contracts
Samples: Agreement and Plan of Merger (Victor Technologies Group, Inc.), Agreement and Plan of Merger (Colfax CORP), Agreement and Plan of Merger (Kbw, Inc.)
Conditions to the Obligations of the Company. The obligations obligation of the Company to consummate the Merger are is subject to the satisfaction or waiver (where permissible) of the following additional conditions, any one or more of which may be waived in writing by the Company:
Appears in 20 contracts
Samples: Agreement and Plan of Merger (Tuatara Capital Acquisition Corp), Agreement and Plan of Merger (Tuatara Capital Acquisition Corp), Agreement and Plan of Merger (Tuatara Capital Acquisition Corp)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or (or, to the extent permitted by Applicable Law, waiver (where permissibleby the Company) of the following additional further conditions:
Appears in 15 contracts
Samples: Agreement and Plan of Merger (PAE Inc), Agreement and Plan of Merger (Okta, Inc.), Agreement and Plan of Merger (Chiasma, Inc)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissiblepermissible under applicable Law) of the following additional conditionsconditions at or prior to the Closing Date:
Appears in 13 contracts
Samples: Plan of Merger (Ctrip Investment Holding Ltd.), Plan of Merger (Ocean Imagination L.P.), Agreement and Plan of Merger (Zhang Ray Ruiping)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver in writing (where permissible) as of the Closing of the following additional conditions:
Appears in 12 contracts
Samples: Agreement and Plan of Merger (Transmontaigne Inc), Agreement and Plan of Merger (Ss&c Technologies Inc), Agreement and Plan of Merger (Sequa Corp /De/)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger Mergers are subject to the satisfaction or (or, to the extent permitted by Applicable Law, waiver (where permissibleby the Company) of the following additional further conditions:
Appears in 12 contracts
Samples: Agreement and Plan of Merger (Aon PLC), Agreement and Plan of Merger (Terminix Global Holdings Inc), Agreement and Plan of Merger (Skillz Inc.)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver in writing (where permissible) of the following additional conditions:
Appears in 10 contracts
Samples: Agreement and Plan of Merger (Dendrite International Inc), Agreement and Plan of Merger (Industrial Distribution Group Inc), Agreement and Plan of Merger (Sungard Data Systems Inc)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger Merger, or to permit the consummation of the Merger, are subject to the satisfaction or or, if permitted by applicable Law, waiver (where permissible) of the following additional further conditions:
Appears in 8 contracts
Samples: Agreement and Plan of Merger and Reorganization (Embarcadero Technologies Inc), Agreement and Plan of Merger (Embarcadero Technologies Inc), Agreement and Plan of Merger (QRS Corp)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissible) of the following additional conditions:
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Medical Manager Corp/New/), Agreement and Plan of Merger (Parexel International Corp), Agreement and Plan of Merger (Healtheon Webmd Corp)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissible) by the Company of the following additional further conditions:
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Apac Customer Services, Inc), Agreement and Plan of Merger (Bisys Group Inc), Agreement and Plan of Merger (V F Corp)
Conditions to the Obligations of the Company. The obligations obligation of the Company to consummate the Merger are is subject to the satisfaction or waiver (where permissible) of the following additional further conditions:
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Raven Industries Inc), Agreement and Plan of Merger (CNH Industrial N.V.), Agreement and Plan of Merger (Affymetrix Inc)
Conditions to the Obligations of the Company. The obligations obligation of the Company to consummate the Merger are is subject to the satisfaction or waiver (where permissible) of the following additional conditions:
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Chase Corp), Agreement and Plan of Merger (Chase Corp), Agreement and Plan of Merger (Washington Dennis R)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissibleto the extent permitted by Applicable Law) of the following additional further conditions:
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Globecomm Systems Inc), Agreement and Plan of Merger (RiskMetrics Group Inc), Agreement and Plan of Merger (MSCI Inc.)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger Transactions, including the Mergers, are subject to the satisfaction or waiver (where permissible) at or prior to Closing of the following additional conditions:
Appears in 7 contracts
Samples: Business Combination Agreement and Plan of Reorganization (Jet Token Inc.), Business Combination Agreement and Plan of Reorganization (Oxbridge Acquisition Corp.), Merger Agreement and Plan of Reorganization (Isleworth Healthcare Acquisition Corp.)
Conditions to the Obligations of the Company. The obligations obligation of the Company to consummate the Merger are is subject to the satisfaction or valid waiver (where permissible) of the following additional further conditions:
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Manhattan Pharmaceuticals Inc), Agreement and Plan of Merger (Celldex Therapeutics, Inc.), Agreement and Plan of Merger (Laureate Education, Inc.)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissible) of the following additional further conditions:
Appears in 7 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger, Agreement and Plan of Merger (Time Warner Cable Inc.)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or written waiver (where permissiblepermissible under applicable Law) at or prior to the Effective Time of the following additional conditions:
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Highpower International, Inc.), Agreement and Plan of Merger (Ho Chi Sing), Agreement and Plan of Merger (Perfect World Co., Ltd.)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissible) of the following additional conditions, at or prior to the Effective time:
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Brands Holdings LTD), Agreement and Plan of Merger (Horowitz Seth), Agreement and Plan of Merger (Everlast Worldwide Inc)
Conditions to the Obligations of the Company. The obligations of the -------------------------------------------- Company to consummate the Merger are subject to the satisfaction or waiver (where permissible) of the following additional further conditions:
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Wardlaw William M), Agreement and Plan of Merger (Cb Richard Ellis Services Inc), Agreement and Plan of Merger (Cb Richard Ellis Services Inc)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissible) at or prior to the Effective Time of the following additional conditions:
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Stonemor Inc.), Agreement and Plan of Merger (Synutra International, Inc.), Agreement and Plan of Merger (Full Alliance International LTD)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissiblepermissible under applicable Law) of the following additional conditions:
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Sogou Inc.), Agreement and Plan of Merger (Tencent Holdings LTD), Agreement and Plan of Merger (Sohu.com LTD)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissible) of the following additional conditions:
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Pioneer Natural Resources Co), Agreement and Plan of Merger (Pioneer Natural Resources Co), Agreement and Plan of Merger (Exxon Mobil Corp)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or or, if permitted by applicable Law, waiver (where permissible) of the following additional further conditions:
Appears in 5 contracts
Samples: Agreement and Plan of Merger (General Electric Co), Agreement and Plan of Merger (Target Therapeutics Inc), Agreement and Plan of Merger (Cell Pathways Inc /De)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger and the other Transactions are subject to the satisfaction or written waiver (where permissiblepermissible under applicable Law) at or prior to the Effective Time of the following additional conditions:
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Sequoia Capital China I Lp), Agreement and Plan of Merger (Chiu Na Lai), Agreement and Plan of Merger (Le Gaga Holdings LTD)
Conditions to the Obligations of the Company. The -------------------------------------------- obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissible) of the following additional conditions:
Appears in 5 contracts
Samples: Agreement and Plan of Merger and Reorganization (Cacheflow Inc), Agreement and Plan of Merger and Reorganization (Sonicwall Inc), Agreement and Plan of Merger and Reorganization (Sonicwall Inc)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissible) of the following additional conditions:further conditions (any one of which may be waived in whole or part by the Company):
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Teradyne, Inc), Agreement and Plan of Merger (REVA Medical, Inc.), Agreement and Plan of Merger and Reorganization (Cytyc Corp)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction (or written waiver (where permissible) by the Company, if permissible under Applicable Law), at or prior to the Closing, of the following additional further conditions:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Model N, Inc.), Agreement and Plan of Merger (Doma Holdings, Inc.), Agreement and Plan of Merger (Doma Holdings, Inc.)
Conditions to the Obligations of the Company. The obligations of -------------------------------------------- the Company to consummate the Merger are subject to the satisfaction or waiver (where permissible) of the following additional further conditions:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Fs Equity Partners Iii Lp), Agreement and Plan of Merger (Cbre Holding Inc), Agreement and Plan of Merger (Blum Capital Partners Lp)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction satisfaction, or waiver (where permissible) by the Company, of the following additional further conditions:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Digital Generation, Inc.), Agreement and Plan of Merger (Teva Pharmaceutical Industries LTD), Agreement and Plan of Merger (Teva Pharmaceutical Industries LTD)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger Transactions, including the Merger, are subject to the satisfaction or waiver (where permissible) at or prior to Closing of the following additional conditions:: 66
Appears in 4 contracts
Samples: Merger Agreement and Plan of Reorganization (Progressive Care Inc.), Merger Agreement and Plan of Reorganization (NextPlat Corp), Merger Agreement and Plan of Reorganization (Progressive Care Inc.)
Conditions to the Obligations of the Company. The obligations obligation of the Company to consummate the Merger are shall be further subject to the satisfaction satisfaction, or to the extent not prohibited by Applicable Law, waiver (where permissible) of, as of the Closing each of the following additional conditions:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Fitbit, Inc.), Agreement and Plan of Merger (Astea International Inc), Agreement and Plan of Merger (General Mills Inc)
Conditions to the Obligations of the Company. The obligations obligation of the Company to consummate the Merger are is subject to the satisfaction or waiver (where permissible) of the following additional conditionsfollowing:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Inamed Corp), Agreement and Plan of Merger (iVOW, Inc.), Agreement and Plan of Merger (Crdentia Corp)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger Transactions, including the Merger, are subject to the satisfaction or waiver (where permissible) at or prior to the Closing of the following additional conditions:
Appears in 4 contracts
Samples: Nomination Agreement (DD3 Acquisition Corp. II), Business Combination Agreement (Union Acquisition Corp. II), Business Combination Agreement (New Beginnings Acquisition Corp.)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissiblepermissible under applicable Law) at or prior to the Effective Time of the following additional conditions:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Asv Holdings, Inc.), Agreement and Plan of Merger (Metaldyne Performance Group Inc.), Agreement and Plan of Merger and Reorganization (World Heart Corp)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger Transactions, including the Merger, are subject to the satisfaction or waiver (where permissible) at or prior to the Effective Time of the following additional conditions:
Appears in 4 contracts
Samples: Business Combination Agreement and Plan of Reorganization (DHC Acquisition Corp.), Business Combination Agreement (Galata Acquisition Corp.), Business Combination Agreement and Plan of Reorganization (DHC Acquisition Corp.)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger Transactions, including the Merger, are subject to the satisfaction or written waiver by the Company (where permissible) at or prior to Closing of the following additional conditions:
Appears in 3 contracts
Samples: Business Combination Agreement (Qt Imaging Holdings, Inc.), Business Combination Agreement (Anzu Special Acquisition Corp I), Stockholder Support Agreement (GigCapital5, Inc.)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (waiver, where permissible) , by the Company of the following additional conditions:
Appears in 3 contracts
Samples: Agreement and Plan of Merger And (Wits Basin Precious Minerals Inc), Agreement and Plan of Merger and Reorganization (Citigroup Inc), Agreement and Plan of Merger and Reorganization (St Assembly Test Services LTD)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger merger are subject to the satisfaction or waiver (where or, to the extent legally permissible) of the following additional further conditions:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Atlantic Alliance Partnership Corp.), Agreement and Plan of Merger (Franklin Electronic Publishers Inc), Agreement and Plan of Merger (Saunders Acquisition Corp)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger Mergers and the other transactions contemplated hereby and by the ancillary agreements are subject to the satisfaction or waiver (where permissible) of the following additional further conditions:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Airline Investors Partnership Lp), Agreement and Plan of Merger (Brenneman Gregory D), Agreement and Plan of Merger (Hawaiian Airlines Inc/Hi)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction (or waiver (where permissibleby the Company) of the following additional conditions:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Campbell Soup Co), Agreement and Plan of Merger (Sovos Brands, Inc.), Agreement and Plan of Merger (PharMerica CORP)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the further satisfaction or waiver (where permissible) of the following additional conditions:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Onex Corp), Agreement and Plan of Merger (Timber Lodge Steakhouse Inc), Agreement and Plan of Merger (Compudyne Corp)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger Mergers are subject to the satisfaction or waiver (where permissiblepermissible under applicable Law) at or prior to the Effective Time of the following additional conditions:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Grail, LLC), Agreement and Plan of Merger (Grail, LLC), Agreement and Plan of Merger (Illumina, Inc.)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissible) in writing by the Company of the following additional further conditions:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Booz Allen Hamilton Holding Corp), Agreement and Plan of Merger (Cb Richard Ellis Group Inc), Agreement and Plan of Merger (Trammell Crow Co)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissibleto the extent permitted by applicable law) at or prior to the Effective Time of the following additional further conditions:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Sylvan Inc), Agreement and Plan of Merger (Sylvan Inc), Agreement and Plan of Merger (Sylvan Inc)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are shall be subject to the satisfaction (or waiver (where permissibleby the Company if permissible under applicable Law) prior to the Effective Time, of each of the following additional conditions:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Nextgen Healthcare, Inc.), Agreement and Plan of Merger (Aratana Therapeutics, Inc.), Agreement and Plan of Merger (Elanco Animal Health Inc)
Conditions to the Obligations of the Company. The obligations obligation of the Company pursuant to this Agreement to consummate the Merger are is also subject to the satisfaction or waiver (where permissible) waiver, at the Closing, of the following additional conditions:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Sbarro Inc), Agreement and Plan of Merger (Sbarro Mario), Agreement and Plan of Merger (Sbarro Inc)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger Integrated Mergers are subject to the satisfaction or (or, to the extent permitted by Applicable Law, written waiver (where permissibleby the Company) of the following additional further conditions:
Appears in 3 contracts
Samples: Agreement and Plan of Merger (WillScot Mobile Mini Holdings Corp.), Agreement and Plan of Merger (WillScot Mobile Mini Holdings Corp.), Agreement and Plan of Merger (McGrath Rentcorp)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction (or to the extent permitted by Law) waiver (where permissible) of the following additional further conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (ChyronHego Corp), Agreement and Plan of Merger (ChyronHego Corp)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissible) of the following additional conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Bright Horizons Family Solutions Inc), Agreement and Plan of Merger (Quest Diagnostics Inc)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissiblepermissible under applicable Law) of the following additional conditionsconditions at or prior to the Effective Time:
Appears in 2 contracts
Samples: Merger Agreement (Avolon Holdings LTD), Agreement and Plan of Merger (China Mobile Games & Entertainment Group LTD)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissible) of the following additional conditions, at or prior to the Effective Time:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Swank, Inc.), Agreement and Plan of Merger (Nuco2 Inc /Fl)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or (to the extent permitted by applicable Law) waiver (where permissible) of the following additional conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Stewart Enterprises Inc), Agreement and Plan of Merger (Service Corporation International)
Conditions to the Obligations of the Company. The obligations obligation of the Company to consummate the Merger are is subject to the satisfaction or waiver (where or, to the extent legally permissible, waiver, except that the condition specified in subsection (b) may not be waived) of the following additional further conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (La-Z-Boy Inc), Agreement and Plan of Merger (Ladd Furniture Inc)
Conditions to the Obligations of the Company. The obligations obligation of the Company to consummate effect the Merger are is further subject to the satisfaction or waiver (where permissible) of the following additional conditions:
Appears in 2 contracts
Samples: Agreement of Recapitalization and Merger (Mafco Holdings Inc), Agreement of Recapitalization and Merger (Panavision Inc)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissibleto the extent permitted by applicable Law) of the following additional conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Zoetis Inc.), Agreement and Plan of Merger (Abaxis Inc)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissible) at or prior to the Closing of the following additional conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Imco Recycling Inc), Agreement and Plan of Merger (Commonwealth Industries Inc/De/)
Conditions to the Obligations of the Company. The obligations of the Company and the SFC Equityholders to consummate the Merger are subject to the satisfaction or waiver (where permissible) of the following additional conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Navarre Corp /Mn/), Agreement and Plan of Merger (Navarre Corp /Mn/)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction (or waiver (where permissiblewritten waiver, if permissible under applicable Law) on or prior to the Closing of the following additional further conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Gen Probe Inc), Agreement and Plan of Merger (Hologic Inc)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger and the other transactions contemplated hereby are subject to the satisfaction (or waiver (where permissiblewaiver) of the following additional further conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Airline Investors Partnership Lp), Agreement and Plan of Merger (Hawaiian Airlines Inc/Hi)
Conditions to the Obligations of the Company. The obligations obligation of the Company to consummate the Merger are and the other Transactions is subject to the satisfaction satisfaction, or, to the extent permitted by Applicable Law, waiver, at or waiver (where permissible) prior to the Closing, of the following additional conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (AdTheorent Holding Company, Inc.), Agreement and Plan of Merger (Heritage-Crystal Clean, Inc.)
Conditions to the Obligations of the Company. The obligations obligation of the Company to consummate the Merger are is subject to the satisfaction or waiver (where permissible) of the following additional conditions, any one or more of which may be waived (if legally permitted) in writing by the Company:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Boyd Gaming Corp), Agreement and Plan of Merger (ALST Casino Holdco, LLC)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissibleto the extent permitted by applicable law) of the following additional further conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Nautica Enterprises Inc), Agreement and Plan of Merger (V F Corp)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or (to the extent permitted by Applicable Law) waiver (where permissible) by the Company of the following additional further conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Hewlett Packard Co), Agreement and Plan of Merger (Palm Inc)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Suntuity Merger and the other Transactions are subject to the satisfaction or waiver (where permissible) by the Company of the following additional conditions:
Appears in 2 contracts
Samples: Business Combination Agreement (Beard Energy Transition Acquisition Corp.), Business Combination Agreement (Beard Energy Transition Acquisition Corp.)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or (or, to the extent permitted by Law, the waiver (where permissiblein writing by the Company) of the following additional conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Timber Pharmaceuticals, Inc.), Agreement and Plan of Merger (Timber Pharmaceuticals, Inc.)
Conditions to the Obligations of the Company. The obligations obligation of the Company to consummate the Merger are shall be further subject to the satisfaction satisfaction, or to the extent permitted by Applicable Law, waiver (where permissible) of, at or prior to the Closing each of the following additional conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Constant Contact, Inc.), Agreement and Plan of Merger (Endurance International Group Holdings, Inc.)
Conditions to the Obligations of the Company. The obligations of the Company, the Company Subreits and TRS LLC to consummate the Merger Mergers are subject to the satisfaction or (or, to the extent permitted by applicable Law, waiver (where permissibleby the Company) of the following additional further conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Quality Care Properties, Inc.), Agreement and Plan of Merger (Welltower Inc.)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissibleor, to the extent permitted by Applicable Law, waiver) of the following additional further conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Smith & Nephew PLC), Agreement and Plan of Merger (Arthrocare Corp)
Conditions to the Obligations of the Company. The obligations obligation of the Company to consummate the Merger are is subject to the satisfaction or, to the extent permitted by applicable Law, waiver, on or waiver (where permissible) prior to the Closing, of the following additional conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Diversicare Healthcare Services, Inc.), Agreement and Plan of Merger (Leaf Group Ltd.)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction (or waiver (where permissibleby the Company, except that the condition set forth in Section 4.1(a) may not be waived) of the following additional conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Centex Construction Products Inc), Agreement and Plan of Merger (Centex Corp)
Conditions to the Obligations of the Company. The obligations obligation -------------------------------------------- of the Company to consummate the Merger are is subject to the satisfaction or waiver (where or, to the extent legally permissible, waiver) of the following additional further conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Inference Corp /Ca/), Agreement and Plan of Merger (Inference Corp /Ca/)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Second Merger are is subject to the satisfaction or waiver (where permissible) of the following additional conditions, any one or more of which may be waived in writing by the Company:
Appears in 2 contracts
Samples: Business Combination Agreement (Terrapin 3 Acquisition Corp), Business Combination Agreement (Terrapin 3 Acquisition Corp)
Conditions to the Obligations of the Company. The obligations obligation of the Company to consummate the Merger are is subject to the satisfaction or waiver (where permissible) of the following additional conditionsfurther condition:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Petco Animal Supplies Inc), Agreement and Plan of Merger (Petco Animal Supplies Inc)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger Mergers are subject to the satisfaction or waiver (where permissible) of the following additional further conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Stewart Information Services Corp), Agreement and Plan of Merger (Fidelity National Financial, Inc.)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissible) of by the Company following additional conditions:
Appears in 2 contracts
Samples: Ascent Pediatrics Inc, Boston Scientific Corp
Conditions to the Obligations of the Company. The obligations of the Company Signatories to consummate the Merger Transactions, including the Mergers, are subject to the satisfaction or waiver (where permissible) at or prior to Closing of the following additional conditions:
Appears in 2 contracts
Samples: Business Combination Agreement (WinVest Acquisition Corp.), Business Combination Agreement (WinVest Acquisition Corp.)
Conditions to the Obligations of the Company. The obligations obligation of the Company to consummate the Second Merger are is subject to the satisfaction or waiver (where permissible) of the following additional conditions, any one or more of which may be waived in writing by the Company:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Monocle Acquisition Corp), Agreement and Plan of Merger (Monocle Acquisition Corp)
Conditions to the Obligations of the Company. The obligations obligation of the Company to consummate the Merger are is subject to the satisfaction or waiver by the Company (where permissibleto the extent permitted by applicable law) of the following additional further conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Telewest Global Inc), Agreement and Plan of Merger (NTL Inc)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction (or waiver (where permissible) by the Company, if permissible under Applicable Law), at or prior to the Closing, of the following additional further conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Syneos Health, Inc.), Agreement and Plan of Merger (Cbeyond, Inc.)
Conditions to the Obligations of the Company. The -------------------------------------------- obligations of the Company to consummate the Merger are shall be subject to the satisfaction or waiver (where permissible) ), at or prior to the Closing, of each of the following additional conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Pogo Producing Co), Registration Rights Agreement (Pogo Producing Co)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissible) of the following additional further conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Netiq Corp), Agreement and Plan of Merger (Webtrends Corp)
Conditions to the Obligations of the Company. The obligations obligation of -------------------------------------------- the Company to consummate the Merger are is subject to the satisfaction or waiver (where permissiblein writing) of the following additional conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Samans Robert A), Agreement and Plan of Merger (Carcioppolo Sabastian A)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissible) of the following additional conditions, unless waived by the Company in writing:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ball Corp), Agreement and Plan of Merger (Nationsrent Companies Inc)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissibleor waiver in writing if permissible under applicable Law) by the Company of the following additional further conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Clear Channel Communications Inc), Agreement and Plan of Merger (Clear Channel Communications Inc)
Conditions to the Obligations of the Company. The obligations obligation of the Company to consummate the Merger are is subject to the satisfaction or waiver (where permissible) of the following additional further conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Penn National Gaming Inc), Agreement and Plan of Merger (Lubrizol Corp)
Conditions to the Obligations of the Company. The obligations obligation of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissible) of the following additional conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Costar Group Inc), Agreement and Plan of Merger (LoopNet, Inc.)
Conditions to the Obligations of the Company. The obligations obligation of the Company pursuant to this Agreement to consummate the Merger are is also subject to the satisfaction or waiver (where permissible) waiver, at or prior to the Effective Time, of the following additional conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Petrofina Delaware Inc), Agreement and Plan of Merger (Fina Inc)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissible) of the following additional further conditions, any of which may be waived in writing exclusively by the Company:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Conmed Healthcare Management, Inc.), Agreement and Plan of Merger (Conmed Healthcare Management, Inc.)
Conditions to the Obligations of the Company. The obligations obligation of the Company to consummate the Merger are is subject to the satisfaction or waiver (where permissible) of the following additional conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (PGT Innovations, Inc.), Agreement and Plan of Merger (Masonite International Corp)
Conditions to the Obligations of the Company. The obligations of the Company to consummate the Merger are subject to the satisfaction or waiver (where permissiblepermissible under Applicable Law) of the following additional further conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Shanda Interactive Entertainment LTD), Agreement and Plan of Merger (Ku6 Media Co., LTD)
Conditions to the Obligations of the Company. The obligations obligation of the Company to consummate the Merger are is further subject to the satisfaction (or waiver (where permissibleif permissible under Applicable Law) at or prior to the Effective Time of each of the following additional conditions:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Hanesbrands Inc.), Agreement and Plan of Merger (Maidenform Brands, Inc.)
Conditions to the Obligations of the Company. The obligations obligation of the Company to consummate the Merger are is subject to the satisfaction or waiver (where permissible) satisfaction, as of the Closing, of the following additional conditions:
Appears in 1 contract
Samples: Agreement and Plan of Merger (Albany Molecular Research Inc)
