Performance of Obligations of the Company. The Company shall have performed, or complied with, in all material respects all agreements and covenants required to be performed or complied with by it under this Agreement on or prior to the Effective Time.
Appears in 45 contracts
Samples: Agreement and Plan of Merger (Southwestern Energy Co), Agreement and Plan of Merger (Maxwell W Keith III), Agreement and Plan of Merger (Via Renewables, Inc.)
Performance of Obligations of the Company. The Company shall will have performed, or performed and complied with, in all material respects with all agreements covenants, obligations and covenants conditions of this Agreement required to be performed or and complied with by it under this Agreement on at or prior to the Effective TimeClosing.
Appears in 21 contracts
Samples: Agreement and Plan of Merger (HireRight Holdings Corp), Agreement and Plan of Merger (Carrols Restaurant Group, Inc.), Agreement and Plan of Merger (Restaurant Brands International Limited Partnership)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects with all agreements and covenants required to be performed or complied with by it under this Agreement on 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 the Company. The Company shall have performed, or complied with, performed in all material respects all agreements and covenants required the obligations that are to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 10 contracts
Samples: Agreement and Plan of Merger (Meridian Bioscience Inc), Agreement and Plan of Merger (Mazor Robotics Ltd.), Agreement and Plan of Merger (SodaStream International Ltd.)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects the obligations, and complied in all material respects with the agreements and covenants covenants, required to be performed by, or complied with by by, it under this Agreement on at or prior to the Effective Time.;
Appears in 10 contracts
Samples: Agreement and Plan of Merger (Karuna Therapeutics, Inc.), Agreement and Plan of Merger (Zhangmen Education Inc.), Agreement and Plan of Merger (Avangrid, Inc.)
Performance of Obligations of the Company. The Company shall will have performed, or performed and complied with, in all material respects with all agreements covenants and covenants obligations of this Agreement required to be performed or and complied with by it under this Agreement on 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 the Company. The Company shall will have performed, or performed and complied with, in all material respects all agreements with the covenants, obligations and covenants conditions of this Agreement required to be performed or and complied with by it under this Agreement on at or prior to the Effective TimeClosing.
Appears in 9 contracts
Samples: Investment Agreement (Cepton, Inc.), Registration Rights Agreement (Comscore, Inc.), Registration Rights Agreement (Comscore, Inc.)
Performance of Obligations of the Company. The Company shall have performed, or performed and complied with, in all material respects all agreements with the covenants, obligations and covenants conditions of this Agreement required to be performed or and complied with by it under this Agreement on at or prior to the Effective TimeClosing.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Kaleyra, Inc.), Agreement and Plan of Merger (Diversey Holdings, Ltd.), Agreement and Plan of Merger (Datto Holding Corp.)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, with in all material respects (or with respect to any covenant or agreement qualified by materiality or Material Adverse Effect, in all respects) the covenants and agreements and covenants required contained in this Agreement to be performed or complied with by it under this Agreement on or prior to or on the Effective TimeClosing Date.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Helpful Alliance Co), Agreement and Plan of Merger (Barry R G Corp /Oh/), Agreement and Plan of Merger (PAWS Pet Company, Inc.)
Performance of Obligations of the Company. The Company shall have performed, performed or complied withcomplied, in all material respects all respects, with its covenants and agreements and covenants required to be performed or complied with by it under this Agreement on at or prior to the Effective TimeClosing Date.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Barnes & Noble Inc), Agreement and Plan of Merger (Expedia Group, Inc.), Agreement and Plan of Merger (Liberty Expedia Holdings, Inc.)
Performance of Obligations of the Company. The Company shall have performed, or complied with, in all material respects all agreements and covenants obligations required to be performed or complied with by it under this Agreement on at or prior to the Effective TimeClosing Date.
Appears in 7 contracts
Samples: Agreement and Plan of Reorganization (Arabian American Development Co), Agreement and Plan of Merger (Lyondell Chemical Co), Agreement and Plan of Merger (Huntsman CORP)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects all obligations, and complied in all material respects with the agreements and covenants covenants, required to be performed by or complied with by it under this Agreement on or prior to the Effective Timehereunder.
Appears in 7 contracts
Samples: Arrangement Agreement (Score Media & Gaming Inc.), Arrangement Agreement (Penn National Gaming Inc), Arrangement Agreement (Mitel Networks Corp)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects all its agreements and covenants required contained in this Agreement to be performed or complied with by it under this Agreement on the Company at or prior to the Effective TimeClosing pursuant to the terms of this Agreement.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (RR Donnelley & Sons Co), Agreement and Plan of Merger (Consolidated Graphics Inc /Tx/), Agreement and Plan of Merger (Benihana Inc)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects each of the obligations, and complied in all material respects with each of the agreements and covenants covenants, required to be performed by, or complied with by by, it under this Agreement on at or prior to the Effective Time.Closing;
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Advanced Disposal Services, Inc.), Agreement and Plan of Merger (Waste Management Inc), Asset Purchase Agreement (Walgreens Boots Alliance, Inc.)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects respects, all of the covenants and agreements and covenants required to be performed or complied with by it under this Agreement on at or prior to the Effective TimeClosing Date.
Appears in 5 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger and Reorganization (SRS Labs Inc), Agreement and Plan of Merger and Reorganization (SRS Labs Inc)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects with all agreements and covenants required to be performed or complied with by it under this Agreement on at or prior to the Effective TimeClosing Date that are qualified as to materiality and shall have performed or complied in all material respects with all other agreements and covenants required to be performed by it under this Agreement at or prior to the Closing Date that are not so qualified as to materiality.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Constellation Brands, Inc.), Agreement and Plan of Merger (Getchell Gold Corp), Agreement and Plan of Merger (Domaines Barons De Rothschild /Lafite/)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, with in all material respects all the agreements and covenants required contained in this Agreement to be performed or complied with by it under this Agreement on the Company at or prior to the Effective TimeClosing pursuant to the terms of this Agreement.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Dimension Therapeutics, Inc.), Agreement and Plan of Merger (RR Donnelley & Sons Co), Agreement and Plan of Merger (COURIER Corp)
Performance of Obligations of the Company. The Company shall have performed, or performed and complied with, in all material respects respects, all agreements obligations and covenants required to be performed or and complied with by it the Company under this Agreement on or prior to or at the Effective TimeClosing.
Appears in 5 contracts
Samples: Voting Agreement (Reliant Bancorp, Inc.), Agreement and Plan of Merger (Entegra Financial Corp.), Voting Agreement (Entegra Financial Corp.)
Performance of Obligations of the Company. The Company shall have performed, or complied with, in all material respects respects, all agreements and covenants obligations required to be performed or complied with by it under this Agreement on at or prior to the Effective TimeClosing Date.
Appears in 5 contracts
Samples: Contribution and Exchange Agreement (Special Diversified Opportunities Inc.), Securities Purchase and Exchange Agreement (Geoglobal Resources Inc.), Transfer Agreement (Harbinger Group Inc.)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects the obligations, and complied in all material respects with the agreements and covenants covenants, required to be performed by, or complied with by by, it under this Agreement on at or prior to the Effective Time.Closing Date;
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Gracell Biotechnologies Inc.), Agreement and Plan of Merger (Hollysys Automation Technologies, Ltd.), Agreement and Plan of Merger (Chindata Group Holdings LTD)
Performance of Obligations of the Company. The Company shall have performed, or performed and complied with, in all material respects all with the covenants, agreements and covenants obligations of this Agreement required to be performed or and complied with by it under this Agreement on 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 the Company. The Company shall will have performed, or performed and complied with, in all material respects all agreements respects, its agreements, obligations and covenants required to be performed or complied with by it under this Agreement on and the Separation and Distribution Agreement at or prior to the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Inhibrx, Inc.), Agreement and Plan of Merger (Biohaven Research Ltd.), Agreement and Plan of Merger (Biohaven Research Ltd.)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects with all agreements obligations and covenants required by this Agreement to be performed or complied with by it under this Agreement on or prior to the Effective TimeCompany by the time of the Closing.
Appears in 4 contracts
Samples: Credit Agreement (Santander Holdings USA, Inc.), Investment Agreement (Santander Holdings USA, Inc.), Investment Agreement (Santander Holdings USA, Inc.)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects (or with respect to any obligation or agreement qualified by materiality or Company Material Adverse Effect, in all agreements respects) all obligations and covenants required agreements, and complied in all material respects (or with respect to any covenant qualified by materiality, in all respects) with all covenants, contained in this Agreement to be performed or complied with by it under this Agreement on or prior to or on the Effective TimeClosing Date.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Morgans Foods Inc), Agreement and Plan of Merger (Goodman Networks Inc), Agreement and Plan of Merger (Multiband Corp)
Performance of Obligations of the Company. The Company shall have performed, complied with or complied with, performed in all material respects all the covenants and agreements and covenants it is required to be performed comply with or complied with by it under this Agreement on perform at or prior to the Effective TimeClosing Date.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Mirati Therapeutics, Inc.), Agreement and Plan of Merger (Mirati Therapeutics, Inc.), Agreement and Plan of Merger (IVERIC Bio, Inc.)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects with all agreements of its obligations and covenants required to be performed or complied with by it under this Agreement on at or prior to the Effective TimeClosing.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Emagin Corp), Agreement and Plan of Merger (Rosetta Genomics Ltd.), Agreement and Plan of Merger (Rosetta Genomics Ltd.)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects all agreements and covenants obligations required to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Baker Hughes Inc), Agreement and Plan of Merger (Halliburton Co), Agreement and Plan of Merger (Baker Hughes Inc)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects respects, all agreements and covenants obligations required to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Taylor Morrison Home Corp), Agreement and Plan of Merger (William Lyon Homes), Agreement and Plan of Merger (Taylor Morrison Home Corp)
Performance of Obligations of the Company. The Company shall have performed, or performed and complied with, . in all material respects all agreements respects. each of the obligations and covenants required that are to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Universal Security Instruments Inc), Agreement and Plan of Merger (Helix TCS, Inc.), Agreement and Plan of Merger (Helix TCS, Inc.)
Performance of Obligations of the Company. The Company shall have performed, or performed and complied with, in all material respects with all agreements covenants, obligations and covenants conditions of this Agreement required to be performed or and complied with by it under this Agreement on at or prior to the Effective Timeapplicable date.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (New Relic, Inc.), Agreement and Plan of Merger (Tufin Software Technologies Ltd.), Agreement and Plan of Merger (Cloudera, Inc.)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects (or with respect to any obligation or agreement qualified by materiality or Material Adverse Effect, in all agreements respects) all obligations and covenants required agreements, and complied in all material respects (or with respect to any covenant qualified by materiality, in all respects) with all covenants, contained in this Agreement to be performed or complied with by it under this Agreement on or prior to or on the Effective TimeClosing Date.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Adams Golf Inc), Agreement and Plan of Merger (EF Johnson Technologies, Inc.), Agreement and Plan of Merger (Lamson & Sessions Co)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects the obligations, and complied in all material respects with the agreements and covenants covenants, required to be performed by or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Timberland Co), Agreement and Plan of Merger (V F Corp), Agreement and Plan of Merger (1 800 Contacts Inc)
Performance of Obligations of the Company. The Company shall have performed, or performed and complied with, in all material respects with all covenants and agreements and covenants required by this Agreement to be performed or complied with by it under this Agreement on or prior to the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Keypath Education International, Inc.), Agreement and Plan of Merger (Hibbett Inc), Agreement and Plan of Merger (Trean Insurance Group, Inc.)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects all agreements and covenants required the material obligations that are to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 4 contracts
Samples: Amended and Restated Agreement and Plan of Merger (China Yida Holding, Co.), Agreement and Plan of Merger (China Yida Holding, Co.), Agreement and Plan of Merger (Vimicro International CORP)
Performance of Obligations of the Company. The Company shall have performed, or performed and complied with, in all material respects with all agreements covenants, obligations and covenants conditions of this Agreement required to be performed or and complied with by it under this Agreement on at or prior to the Effective TimeClosing.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Tessco Technologies Inc), Agreement and Plan of Merger (Sumtotal Systems Inc), Agreement and Plan of Merger (Vista Equity Partners Fund III LP)
Performance of Obligations of the Company. The Company shall have performed, or complied with, in all material respects all agreements and covenants required to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (SRC Energy Inc.), Agreement and Plan of Merger (Cimarex Energy Co), Agreement and Plan of Merger (Resolute Energy Corp)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects with all agreements and covenants required by the Agreement to be performed or complied with by it under this Agreement on or prior to the Effective TimeClosing Date.
Appears in 4 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Littelfuse Inc /De), Agreement and Plan of Merger (Ixys Corp /De/)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects with all agreements and covenants required to be performed or complied with by it under this Agreement on at or prior to the Effective TimeClosing Date.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (BTP Acquisition Company, LLC), Agreement and Plan of Merger (BTP Acquisition Company, LLC), Agreement and Plan of Merger (Image Entertainment Inc)
Performance of Obligations of the Company. The Company shall have performed, complied with or complied with, performed in all material respects all agreements the covenants and covenants obligations that the Company is required to be performed comply with or complied with by it to perform under this Agreement on or prior to the Effective Time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Mattson Technology Inc), Agreement and Plan of Merger (Cypress Semiconductor Corp /De/), Agreement and Plan of Merger (Cypress Semiconductor Corp /De/)
Performance of Obligations of the Company. The Company shall have performed, or complied with, in all material respects all agreements and covenants obligations required to be performed by or complied with by it under this Agreement on 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 (Ixia)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects the obligations, and complied in all material respects with the agreements and covenants covenants, required to be performed by, or complied with by by, it under this Agreement on at or prior to the Effective Time.; and
Appears in 4 contracts
Samples: Agreement and Plan of Merger (CorePoint Lodging Inc.), Agreement and Plan of Merger (CorePoint Lodging Inc.), Agreement and Plan of Merger (Cypress Semiconductor Corp /De/)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects with the obligations, and performed or complied in all material respects with the agreements and covenants covenants, required to be performed by, or complied with by by, it under this Agreement on or prior to the Effective Time.date of the Court Hearing;
Appears in 3 contracts
Samples: Acquisition Agreement (NCR Corp), Acquisition Agreement (Cardtronics PLC), Acquisition Agreement (Cardtronics PLC)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects (or with respect to any covenant or agreement qualified by materiality, in all respects) with the covenants and agreements and covenants required contained in this Agreement to be performed or complied with by it under this Agreement on or prior to or on the Effective TimeClosing Date.
Appears in 3 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Alleghany Corp /De), Agreement and Plan of Merger (Precision Castparts Corp)
Performance of Obligations of the Company. The Company shall have performed, or complied with, in all material respects all agreements and covenants required to be performed or complied with by it under this Agreement on or prior to the Company Merger Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Baytex Energy Corp.), Agreement and Plan of Merger (Ranger Oil Corp), Agreement and Plan of Merger (Ranger Oil Corp)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects all with the covenants and agreements and covenants required contained in this Agreement to be performed or complied with by it under this Agreement on or prior to or on the Effective TimeClosing Date.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Omnova Solutions Inc), Agreement and Plan of Merger (United Technologies Corp /De/), Agreement and Plan of Merger (Goodrich Corp)
Performance of Obligations of the Company. The Company shall have performed, or complied with, in all material respects respects, all agreements and covenants required to be performed or complied with by it under this Agreement on or prior to the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Marathon Oil Corp), Agreement and Plan of Merger (Marathon Oil Corp), Agreement and Plan of Merger (Conocophillips)
Performance of Obligations of the Company. The Company shall have performed, or performed and complied with, in all material respects all agreements respects, its agreements, obligations and covenants required to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Seagen Inc.), Agreement and Plan of Merger (Pfizer Inc)
Performance of Obligations of the Company. The Company shall have performed, or complied with, in all material respects respects, all agreements and covenants obligations required to be performed or complied with by it under this Agreement on or prior to the Effective TimeAgreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Energy XXI Gulf Coast, Inc.), Agreement and Plan of Merger (Epl Oil & Gas, Inc.), Agreement and Plan of Merger (Energy Xxi (Bermuda) LTD)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects all obligations and complied in all material respects with the agreements and covenants required to be performed by or complied with by it under this Agreement on or prior to the Effective TimeTime hereunder.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Manhattan Pharmaceuticals Inc), Agreement and Plan of Merger (Curagen Corp), Agreement and Plan of Merger (Celldex Therapeutics, Inc.)
Performance of Obligations of the Company. The Company shall have performed, or complied with, in all material respects all agreements and covenants (other than the covenants set forth in Section 6.13 or Section 6.22) required to be performed or complied with by it under this Agreement on or prior to the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Vine Energy Inc.), Agreement and Plan of Merger (Chesapeake Energy Corp), Agreement and Plan of Merger (Chesapeake Energy Corp)
Performance of Obligations of the Company. The Company shall have performed, or complied with, in all material respects all performed or complied with the covenants and agreements and covenants required contained in this Agreement to be performed or complied with by it under this Agreement on or prior to or on the Effective TimeClosing Date.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Westlake Chemical Corp), Agreement and Plan of Merger (Axiall Corp/De/), Agreement and Plan of Merger (Cooper Tire & Rubber Co)
Performance of Obligations of the Company. The Company shall have performed, or in all material respects, all obligations and complied with, in all material respects respects, all agreements and covenants required to be performed or complied with by it under this Agreement on or prior to the Effective Time.;
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Opgen Inc), Agreement and Plan of Merger (Liposcience Inc), Agreement and Plan of Merger (Medtox Scientific Inc)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects all with the obligations, covenants and agreements and covenants required to be performed or complied with by it under this the Agreement on at or prior to the Effective TimeClosing.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Tapestry, Inc.), Agreement and Plan of Merger (Capri Holdings LTD), Agreement and Plan of Merger (SALESFORCE.COM, Inc.)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects all agreements and covenants with its obligations required to be performed or complied with by it under this Agreement on at or prior to the Effective TimeMerger Closing.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (TLB Merger Sub Inc.), Agreement and Plan of Merger (Talbots Inc), Agreement and Plan of Merger (Todd Shipyards Corp)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects with all obligations, agreements and covenants required by this Agreement to be performed or complied with by it under this Agreement on 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 the Company. The Company shall have performed, or complied with, performed in all material respects all of the obligations, and complied in all material respects with the agreements and covenants covenants, required to be performed by or complied with by it under this Agreement on at or prior to the Effective TimeClosing Date.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Energy Conversion Devices Inc), Agreement and Plan of Merger (SGX Pharmaceuticals, Inc.), Voting Agreement (Iomai Corp)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects all agreements respects, its covenants and covenants obligations under this Agreement required to be performed or complied with by it under this Agreement on at or prior to the Effective TimeClosing.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Domtar CORP), Agreement and Plan of Merger (Resolute Forest Products Inc.), Agreement and Plan of Merger (Domtar CORP)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects with all material agreements and covenants required to be performed or complied with by it under this Agreement on at or prior to the Effective TimeClosing Date.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Northwestern Corp), Agreement and Plan of Merger (Airxcel Inc), Agreement and Plan of Merger (Northwestern Corp)
Performance of Obligations of the Company. The Company shall (and/or its appropriate Subsidiaries) will have performed, or complied with, performed in all material respects all its agreements and covenants contained in or contemplated by this Agreement which are required to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Midamerican Energy Holdings Co /New/), Agreement and Plan of Merger (Puget Energy Inc /Wa), Agreement and Plan of Merger (Constellation Energy Group Inc)
Performance of Obligations of the Company. The Company shall will have performed, or performed and complied with, in all material respects with all agreements covenants and covenants obligations in this Agreement required to be performed or and complied with by it under this Agreement on 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 the Company. The Company shall have performed, or complied with, performed in all material respects any obligations and complied in all material respects with any covenants or other agreements and covenants required of the Company to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (infoGROUP Inc.), Agreement and Plan of Merger (Td Ameritrade Holding Corp), Agreement and Plan of Merger (Thinkorswim Group Inc.)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects with all agreements and covenants or obligations required to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (LAIX Inc.), Agreement and Plan of Merger (Ma Baoli), Agreement and Plan of Merger (BlueCity Holdings LTD)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects all agreements obligations and complied in all material respects with all covenants required by this Agreement to be performed or complied with by it under this Agreement on 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 the Company. The Company shall have performed, or performed and complied with, in all material respects respects, all agreements and covenants required to be performed or and complied with by it the Company under this Agreement on at or prior to the Effective TimeClosing Date.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Intercargo Corp), Agreement and Plan of Merger (Usf&g Corp), Agreement and Plan of Merger (Titan Holdings Inc)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects (or, with respect to any obligation or agreement qualified by materiality or Material Adverse Effect, in all agreements respects) all obligations and covenants required agreements, and complied in all material respects (or with respect to any covenant qualified by materiality, in all respects) with all covenants, contained in this Agreement to be performed or complied with by it under this Agreement on or prior to or on the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Meade Instruments Corp), Agreement and Plan of Merger (Meade Instruments Corp)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects with all agreements and covenants required to be performed or complied with by it under this Agreement on or prior to the Effective TimeClosing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Industrial Logistics Properties Trust), Agreement and Plan of Merger (Monmouth Real Estate Investment Corp)
Performance of Obligations of the Company. The Company shall have performed, complied with or complied with, performed in all material respects all of the Company’s covenants and agreements and covenants it is required to be performed comply with or complied with by it perform under this Agreement on at or prior to the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Zeltiq Aesthetics Inc), Agreement and Plan of Merger (Zeltiq Aesthetics Inc)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects any material obligation and complied in all agreements and covenants required material respects with any material agreement or covenant of the Company to be performed or complied with by it under this Agreement on or prior to or at the Effective Timetime of the Closing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Championship Auto Racing Teams Inc), Agreement and Plan of Merger (Championship Auto Racing Teams Inc)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects all agreements of the agreements, covenants and covenants obligations in this Agreement required to be performed or complied with by it under this Agreement on or prior to the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Treaty Oak Bancorp Inc), Agreement and Plan of Merger (State National Bancshares, Inc.)
Performance of Obligations of the Company. The Company shall will have performed, or complied with, performed in all material respects all its agreements and covenants contained in or contemplated by this Agreement which are required to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Alpine Alpha 3, Ltd.), Agreement and Plan of Merger (American Retail Group, Inc.)
Performance of Obligations of the Company. The Company shall will have performed, or performed and complied with, in all material respects all agreements respects, its agreements, obligations and covenants required to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Global Blood Therapeutics, Inc.), Agreement and Plan of Merger (Arena Pharmaceuticals Inc)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects all obligations, and complied in all material respects with the agreements and covenants covenants, required to be performed by or complied with by it under this Agreement on at or prior to the Effective TimeClosing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Arch Capital Group Ltd.), Agreement and Plan of Merger (Watford Holdings Ltd.)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects with all of the obligations, agreements and covenants required contained in this Agreement to be performed or complied with by it under this Agreement on the Company at or prior to the Effective TimeClosing pursuant to the terms of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (BioNTech SE), Agreement and Plan of Merger (Neon Therapeutics, Inc.)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects all the covenants, obligations and agreements and covenants required that are to be performed or complied with by it under this Agreement on 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 the Company. The Company shall have performed, or complied with, in all material respects performed all agreements obligations and complied with all covenants required by this Agreement to be performed or complied with by it under this Agreement on 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 the Company. The Company shall have performed, or complied with, performed in all material respects each of the obligations, and complied in all material respects with each of the agreements and covenants covenants, required to be performed by, or complied with by by, it under this Agreement on at or prior to the Effective Time.Closing; 101
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Albertsons Companies, LLC), Agreement and Plan of Merger (Rite Aid Corp)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects and complied in all material respects with all agreements and covenants required to be performed or complied with by it under this Agreement on at or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Bearing Resources Ltd.), Agreement and Plan of Merger (Li3 Energy, Inc.)
Performance of Obligations of the Company. The Company shall have performed, or performed and complied with, in all material respects with all agreements of the covenants and covenants obligations of this Agreement required to be performed or and complied with by it under this Agreement on 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 the Company. The Company shall have performed, or complied with, in all material respects all agreements and covenants the obligations required to be performed or complied with by it under this Agreement on at or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Mylan Laboratories Inc), Agreement and Plan of Merger (King Pharmaceuticals Inc)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects with all agreements and covenants required by this Agreement to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Office Properties Income Trust), Agreement and Plan of Merger (Diversified Healthcare Trust)
Performance of Obligations of the Company. The Company shall have performed, or performed and complied with, with in all material respects all agreements covenants and covenants obligations required to be performed or complied with by it under this Agreement on at or prior to the Effective Time.;
Appears in 2 contracts
Samples: Agreement and Plan of Merger (American Renal Associates Holdings, Inc.), Agreement and Plan of Merger (American Renal Associates Holdings, Inc.)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, with in all material respects all covenants and agreements and covenants required to be performed or complied with by it under this Agreement on or prior to the Effective Time.Closing Date;
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Jazz Technologies, Inc.), Agreement and Plan of Merger and Reorganization (Tower Semiconductor LTD)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects all with its agreements and covenants required by this Agreement to be performed or complied with by it under this Agreement on or prior to the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (AeroGrow International, Inc.), Agreement and Plan of Merger (SMG Growing Media, Inc.)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects all with each of the obligations, agreements and covenants required contained in this Agreement to be performed or and complied with by it under this Agreement on the Company at or prior to the Effective TimeClosing pursuant to the terms of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Timber Pharmaceuticals, Inc.), Agreement and Plan of Merger (Timber Pharmaceuticals, Inc.)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects each of its obligations under this Agreement required to be performed at or prior to the Effective Time and shall have complied in all material respects with each covenant and other agreements and covenants required of the Company to be performed or complied with by it under this Agreement on or prior to the Effective TimeAgreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Market Leader, Inc.)
Performance of Obligations of the Company. The Company shall have performed, or complied with, in all material respects all agreements with the covenants and covenants obligations of this Agreement required to be performed or and complied with by it under this Agreement on at or prior to the Effective TimeClosing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Perficient Inc), Agreement and Plan of Merger (Cvent Holding Corp.)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects all agreements and covenants of its obligations hereunder required to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Conmed Healthcare Management, Inc.), Agreement and Plan of Merger (Conmed Healthcare Management, Inc.)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects all agreements and covenants obligations required to be performed or complied with by it under this Agreement on at or prior to the Effective Time; provided, that the obligations of the Company set forth in Section 5.13(a) shall have been performed in all respects by the Company.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Accuray Inc), Agreement and Plan of Merger (TomoTherapy Inc)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects with all of the covenants and agreements and covenants required to be performed or complied with by it under this Agreement on at or prior to the Effective TimeClosing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Elanco Animal Health Inc), Agreement and Plan of Merger (Kindred Biosciences, Inc.)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects all agreements respects, the obligations contained in this Agreement and covenants required to be performed or complied with by it under this Agreement on or prior to or on the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Transaction Agreement (Chicago Bridge & Iron Co N V), Transaction Agreement (Shaw Group Inc)
Performance of Obligations of the Company. The Company shall have performed, complied with or complied with, performed in all material respects all agreements and covenants required the obligations that are to be performed or complied with by it under this Agreement on or prior to the Effective TimeAgreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (UNITED THERAPEUTICS Corp), Agreement and Plan of Merger (SteadyMed Ltd.)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects respects, all agreements and covenants or obligations required to be performed or complied with by it under this Agreement on at or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (New Frontier Public Holding Ltd.), Agreement and Plan of Merger (New Frontier Health Corp)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects all obligations, covenants and agreements and covenants required to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Mergerby (Nextera Energy Inc), Agreement and Plan of Merger (Hawaiian Electric Co Inc)
Performance of Obligations of the Company. The Company shall have performed, or performed and complied with, in each case in all material respects respects, all agreements and covenants required the obligations that are to be performed or complied with by it under this Agreement on at or prior to the Effective Time.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Frutarom LTD), Agreement and Plan of Merger (Enzymotec Ltd.)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects all agreements and covenants required of its obligations hereunder to be performed or complied with by it under this Agreement on at or prior to the Effective Time.; and
Appears in 2 contracts
Samples: Merger Agreement (PanAmSat Holding CORP), Merger Agreement (Intelsat LTD)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, in all material respects all agreements and covenants with its obligations required to be performed or complied with by it under this Agreement 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 the Company. The Company shall have performed, performed or complied with, in all material respects all with its obligations, agreements and covenants required to be performed or complied with by it under this Agreement on at or prior to the Effective TimeClosing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Revlon Inc /De/), Agreement and Plan of Merger (Elizabeth Arden Inc)
Performance of Obligations of the Company. The Company shall have performed, or complied with, in Each and all material respects all of the agreements and covenants required of the Company to be performed or and complied with by it under pursuant to this Agreement on or prior to the Parent Effective TimeTime shall have been duly performed and complied with in all material respects.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Delek US Holdings, Inc.), Agreement and Plan of Merger (Alon USA Energy, Inc.)
Performance of Obligations of the Company. The Company shall have performed, performed or complied with, with in all material respects all its agreements and covenants contained in this Agreement which are required to be performed or complied with by it under this Agreement on the Company at or prior to the Effective TimeClosing pursuant to the terms of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Chindex International Inc), Agreement and Plan of Merger (Chindex International Inc)
Performance of Obligations of the Company. The Company shall have performed, or complied with, performed in all material respects all agreements obligations, and covenants complied in all material respects with all covenants, required to be performed or complied with by it under this Agreement on or prior to the Effective TimeClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Golden Nugget Online Gaming, Inc.), Agreement and Plan of Merger (DraftKings Inc.)
