Obligations of Parent and of the Company. Whenever this Agreement requires Merger Sub to take an action, such requirement will be deemed to include an undertaking on the part of Parent to cause Merger Sub to take such action. Whenever this Agreement requires a Subsidiary of the Company to take any action, such requirement will be deemed to include an undertaking on the part of the Company to cause such Subsidiary to take such action and, after the Effective Time, on the part of the Surviving Corporation to cause such Subsidiary to take such action.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Reven Housing REIT, Inc.), Agreement and Plan of Merger (KBS Strategic Opportunity REIT, Inc.)
Obligations of Parent and of the Company. Whenever this Agreement requires Merger Sub to take an any action, such requirement will shall be deemed to include an undertaking on the part of Parent to cause Merger Sub to take such action. Whenever this Agreement requires a Subsidiary of the Company to take any action, such requirement will shall be deemed to include an undertaking on the part of the Company to cause such Subsidiary to take such action and, after the Effective Time, on the part of the Surviving Corporation Company to cause such Subsidiary to take such action.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Amylin Pharmaceuticals Inc), Assumption Agreement (Bristol Myers Squibb Co)
Obligations of Parent and of the Company. Whenever this Agreement requires Merger Sub to take an any action, such requirement will shall be deemed to include an undertaking on the part of Parent to cause Merger Sub to take such action. Whenever this Agreement requires a Subsidiary of the Company Surviving Corporation to take any action, such requirement will shall be deemed to include an undertaking on the part of the Company to cause such Subsidiary to take such action and, after the Effective Time, on the part of the Surviving Corporation to cause such Subsidiary to take such action.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Easylink Services International Corp), Agreement and Plan of Merger (Open Text Corp)
Obligations of Parent and of the Company. Whenever this Agreement requires Merger Sub to take an any action, such requirement will shall be deemed to include an undertaking on the part of Parent to cause Merger Sub to take such action, and Parent hereby guarantees all obligations of the Merger Sub hereunder. Whenever this Agreement requires a Subsidiary of the Company to take any action, such requirement will shall be deemed to include an undertaking on the part of the Company to cause such Subsidiary to take such action andaction, after and the Effective Time, on Company hereby guarantees the part obligations of the Surviving Corporation to cause such Subsidiary to take such actionits Subsidiaries hereunder.
Appears in 1 contract
Obligations of Parent and of the Company. Whenever this Agreement requires Merger Sub to take an any action, such requirement will shall be deemed to include an undertaking on the part of Parent to cause Merger Sub or another SBC Company to take such action. Whenever this Agreement requires a Subsidiary of the Company to take any action, such requirement will shall be deemed to include an undertaking on the part of the Company to cause such Subsidiary to take such action and, after the Effective Time, on the part of the Surviving Corporation to cause such Subsidiary to take such action.
Appears in 1 contract
Samples: Agreement and Plan of Merger (SBC Communications Inc)
Obligations of Parent and of the Company. Whenever this Agreement requires the Merger Sub to take an any action, such requirement will shall be deemed to include an undertaking on the part of Parent to cause the Merger Sub to take such action. Whenever this Agreement requires a Subsidiary of the Company to take any action, such requirement will shall be deemed to include an undertaking on the part of the Company to cause such Subsidiary to take such action and, after the Effective Time, on the part of the Surviving Corporation to cause such Subsidiary to take such action.
Appears in 1 contract
Obligations of Parent and of the Company. Whenever this Agreement requires Merger Sub MergerSub to take an any action, such requirement will shall be deemed to include an undertaking on the part of Parent to cause Merger Sub MergerSub to take such action. Whenever this Agreement requires a Subsidiary of the Company to take any action, such requirement will shall be deemed to include an undertaking on the part of the Company to cause such Subsidiary to take such action and, after the Effective Time, on the part of the Surviving Corporation to cause such Subsidiary to take such action.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Computer Associates International Inc)
