Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 92 contracts
Samples: Agreement and Plan of Merger (Home Federal Bancorp, Inc. Of Louisiana), Agreement and Plan of Merger (Home Bancorp, Inc.), Agreement and Plan of Merger (Merge Healthcare Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 64 contracts
Samples: Agreement and Plan of Merger (IsoPlexis Corp), Agreement and Plan of Merger (Berkeley Lights, Inc.), Agreement and Plan of Merger (Homefed Corp)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and Chief Executive Officer or the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 24 contracts
Samples: Agreement and Plan of Merger (Eastman Chemical Co), Agreement and Plan of Merger (Solutia Inc), Agreement and Plan of Merger (Tower Bancorp Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at on or prior to the Closing Date, ; and Parent the Buyer shall have received a certificate signed on behalf of the Company by the chief executive officer and or the chief financial officer of the Company to such effect.
Appears in 23 contracts
Samples: Agreement and Plan of Merger (Centessa Pharmaceuticals LTD), Agreement and Plan of Merger (American Science & Engineering, Inc.), Agreement and Plan of Merger (Palomar Medical Technologies Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all the obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer Chief Executive Officer and the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 21 contracts
Samples: Agreement and Plan of Merger (Old National Bancorp /In/), Agreement and Plan of Merger (CapStar Financial Holdings, Inc.), Agreement and Plan of Merger (FB Financial Corp)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer Chief Executive Officer of the Company to such effect.
Appears in 19 contracts
Samples: Agreement and Plan of Merger (Apollo Education Group Inc), Agreement and Plan of Merger (Medicis Pharmaceutical Corp), Agreement and Plan of Merger (Valeant Pharmaceuticals International, Inc.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief a senior executive officer and the chief financial officer of the Company to such effect.
Appears in 18 contracts
Samples: Agreement and Plan of Merger (Exelon Corp), Agreement and Plan of Merger (Potomac Electric Power Co), Agreement and Plan of Merger (Exelon Corp)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer its Chief Executive Officer and the chief financial officer of the Company Chief Financial Officer to such effect.
Appears in 16 contracts
Samples: Agreement and Plan of Merger (ATRM Holdings, Inc.), Agreement and Plan of Merger (Digirad Corp), Agreement and Plan of Merger
Performance of Obligations of the Company. The Company shall have performed in all material respects all material obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 14 contracts
Samples: Agreement and Plan of Merger (Ares Management LLC), Agreement and Plan of Merger (Cincinnati Bell Inc), Agreement and Plan of Merger (Cincinnati Bell Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing DateClosing, and Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 14 contracts
Samples: Agreement and Plan of Merger (Fox Corp), Amended and Restated Agreement and Plan of Merger (New Fox, Inc.), Agreement and Plan of Merger (Walt Disney Co/)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, ; and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 12 contracts
Samples: Agreement and Plan of Merger (Ambarella Inc), Merger Agreement (TPCO Holding Corp.), Merger Agreement (TPCO Holding Corp.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.;
Appears in 12 contracts
Samples: Agreement and Plan of Merger (On Track Innovations LTD), Agreement and Plan of Merger (Ladish Co Inc), Agreement and Plan of Merger (Allegheny Technologies Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects and complied in all obligations material respects with all agreements and covenants required to be performed or complied with by it under this Agreement at or prior to the Closing Date, and . Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 12 contracts
Samples: Agreement and Plan of Merger (Take Two Interactive Software Inc), Agreement and Plan of Merger (Zynga Inc), Agreement and Plan of Merger (Franklin Resources Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at on or prior to the Closing Date, ; and the Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 12 contracts
Samples: Agreement and Plan of Merger (Performance Technologies Inc \De\), Agreement and Plan of Merger (Sonus Networks Inc), Agreement and Plan of Merger (Essilor International /Fi)
Performance of Obligations of the Company. The Company shall have performed or complied in all material respects all obligations with the covenants and agreements required to be performed or complied with by it under this Agreement at or prior to the Closing Date, Effective Time; and Parent shall have received a certificate signed on behalf of the Company by the chief a duly authorized executive officer and the chief financial officer of the Company to such effect.; and
Appears in 11 contracts
Samples: Agreement and Plan of Merger (Indivior PLC), Agreement and Plan of Merger (Indivior PLC), Agreement and Plan of Merger (Kythera Biopharmaceuticals Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at on or prior to the Closing Date, ; and Parent the Buyer shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 11 contracts
Samples: Agreement and Plan of Merger (Sinoenergy CORP), Agreement and Plan of Merger (Mikron Infrared Inc), Agreement and Plan of Merger (LumaSense Technologies, Inc.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer Chief Executive Officer and the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 10 contracts
Samples: Agreement and Plan of Merger (Concentra Operating Corp), Agreement and Plan of Merger (Haggar Corp), Agreement and Plan of Merger (Spinnaker Exploration Co)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, Effective Time; and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and Chief Executive Officer or the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 10 contracts
Samples: Noncompetition and Nonsolicitation Agreement (CVB Financial Corp), Agreement and Plan of Merger (M&t Bank Corp), Agreement and Plan of Merger (Wilmington Trust Corp)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and the Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Click Commerce Inc), Agreement and Plan of Merger (Northstar Health Services Inc), Agreement and Plan of Merger (Spectrasite Holdings Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, Effective Time; and Parent and Merger Sub shall have received a certificate signed on behalf of the Company by the chief a senior executive officer and the chief financial officer of the Company to such effect.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Zhongpin Inc.), Agreement and Plan of Merger (Zhongpin Inc.), Agreement and Plan of Merger (Winner Medical Group Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects and complied in all obligations material respects with all agreements and covenants required to be performed or complied with by it under this Agreement at or prior to the Closing Date, and . Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Artio Global Investors Inc.), Agreement and Plan of Merger (Labranche & Co Inc), Agreement and Plan of Merger (Cowen Group, Inc.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all the obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent Purchaser shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial an authorized officer of the Company to such effect.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (People's United Financial, Inc.), Agreement and Plan of Merger (People's United Financial, Inc.), Agreement and Plan of Merger (First Connecticut Bancorp, Inc.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate certificate, dated the Closing Date, signed on behalf of the Company by the chief executive officer Chief Executive Officer and the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 7 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Banknorth Group Inc/Me), Shareholder Agreement (Willow Grove Bancorp Inc/New)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent Acquiror shall have received a certificate signed on behalf of the Company by the chief executive officer and Chief Executive Officer or the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Ediets Com Inc), Agreement and Plan of Merger (As Seen on TV, Inc.), Agreement and Plan of Merger (optionsXpress Holdings, Inc.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, ; and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer Chief Executive Officer of the Company to such effect.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Bright Mountain Media, Inc.), Agreement and Plan of Merger (GigOptix, Inc.), Acquisition Agreement (Cell Therapeutics Inc)
Performance of Obligations of the Company. The Company shall have performed or complied in all material respects with all obligations agreements and covenants required to be performed by it under this Agreement at or prior to the Closing Date, Date and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and or the chief financial officer of the Company to such effect.
Appears in 7 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Pediatric Services of America Inc), Agreement and Plan of Merger (Audible Inc)
Performance of Obligations of the Company. The Company shall have performed or complied with, in all material respects respects, all obligations material agreements and covenants required to be performed or complied with by it under this Agreement at or prior to the Closing Date, Date and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and or the chief financial officer of the Company to such effect.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Medytox Solutions, Inc.), Agreement and Plan of Merger (CollabRx, Inc.), Agreement and Plan of Merger (Amtech Systems Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all of its obligations and covenants, taken as a whole, required to be performed by it under this Agreement at or prior to or as of the Closing Date, and Parent shall have received a certificate to such effect signed on behalf of the Company by the chief a senior executive officer and the chief financial officer of the Company to such effectCompany.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Expedia Inc), Agreement and Plan of Merger (Ticketmaster), Agreement and Plan of Merger (Usa Interactive)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent Purchaser shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial a duly authorized officer of the Company to such effect.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Alabama Gas Corp), Stock Purchase Agreement (Teco Energy Inc), Agreement and Plan of Merger (VCG Holding Corp)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer Chief Executive Officer or Chief Financial Officer of the Company to such effect.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Conmed Corp), Agreement and Plan of Merger (RR Donnelley & Sons Co), Agreement and Plan of Merger (Bowne & Co Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing DateEffective Time, and Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company Company, dated as of the Closing Date, to such effect.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Investors Bancorp, Inc.), Agreement and Plan of Merger (Banc of California, Inc.), Agreement and Plan of Merger (CU Bancorp)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer Chief Executive Officer and the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Hypercom Corp), Agreement and Plan of Merger (Verifone Systems, Inc.), Agreement and Plan of Merger (Cardinal Health Partners Lp)
Performance of Obligations of the Company. The Each of the Company and its Subsidiaries shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing DateEffective Time, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and or the chief financial officer of the Company to such effect.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (DRS Technologies Inc), Agreement and Plan of Merger (Schein Henry Inc), Agreement and Plan of Merger (Integrated Defense Technologies Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, Date under this Agreement; and Parent shall have received a certificate certificate, dated the Closing Date, signed on behalf of the Company by the chief executive officer Chief Executive Officer and the chief financial officer Chief Financial Officer of the Company Company, to such effect.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Woronoco Bancorp Inc), Agreement and Plan of Merger (United Financial Corp \Mn\), Agreement and Plan of Merger (Berkshire Hills Bancorp Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and or the chief financial officer of the Company to such effect.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Orbital Atk, Inc.), Agreement and Plan of Merger (Northrop Grumman Corp /De/), Acquisition Agreement (Alloy Inc)
Performance of Obligations of the Company. The Company shall have performed performed, in all material respects respects, all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Date under this Agreement. Parent shall have received a certificate signed on behalf of the Company by Company’s President to the chief executive officer and the chief financial officer of the Company to such foregoing effect.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Legend Oil & Gas, Ltd.), Agreement and Plan of Merger (New Western Energy Corp), Agreement and Plan of Merger (American Sierra Gold Corp.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all any covenants or obligations required to be performed by it under this Agreement at or prior to the Closing DateDate in all material respects, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and or the chief financial officer of the Company to such effect.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Datawave Systems Inc), Agreement and Plan of Merger (QRS Corp), Agreement and Plan of Merger (Internet Commerce Corp)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it the Company under this Agreement at or prior to the Closing Date, and . Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effecteffect dated as of the Closing Date.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Synergx Systems Inc), Agreement and Plan of Merger (Hirsch International Corp), Agreement and Plan of Merger (Hirsch International Corp)
Performance of Obligations of the Company. The Company shall have performed have, in all material respects respects, performed or complied with all obligations required to be performed or complied with by it under this Agreement at or prior to by the Closing Datetime of the Closing, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Cyan Inc), Agreement and Plan of Merger (Ciena Corp), Agreement and Plan of Merger (Covance Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to before the Closing DateEffective Time, and Parent shall have received a certificate certificate, dated the Closing Date and signed on behalf of the Company by the chief executive officer Chief Executive Officer and the chief financial officer Chief Financial Officer of the Company to such that effect.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Cullen Frost Bankers Inc), Agreement and Plan of Merger (Summit Bancshares Inc /Tx/), Agreement and Plan of Merger (M&t Bank Corp)
Performance of Obligations of the Company. The Company shall have performed in all material respects all the obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate certificate, dated as of the Closing Date, signed on behalf of the Company by the chief executive officer Chief Executive Officer and the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Oceanfirst Financial Corp), Agreement and Plan of Merger (Oceanfirst Financial Corp), Agreement and Plan of Merger (Oceanfirst Financial Corp)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing DateEffective Time, and Parent Buyer shall have received a certificate signed on behalf of the Company by the chief executive officer and or the chief financial officer of the Company to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Apple Reit Six Inc), Agreement and Plan of Merger (Apple Hospitality Five Inc), Agreement and Plan of Merger (Apple Hospitality Two Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, Closing; and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and Chief Executive Officer or the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 4 contracts
Samples: Transaction Agreement (Compass Bancshares Inc), Transaction Agreement (Banco Bilbao Vizcaya Argentaria, S.A.), Transaction Agreement (Banco Bilbao Vizcaya Argentaria, S.A.)
Performance of Obligations of the Company. The Company shall have performed and complied with, in all material respects respects, all of its obligations under this Agreement required to be performed or complied with by it under this Agreement at or prior to the Closing DateClosing, and Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Andeavor), Agreement and Plan of Merger (Marathon Petroleum Corp), Agreement and Plan of Merger (Tesoro Corp /New/)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to before the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Pyxis Oncology, Inc.), Agreement and Plan of Merger (Apexigen, Inc.), Merger Agreement (Avaya Inc)
Performance of Obligations of the Company. The Company shall have ----------------------------------------- performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, ; and Parent the Buyer shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Flycast Communications Corp), Agreement and Plan of Merger and Reorganization (Cmgi Inc), Agreement and Plan of Merger (Cmgi Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing DateClosing, and Parent shall have received a certificate signed on behalf of the Company by the chief a senior executive officer and the chief financial officer of the Company to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Front Yard Residential Corp), Agreement and Plan of Merger (Front Yard Residential Corp), Agreement and Plan of Merger (Athenahealth Inc)
Performance of Obligations of the Company. The Company shall have performed or complied in all material respects with all obligations agreements and covenants required to be performed by it under this Agreement at or prior to the Closing Date, and . Parent shall have received a certificate signed by an executive officer of the Company, on behalf of the Company by the chief executive officer and the chief financial officer of the Company Company, to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Frederick's of Hollywood Group Inc /Ny/), Agreement and Plan of Merger (FOHG Holdings, LLC), Agreement and Plan of Merger (Mod Pac Corp)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing DateEffective Time, and Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Ecolab Inc), Agreement and Plan of Merger (Quest Software Inc), Agreement and Plan of Merger (Dell Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations (provided, however, that the Company shall have performed in all respects the obligations in Section 5.01(e)) required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Millstream Acquisition Corp), Agreement and Plan of Merger (GRH Holdings, L.L.C.), Agreement and Plan of Merger (RGGPLS Holding, Inc.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial an officer of the Company to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Elevate Credit, Inc.), Agreement and Plan of Merger (Elevate Credit, Inc.), Agreement and Plan of Merger (Medco Health Solutions Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer, chief operating officer and the chief financial officer of the Company to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (International Speedway Corp), Agreement and Plan of Merger (Speedway Motorsports Inc), Agreement and Plan of Merger (Action Performance Companies Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent Buyer shall have received a certificate signed on behalf of the Company by the chief executive officer Chief Executive Officer and the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Pacifica Bancorp Inc), Agreement and Plan of Merger (Ucbh Holdings Inc), Agreement and Plan of Merger (Ucbh Holdings Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the or chief financial officer of the Company to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Penn National Gaming Inc), Agreement and Plan of Merger (Tropicana Las Vegas Hotel & Casino, Inc.), Agreement and Plan of Merger (International Rectifier Corp /De/)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations and covenants required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief a senior executive officer and the chief financial officer of the Company to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Blount International Inc), Agreement and Plan of Merger (Jones Group Inc), Agreement and Plan of Merger (Wolverine World Wide Inc /De/)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and or the chief financial officer of the Company to such effect.;
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Graham Holdings Co), Agreement and Plan of Merger (SmartPros Ltd.), Agreement and Plan of Merger (Dynamex Inc)
Performance of Obligations of the Company. The Company shall have performed complied in all material respects all with its obligations required to be performed complied with by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Pxre Group LTD), Agreement and Plan of Merger (Pxre Group LTD), Agreement and Plan of Merger (Argo Group International Holdings, Ltd.)
Performance of Obligations of the Company. The Company shall have performed have, in all material respects respects, performed or complied with all obligations required by the time of the Closing to be performed or complied with by it under this Agreement at or prior to the Closing DateAgreement, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and or the chief financial officer of the Company to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Energy Transfer Equity, L.P.), Agreement and Plan of Merger (Williams Companies Inc), Limited Liability Company Agreement (Williams Companies Inc)
Performance of Obligations of the Company. The Company shall have performed or complied in all material respects with all obligations required to be performed or complied with by it under this Agreement at or prior to the Closing Date, Effective Time; and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and Chief Executive Officer or the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Patient Safety Technologies, Inc), Agreement and Plan of Merger (Motorola Mobility Holdings, Inc), Agreement and Plan of Merger (Endo Pharmaceuticals Holdings Inc)
Performance of Obligations of the Company. The Company shall have performed or complied in all material respects all obligations with the covenants and agreements required to be performed or complied with by it under this Agreement at or prior to the Closing Date, Effective Time; and Parent shall have received a certificate signed on behalf of the Company by the chief a duly authorized executive officer and the chief financial officer of the Company to such effect.;
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Waste Connections, Inc.), Agreement and Plan of Merger (Progressive Waste Solutions Ltd.), Agreement and Plan of Merger (Towers Watson & Co.)
Performance of Obligations of the Company. The Company shall have performed or complied with in all material respects all of its obligations required to be performed or complied with by it under this Agreement at or prior to the Closing Date, and Parent the Buyer shall have received a certificate signed on behalf of the Company by the chief executive officer Chief Executive Officer and the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Netiq Corp), Stock and Asset Purchase Agreement (Argonaut Technologies Inc), Stock and Asset Purchase Agreement (Argonaut Technologies Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing DateEffective Time, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and Chief Executive Officer or the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Applera Corp), Agreement and Plan of Merger (Quintiles Transnational Corp), Agreement and Plan of Merger (International Home Foods Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and . Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effectthe effect set forth in this paragraph.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Access Pharmaceuticals Inc), Agreement and Plan of Merger (Access Pharmaceuticals Inc), Agreement and Plan of Merger (Somanta Pharmaceuticals Inc.)
Performance of Obligations of the Company. The Company shall have duly performed in all material respects all any covenants or obligations required to be performed by it under this Agreement at or prior to the Closing DateDate in all material respects, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and or the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Autonomy Corp PLC), Agreement and Plan of Merger (Virage Inc), Agreement and Plan of Merger (Virage Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and . Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Netratings Inc), Agreement and Plan of Merger (Netratings Inc), Agreement and Plan of Merger (Netratings Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations and covenants required to be performed by it under this Agreement at on or prior to the Closing Date, ; and the Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (New Focus Inc), Agreement and Plan of Merger (Bookham Technology PLC), Agreement and Plan of Merger (Bookham Technology PLC)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and . Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Collateral Therapeutics Inc), Agreement and Plan of Merger (Ingersoll Rand Co LTD), Agreement and Plan of Merger (Trane Inc.)
Performance of Obligations of the Company. The Company shall have performed performed, or complied with, in all material respects all obligations required to be performed by or complied with by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Graham Packaging Co Inc.), Agreement and Plan of Merger (Silgan Holdings Inc), Agreement and Plan of Merger (Graham Packaging Co Inc.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, ; and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and Chief Executive Officer or the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Capital Gold Corp), Agreement and Plan of Merger (Tierone Corp), Agreement and Plan of Merger (Tierone Corp)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, Effective Time; and Parent Purchaser shall have received a certificate signed on behalf of the Company by the chief executive officer and Chief Executive Officer or the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Pacific Capital Bancorp /Ca/), Agreement and Plan of Merger (Unionbancal Corp), Agreement and Plan of Merger
Performance of Obligations of the Company. The Company shall have performed or complied in all material respects with all obligations agreements and covenants required to be performed by it under this Agreement at or prior to the Closing Date, Date and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial a duly authorized officer of the Company to such effectcertifying that the conditions set forth in 6.02(a), 6.02(b) and 6.02(c) shall have been satisfied.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Vectis Cp Holdings LLC), Agreement and Plan of Merger (Critical Path Inc), Agreement and Plan of Merger (General Atlantic LLC)
Performance of Obligations of the Company. The Company shall have performed in all material respects all agreements, covenants and obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Reliance Steel & Aluminum Co), Agreement and Plan of Merger (Reliance Steel & Aluminum Co), Agreement and Plan of Merger (Jorgensen Earle M Co /De/)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (American Water Works Company, Inc.), Agreement and Plan of Merger (Sparta Inc /De)
Performance of Obligations of the Company. The Company shall have performed in all material respects all each of the obligations required to be performed by it the Company under this Agreement at on or prior to the Closing Date, Date and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Td Banknorth Inc.), Agreement and Plan of Merger (Toronto Dominion Bank), Agreement and Plan of Merger (Toronto Dominion Bank)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent the Purchaser shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Metaldyne Corp), Preferred Stock Purchase Agreement (Metaldyne Corp), Stock Purchase Agreement (Metaldyne Corp)
Performance of Obligations of the Company. (i) The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and (ii) Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Aeroways, LLC), Agreement and Plan of Merger (Cke Restaurants Inc), Agreement and Plan of Merger (Cke Restaurants Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to before the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Applied Molecular Transport Inc.), Agreement and Plan of Merger (Cyclo Therapeutics, Inc.), Agreement and Plan of Merger (Cyclo Therapeutics, Inc.)
Performance of Obligations of the Company. The Company shall have performed or complied in all material respects all obligations with the covenants and agreements required to be performed or complied with by it under this Agreement at or prior to the Closing Date, Effective Time; and Parent shall have received a certificate signed on behalf of the Company by the chief a duly authorized executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Johnson Controls Inc), Agreement and Plan of Merger (TYCO INTERNATIONAL PLC), Agreement and Plan of Merger (Allergan PLC)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations and shall have complied in all material respects with all agreements and covenants required to be performed by it under this Agreement at or prior to before the Closing DateEffective Time, and Parent shall have received a certificate certificate, dated the Closing Date and signed on behalf of the Company by the chief executive officer Chief Executive Officer and the chief financial officer Chief Financial Officer of the Company to such that effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (FCB Financial Holdings, Inc.), Agreement and Plan of Merger (Byline Bancorp, Inc.), Agreement and Plan of Merger (First Midwest Bancorp Inc)
Performance of Obligations of the Company. The Company shall have performed or complied in all material respects with all agreements or obligations required to be performed or complied with by it under this Agreement at or prior to the Closing DateEffective Time, and Parent shall have received a certificate signed on behalf of the Company by the chief a duly authorized executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (GLORY STAR NEW MEDIA GROUP HOLDINGS LTD), Agreement and Plan of Merger (Yintech Investment Holdings LTD), Agreement and Plan of Merger (eLong, Inc.)
Performance of Obligations of the Company. The Each of the Company and its subsidiaries shall have performed in all material respects all obligations required to be performed by it under this Agreement the Transaction Agreements at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Westinghouse Electric Corp), Agreement and Plan of Merger (Westinghouse Electric Corp), Agreement and Plan of Merger (Gaylord Entertainment Co)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, Date and Parent shall have received at the Closing a certificate signed on behalf of the Company by the chief a senior executive officer and the chief financial officer of the Company to such effectthe effect that the condition set forth in this Section 7.2(b) has been satisfied.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Dun & Bradstreet Corp/Nw), Agreement and Plan of Merger (Dun & Bradstreet Corp/Nw), Agreement and Plan of Merger (Solera Holdings, Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement Plan at or prior to the Closing DateEffective Time in all material respects, and Parent shall have received a certificate certificate, dated the Closing Date, signed on behalf of the Company by the chief executive officer Chief Executive Officer and the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Provident Bankshares Corp), Agreement and Plan of Merger (M&t Bank Corp), Agreement and Plan of Merger (Sterling Financial Corp /Pa/)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, Effective Time; and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and Chief Executive Officer or the chief financial officer Chief Financial Officer of the Company to such the foregoing effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Herbst Gaming Inc), Agreement and Plan of Merger (Sands Regent), Agreement and Plan of Merger (Peregrine Systems Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at on or prior to the Closing Date, and Parent Buyer shall have received a certificate to that effect signed on behalf by the Chief Executive Officer and the Chief Financial Officer of the Company by the chief executive officer and the chief financial officer of the Company to such effectCompany.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Infospace Inc), Agreement and Plan of Merger (Infospace Inc), Agreement and Plan of Merger (Epresence Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and . Parent shall have received a certificate signed on behalf of the Company by the chief executive officer officer, the president and the chief financial officer of the Company to such effectthe effect set forth in this Section 6.02(b).
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Axys Pharmaceuticals Inc), Agreement and Plan of Merger (Applera Corp), Agreement and Plan of Merger (Axys Pharmaceuticals Inc)
Performance of Obligations of the Company. (i) The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing DateEffective Time, and (ii) Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Rural/Metro Corp /De/), Agreement and Plan of Merger (Jo-Ann Stores Inc), Agreement and Plan of Merger (J Crew Group Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received receive at Closing a certificate signed on behalf of the Company by the chief executive an authorized officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Perficient Inc), Agreement and Plan of Merger (Perficient Inc), Agreement and Plan of Merger (Perficient Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company Certifying Officers to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (WPS Resources Corp), Agreement and Plan of Merger (Peoples Energy Corp)
Performance of Obligations of the Company. The Company shall have performed in all material respects at or prior to the Closing Date all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate to such effect signed on behalf of the Company by the chief executive officer Chief Executive Officer and the chief financial officer Chief Financial Officer of the Company to such effectCompany.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Wright Medical Group Inc), Agreement and Plan of Merger (Biomimetic Therapeutics, Inc.), Agreement and Plan of Merger (Barr Pharmaceuticals Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and . Parent shall have received a certificate dated as of the Closing Date signed on behalf of the Company by the chief executive officer and the chief financial officer president of the Company to such effectthe effect set forth in this paragraph.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Macrochem Corp), Agreement and Plan of Merger (Macrochem Corp), Agreement and Plan of Merger (Access Pharmaceuticals Inc)
Performance of Obligations of the Company. The Company shall have performed and complied with, in all material respects respects, all obligations under this Agreement required to be performed or complied with by it under this Agreement at or prior to the Closing DateClosing, and Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Cleveland-Cliffs Inc.), Agreement and Plan of Merger (Cleveland-Cliffs Inc.), Agreement and Plan of Merger (Ak Steel Holding Corp)
Performance of Obligations of the Company. The Company shall will have performed in all material respects all agreements, obligations and covenants required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall will have received a certificate signed on behalf of the Company by the chief executive officer and Chief Executive Officer or the chief financial officer Chief Financial Officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Agl Resources Inc), Agreement and Plan of Merger (Southern Co), Agreement and Plan of Merger
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, ; and Parent shall have received a certificate signed on behalf of the Company by the chief an executive officer and the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Grant Prideco Inc), Agreement and Plan of Merger (National Oilwell Varco Inc), Agreement and Plan of Merger (Varco International Inc /De/)
Performance of Obligations of the Company. The Company shall have performed or complied in all material respects with all obligations agreements and covenants required to be performed by it under this Agreement at on or prior to the Closing Date, Date and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and or the chief financial officer of the Company to such effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Lantheus Holdings, Inc.), Agreement and Plan of Merger (Progenics Pharmaceuticals Inc), Agreement and Plan of Merger (Lantheus Holdings, Inc.)
Performance of Obligations of the Company. The Company shall have performed or complied in all material respects with all obligations required to be performed or complied with by it under this Agreement at or prior to the Closing Date, First Merger Effective Time; and Parent shall have received a certificate signed on behalf of the Company by the chief a duly authorized executive officer and the chief financial officer of the Company to such effect.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Apollo Residential Mortgage, Inc.), Agreement and Plan of Merger (Apollo Commercial Real Estate Finance, Inc.)
Performance of Obligations of the Company. The Company shall ------------------------------------------ have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Alza Corp), Agreement and Plan of Merger (Atria Communities Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received at the Closing a certificate signed on behalf of the Company by the chief executive officer and the chief financial an officer of the Company to such effect.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Greenlane Holdings, Inc.), Agreement and Plan of Merger (KushCo Holdings, Inc.)
Performance of Obligations of the Company. The Company shall have complied with and performed in all material respects all obligations required to be performed by it under this Agreement at on or prior to the Closing Date, Date and Parent shall have complied with and performed its obligations under Section 5.1(b) in all other than de minimis respects; and the Buyer shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Skyworks Solutions, Inc.), Agreement and Plan of Merger (Advanced Analogic Technologies Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all material obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Parent shall have received a certificate signed on behalf of the Company by the chief executive officer and the chief financial officer of the Company to such effect.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cherokee International Corp), Agreement and Plan of Merger (Unison Software Inc)
