Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them under this Agreement at or prior to the Effective Time.
Appears in 60 contracts
Samples: Trust Agreement (Bluegreen Vacations Holding Corp), Trust Agreement (Hilton Grand Vacations Inc.), Agreement and Plan of Merger (Acer Therapeutics Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 58 contracts
Samples: Agreement and Plan of Merger (Eargo, Inc.), Agreement and Plan of Merger (Irobot Corp), Agreement and Plan of Merger (Convey Health Solutions Holdings, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub each shall have performed performed, or complied with, in all material respects all obligations agreements and covenants required to be performed or complied with by them under this Agreement at or prior to the Effective Time.
Appears in 38 contracts
Samples: Agreement and Plan of Merger (Maxwell W Keith III), Agreement and Plan of Merger (Via Renewables, Inc.), Agreement and Plan of Merger (Evofem Biosciences, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them under this Agreement at or prior to the Effective TimeClosing Date, and the Company shall have received a certificate signed on behalf of Parent by an executive officer of Parent to such effect.
Appears in 34 contracts
Samples: Agreement and Plan of Merger (Ourpets Co), Agreement and Plan of Merger (Campus Crest Communities, Inc.), Agreement and Plan of Merger (Zale Corp)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 33 contracts
Samples: Agreement and Plan of Merger (KAMAN Corp), Agreement and Plan of Merger (ReWalk Robotics Ltd.), Agreement and Plan of Merger (CMC Materials, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them it under this Agreement at or prior to the Effective TimeClosing.
Appears in 19 contracts
Samples: Agreement and Plan of Merger (SomaLogic, Inc.), Agreement and Plan of Merger (Advaxis, Inc.), Agreement and Plan of Merger (Advaxis, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all the obligations required that are to be performed by them Parent and Merger Sub under this Agreement at or prior to the Effective Time.
Appears in 16 contracts
Samples: Agreement (Sugarmade, Inc.), Agreement and Plan of Merger (Ultra Clean Holdings, Inc.), Agreement and Plan of Merger (Ultra Clean Holdings, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall will have performed and complied in all material respects with all covenants, obligations and conditions of this Agreement required to be performed and complied with by them under this Agreement Parent and Merger Sub at or prior to the Effective TimeClosing.
Appears in 16 contracts
Samples: Agreement and Plan of Merger (Tufin Software Technologies Ltd.), Agreement and Plan of Merger (Cloudera, Inc.), Agreement and Plan of Merger (RealPage, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied in all material respects with all obligations agreements and covenants required to be performed by them it under this Agreement at or prior to the Effective TimeClosing.
Appears in 13 contracts
Samples: Amended and Restated Agreement and Plan of Merger (Monmouth Real Estate Investment Corp), Amended and Restated Agreement and Plan of Merger (Monmouth Real Estate Investment Corp), Amended and Restated Agreement and Plan of Merger (Equity Commonwealth)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them under this Agreement at or prior to the Effective Time.Closing Date; and
Appears in 13 contracts
Samples: Agreement and Plan of Merger (Zayo Group LLC), Agreement and Plan of Merger (Medtox Scientific Inc), Agreement and Plan of Merger (Abovenet Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them it under this Agreement at or prior to the Effective Time.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Avedro Inc), Agreement and Plan of Merger (Axos Financial, Inc.), Agreement and Plan of Merger (Vivint Solar, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall will have performed and complied in all material respects with all covenants and obligations of this Agreement required to be performed and complied with by them under this Agreement Parent and Merger Sub at or prior to the Effective TimeClosing.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Verde Bio Holdings, Inc.), Agreement and Plan of Merger (Natus Medical Inc), Agreement and Plan of Merger (Activision Blizzard, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed and complied in all material respects all with the covenants, obligations and conditions of this Agreement required to be performed and complied with by them under this Agreement Parent and Merger Sub at or prior to the Effective TimeClosing.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Kaleyra, Inc.), Agreement and Plan of Merger (Diversey Holdings, Ltd.), Agreement and Plan of Merger (Ginkgo Bioworks Holdings, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects the obligations, and complied in all obligations material respects with the agreements and covenants, required to be performed by them or complied with by it under this Agreement at or prior to the Effective Time.; and
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Karuna Therapeutics, Inc.), Agreement and Plan of Merger (Zhangmen Education Inc.), Agreement and Plan of Merger (Texas New Mexico Power Co)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects the obligations, and complied in all obligations material respects with the agreements and covenants, required to be performed by them or complied with by it under this Agreement at or prior to the Effective Time.Closing Date; and
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Chindata Group Holdings LTD), Agreement and Plan of Merger (CorePoint Lodging Inc.), Agreement and Plan of Merger (CorePoint Lodging Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all their covenants and obligations under this Agreement required to be performed by them under this Agreement at or prior to the Effective TimeClosing.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (IAC/InterActiveCorp), Agreement and Plan of Merger (Meredith Corp), Agreement and Plan of Merger (Covanta Holding Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all the material respects all obligations required to be performed by them it under this Agreement at or prior to the Effective TimeClosing.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Voya Financial, Inc.), Agreement and Plan of Merger (Benefitfocus, Inc.), Agreement and Plan of Merger (Benefitfocus, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all the obligations required that are to be performed by them under this Agreement at or prior to the Effective Time.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Xcerra Corp), Agreement and Plan of Merger (Cohu Inc), Agreement and Plan of Merger (Xcerra Corp)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed or complied in all material respects all with their respective obligations required to be performed or complied with by them under this Agreement at or prior to the Effective Time.
Appears in 6 contracts
Samples: Business Combination Agreement (NeoGames S.A.), Agreement and Plan of Merger (New Fortress Energy Inc.), Agreement and Plan of Merger (New Fortress Energy Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them it under this Agreement at or prior to as of the Effective Time.; and
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Chinook Therapeutics, Inc.), Agreement and Plan of Merger (Triple-S Management Corp), Agreement and Plan of Merger (Thermo Fisher Scientific Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall will have performed and complied in all material respects all with the covenants, obligations and conditions of this Agreement required to be performed and complied with by them under this Agreement Parent and Merger Sub at or prior to the Effective TimeClosing.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (PRGX Global, Inc.), Agreement and Plan of Merger (Liberty Tax, Inc.), Agreement and Plan of Merger (Vitamin Shoppe, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall will have performed in all material respects all the covenants and obligations required to be performed by them it under this Agreement at or prior to the Effective Time.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Biohaven Research Ltd.), Agreement and Plan of Merger (Global Blood Therapeutics, Inc.), Agreement and Plan of Merger (Biohaven Research Ltd.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them under this Agreement at or prior to the Effective TimeClosing.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Infrastructure & Energy Alternatives, Inc.), Agreement and Plan of Merger (Aircastle LTD), Agreement and Plan of Merger (Marubeni Corp /Fi)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all its covenants and obligations under this Agreement required to be performed by them under this Agreement at or prior to the Effective TimeClosing.
Appears in 4 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Tribune Media Co), Agreement and Plan of Merger (Sinclair Broadcast Group Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them it under this Agreement at or prior to the Effective Time.Closing Date; and
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Marlin Business Services Corp), Agreement and Plan of Merger (Sparton Corp), Agreement and Plan of Merger (Scana Corp)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed and complied in all material respects all with the covenants, agreements and obligations of this Agreement required to be performed and complied with by them under this Agreement Parent and Merger Sub at or prior to the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Enova International, Inc.), Agreement and Plan of Merger (Enova International, Inc.), Agreement and Plan of Merger (Enova International, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all the obligations required to be performed by them under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Bottomline Technologies Inc), Agreement and Plan of Merger (1Life Healthcare Inc), Agreement and Plan of Merger (Spark Networks SE)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed or complied in all material respects with all agreements and obligations required to be performed or complied with by them under this Agreement at or prior to the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (BlueCity Holdings LTD), Agreement and Plan of Merger (Ma Baoli), Agreement and Plan of Merger (Ruhnn Holding LTD)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed performed, or complied with, in all material respects all obligations required to be performed by them or complied with by it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Magicjack Vocaltec LTD), Agreement and Plan of Merger (B. Riley Financial, Inc.), Agreement and Plan of Merger (Keysight Technologies, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed performed, or complied with, in all material respects all obligations required to be performed or complied with by them it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (Arabian American Development Co), Agreement and Plan of Reorganization (Identix Inc), Agreement and Plan of Reorganization (Lau Acquisition Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all the obligations required to be performed by them it under this Agreement at or prior to the Effective TimeClosing.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Destination Maternity Corp), Agreement and Plan of Merger (Spectra Energy Corp.), Agreement and Plan of Merger
Performance of Obligations of Parent and Merger Sub. Each of --------------------------------------------------- Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Ratos Acquisition Corp), Agreement and Plan of Merger (Fluor Daniel Gti Inc), Agreement and Plan of Merger (International Technology Corp)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them under this Agreement at or prior to the Effective TimeClosing.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Arco Platform Ltd.), Agreement and Plan of Merger (Myovant Sciences Ltd.), Agreement and Plan of Merger (Myovant Sciences Ltd.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them it under this Agreement at or prior to the Effective Time.; and
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Advance America, Cash Advance Centers, Inc.), Agreement and Plan of Merger (Gentiva Health Services Inc), Agreement and Plan of Merger (Odyssey Healthcare Inc)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall will have performed in all material respects all obligations required to be performed by them under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Black Hills Corp /Sd/), Agreement and Plan of Merger (Great Plains Energy Inc), Agreement and Plan of Merger
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Simon Property Group Inc /De/), Agreement and Plan of Merger (Brandywine Operating Partnership Lp /Pa), Agreement and Plan of Merger (Chelsea Property Group Inc)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them under this Agreement at on or prior to before the Effective TimeClosing Date.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Frischs Restaurants Inc), Agreement and Plan of Merger (Kroger Co), Agreement and Plan of Merger (Harris Teeter Supermarkets, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall each have performed in all material respects all obligations and complied in all material respects with all covenants required by this Agreement to be performed or complied with by them under this Agreement at or prior to the Effective Timeit.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (K Tron International Inc), Agreement and Plan of Merger (K Tron International Inc), Agreement and Plan of Merger (Hillenbrand, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed or complied in all material respects with all obligations obligations, agreements and covenants required by this Agreement to be performed or complied with by each of them under this Agreement at or prior to the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Select Income Reit), Agreement and Plan of Merger (Select Income REIT), Agreement and Plan of Merger (Cole Corporate Income Trust, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all obligations obligations, and complied in all material respects with the agreements and covenants, required to be performed by them under this Agreement at or prior to the Effective Timecomplied with by it hereunder.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Community Health Systems Inc), Agreement and Plan of Merger (Triad Hospitals Inc), Agreement and Plan of Merger (Triad Hospitals Inc)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall will have performed and complied in all material respects with all covenants and obligations in this Agreement required to be performed and complied with by them under this Agreement Parent and Merger Sub at or prior to the Effective TimeClosing.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Medallia, Inc.), Agreement and Plan of Merger (Forescout Technologies, Inc), Agreement and Plan of Merger (Forescout Technologies, Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all the obligations required to be performed by them it under this Agreement at on or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Material Sciences Corp), Agreement and Plan of Merger (Integramed America Inc)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects (i) performed all obligations and (ii) complied with all covenants required by this Agreement to be performed or complied with by them under this Agreement at or prior to the Effective Time.;
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ii-Vi Inc), Agreement and Plan of Merger (Coherent Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all the obligations required that are to be performed by them under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Hewlett Packard Co), Agreement and Plan of Merger (3com Corp)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have has performed in all material respects all obligations required to be performed by them under this Agreement at or prior to the Effective TimeClosing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Urovant Sciences Ltd.), Agreement and Plan of Merger (Sumitomo Chemical Co., Ltd.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed or complied with by them it under this Agreement at or prior to the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Halliburton Co), Agreement and Plan of Merger (Baker Hughes Inc)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them under this Agreement at on or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Electro Sensors Inc), Agreement and Plan of Merger (Communications Systems Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all the material obligations required that are to be performed by them Parent and Merger Sub under this Agreement at or prior to the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Vimicro International CORP), Agreement and Plan of Merger (WSP Holdings LTD)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them under this Agreement it at or prior to the Effective TimeMerger Closing under this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Avantor, Inc.), Agreement and Plan of Merger (VWR Corp)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall will have performed and complied in all material respects with all obligations in this Agreement required to be performed and complied with by them under this Agreement Parent and Merger Sub at or prior to the Effective TimeClosing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (KnowBe4, Inc.), Agreement and Plan of Merger (Vepf Vii SPV I, L.P.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed and complied in all material respects with all of the covenants and obligations of this Agreement required to be performed and complied with by them under this Agreement Parent and Merger Sub at or prior to the Effective TimeClosing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Haynes International Inc), Agreement and Plan of Merger (Haynes International Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have complied with or performed in all material respects all obligations required to be complied with or performed by them it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Altria Group, Inc.), Agreement and Plan of Merger (Ust Inc)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub each shall have performed or complied with in all material respects all obligations required to be performed by them under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Lyondell Chemical Co), Agreement and Plan of Merger (Huntsman CORP)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have each performed in all material respects all the obligations required to be performed by them it under this Agreement at or prior to the Effective TimeClosing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Rogers Corp), Agreement and Plan of Merger (Versum Materials, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations and covenants required to be performed by them it under this Agreement at on or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ninetowns Internet Technology Group Co LTD), Agreement and Plan of Merger (Wang Shuang)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all its respective obligations required to be performed by them it under this Agreement at or prior to the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Jda Software Group Inc), Agreement and Plan of Merger (Par Pharmaceutical Companies, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them Parent and Merger Sub, as applicable, under this Agreement at on or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Avangrid, Inc.), Agreement and Plan of Merger (Cellular Biomedicine Group, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub each shall have performed or complied with in all material respects all obligations required to be performed respectively by them it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Owens & Minor Inc/Va/), Agreement and Plan of Merger (Medical Action Industries Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all the covenants and obligations required to be performed by them it under this Agreement at or prior to the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Pfizer Inc), Agreement and Plan of Merger (Seagen Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all material obligations required to be performed by them under this Agreement at or prior to the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Southeastern Grocers, LLC), Agreement and Plan of Merger (Winn Dixie Stores Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them under this Agreement at or prior to the Effective TimeClosing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (At&t Inc.), Agreement and Plan of Merger (Superclick Inc)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed and complied with, in each case in all material respects respects, all the obligations required that are to be performed or complied with by them Parent and Merger Sub (as applicable) under this Agreement at or prior to the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Enzymotec Ltd.), Agreement and Plan of Merger (Frutarom LTD)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all the covenants, obligations required and agreements that are to be performed by them under this Agreement at or prior to the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Valley Telephone Co., LLC), Agreement and Plan of Merger (Knology Inc)
Performance of Obligations of Parent and Merger Sub. (i) Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Autovative Products Inc), Merger Agreement (Longfoot Communications Corp.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all material obligations required to be performed by them under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Warnaco Group Inc /De/), Agreement and Plan of Merger (PVH Corp. /De/)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed or complied in all material respects all with each of their obligations required to be performed or complied with by them under this Agreement at on or prior to the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Hill International, Inc.), Agreement and Plan of Merger (Hill International, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all obligations each obligation required to be performed by them under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Helix Technologies, Inc.), Solicitation and Non Disclosure Agreement (Fleetcor Technologies Inc)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects performed all obligations and complied with all covenants required by this Agreement to be performed or complied with by them under this Agreement at or prior to the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Eldorado Resorts, Inc.), Agreement and Plan of Merger (CAESARS ENTERTAINMENT Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied in all material respects with all obligations required to be performed by them Parent or Merger Sub, as applicable, under this Agreement at or prior to the Effective TimeClosing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Clarcor Inc.), Agreement and Plan of Merger (Parker Hannifin Corp)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied in all material respects all obligations required to be performed or complied by them it under this Agreement at or prior to the Effective TimeClosing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Diffusion Pharmaceuticals Inc.), Agreement and Plan of Merger (Diffusion Pharmaceuticals Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all their covenants and obligations under the Agreement required to be performed by them under this Agreement at or prior to the Effective TimeClosing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Wmih Corp.), Agreement and Plan of Merger (Nationstar Mortgage Holdings Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub each shall have performed or complied with in all material respects all obligations required to be performed by them it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Huntsman International LLC), Agreement and Plan of Merger (Hexion Specialty Chemicals, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall must have performed in all material respects all obligations required to be performed by them it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (International Multifoods Corp), Agreement and Plan of Merger (Smtek International Inc)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall will have performed and complied in all material respects with all covenants and obligations of this Agreement required to be performed and complied with by them under this Agreement at or Parent and Merger Sub prior to the Effective TimeClosing.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have complied with and performed in all material respects all covenants, agreements and obligations required to be performed by them under this Agreement at or prior to the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Assured Guaranty LTD)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed or complied with in all material respects all the obligations required that are to be performed or complied with by them Parent and Merger Sub under this Agreement at or prior to the Effective Time.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed or complied in all material respects with all obligations required to be performed or complied with by them under this Agreement at or prior to the Effective TimeClosing.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Checkpoint Systems Inc)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed and complied with in all material respects all obligations required to be performed by them under this Agreement at or prior to the Effective TimeClosing.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed or complied (i) in all material respects with all obligations required to be performed or complied with by them under Section 6.12 at or prior to the Closing and (ii) in all material respects with all other obligations required to be performed or complied with by them under this Agreement at or prior to the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Central European Media Enterprises LTD)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all of its obligations required hereunder to be performed by them under this Agreement at it on or prior to the Effective Time.; and
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them it under this Agreement at or prior to the Effective Time.. (c)
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them under this Agreement at or prior to the Effective Time; provided, however, that Section 6.10(a) obligations are excluded for this purpose.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them under this Agreement at or prior to the Effective Time.Closing Date; and Execution Copy
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all the obligations required that are to be performed by them it under this Agreement at or prior to the Effective Time.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all each of its obligations required to be performed by them it under this Agreement at or prior to the Effective TimeClosing.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Franchise Group, Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them it under this Agreement at or prior to the Effective TimeMerger Closing.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed (or any non-performance shall have been cured) in all material respects all obligations required to be performed by them under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Madison Square Garden Entertainment Corp.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub each shall have performed or complied with in all material respects all obligations required to be performed by them it under this Agreement at or prior to the Effective TimeAgreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Energy XXI Gulf Coast, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed and complied with in all material respects all obligations required to be performed or complied with by them it under this Agreement at or prior to as of the Effective TimeClosing.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Fortress Transportation & Infrastructure Investors LLC)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all obligations required to be performed by them them, respectively, under this Agreement at or prior to the Effective TimeClosing.
Appears in 1 contract
Samples: Transaction Agreement (Vistra Corp.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall each have performed in all material respects all obligations required to be performed by them it under this Agreement at or prior to the Effective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (MidWestOne Financial Group, Inc.)
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all each of the obligations required to be performed by them under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in all material respects all agreements, covenants and obligations required to be performed by each of them under this Agreement at or prior to the Effective Time.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed or complied in all material respects with all obligations obligations, agreements and covenants required to be performed by them it under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed in and complied with in all material respects all obligations required to be performed or complied with by them it under this Agreement at or prior to the Effective TimeClosing.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Vonage Holdings Corp)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub each shall have performed or complied in all material respects with all obligations required to be performed by them it under this Agreement at or prior to the Effective Time.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed and complied in all material respects all obligations with the covenants of this Agreement required to be performed and complied with by them under this Agreement Parent and Merger Sub at or prior to the Effective TimeClosing.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Quotient Technology Inc.)
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects all their respective obligations required to be performed by them under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 1 contract
Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed and complied with in all material respects all obligations required to be performed or complied with by them under this Agreement at or prior to the Effective TimeClosing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Rubios Restaurants Inc)
