Obligation of the Company. Whenever this Agreement requires the Surviving Corporation or Merger Sub to take any action or otherwise to comply with any provision of this Agreement, such requirement shall be deemed to include an undertaking on the part of Parent to cause such party to take such action or comply with such provision and Parent shall be jointly and severally liable for any failure to take such action or to comply with such provision.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Divine Inc), Agreement and Plan of Merger and Reorganization (Rowecom Inc)
Obligation of the Company. Whenever this Agreement requires the ------------------------- Surviving Corporation or Merger Sub to take any action or otherwise to comply with any provision of this Agreementaction, such requirement shall be deemed to include an undertaking on the part of Parent to cause such party to take such action or comply with such provision and Parent shall be jointly and severally liable for any failure to take such action or to comply with such provisionaction.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Usweb Corp), Agreement and Plan of Merger (Usweb Corp)
Obligation of the Company. Whenever this Agreement requires the Surviving Corporation or Merger Sub to take any action or otherwise to comply with any provision of this Agreementaction, such requirement shall be deemed to include an undertaking on the part of Parent to cause such party Party to take such action or comply with such provision and Parent shall be jointly and severally liable for any failure to take such action or to comply with such provisionaction.
Appears in 2 contracts
Samples: Stockholder Agreement (Axs One Inc), Stockholder Agreement (Unify Corp)
