Acquisition Sub. Parent will take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Merger on the terms and conditions set forth in this Agreement and (b) ensure that, prior to the Effective Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness or make any investments, other than as specifically contemplated by this Agreement.
Appears in 8 contracts
Sources: Merger Agreement (Sierra Income Corp), Merger Agreement (Barings BDC, Inc.), Agreement and Plan of Merger (Portman Ridge Finance Corp)
Acquisition Sub. Parent will take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Offer and the Merger on the terms and conditions set forth in this Agreement, (b) cause the Surviving Corporation to perform its obligations under this Agreement and (bc) ensure that, prior to the Effective Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness business or make any investments, investments other than as specifically contemplated by this Agreement, or incur or guarantee any indebtedness.
Appears in 3 contracts
Sources: Merger Agreement (Peerless Systems Corp), Merger Agreement (Steinway Musical Instruments Inc), Merger Agreement (Steinway Musical Instruments Inc)
Acquisition Sub. Parent will take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Offer and the Merger on the terms and conditions set forth in this Agreement and (b) ensure that, prior to the Effective Acceptance Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness business or make any investments, investments other than as specifically contemplated by this Agreement, or incur or guarantee any indebtedness.
Appears in 3 contracts
Sources: Merger Agreement (Millennial Media Inc.), Merger Agreement (Dealertrack Technologies, Inc), Merger Agreement (AOL Inc.)
Acquisition Sub. Parent will shall take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate Offer and the First Merger on the terms and conditions set forth in this Agreement and (b) ensure that, prior to the Effective Offer Acceptance Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness or make any investments, other than as specifically contemplated by this Agreement. Any Consent or waiver by Parent under this Agreement shall be deemed to also be a Consent or waiver by Acquisition Sub.
Appears in 2 contracts
Sources: Merger Agreement (Mr. Cooper Group Inc.), Merger Agreement (Home Point Capital Inc.)
Acquisition Sub. Parent will take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Offer or the Merger on the terms and conditions set forth in this Agreement and (b) ensure that, prior to the Effective Acceptance Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness business or make any investments, investments other than as specifically contemplated by this Agreement, or incur or guarantee any indebtedness.
Appears in 2 contracts
Sources: Merger Agreement (Harland Clarke Holdings Corp), Merger Agreement (Valassis Communications Inc)
Acquisition Sub. Parent will take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Merger on the terms and conditions set forth in this Agreement and (b) ensure that, prior to the Effective TimeClosing, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness business or make any investments, investments other than as specifically contemplated by this Agreement, or incur or guarantee any Indebtedness.
Appears in 2 contracts
Sources: Merger Agreement (Revlon Inc /De/), Merger Agreement (Elizabeth Arden Inc)
Acquisition Sub. Parent will take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Offer and the Merger on the terms and conditions set forth in this Agreement and (b) ensure that, prior to the Effective Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness business or make any investments, investments other than as specifically contemplated by this Agreement, or incur or guarantee any indebtedness.
Appears in 2 contracts
Sources: Merger Agreement (Epicor Software Corp), Merger Agreement (Gymboree Corp)
Acquisition Sub. Parent will shall take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Merger on the terms and conditions set forth in this Agreement and (b) ensure that, prior to the Effective Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness or make any investments, other than as specifically contemplated by this Agreement. Any Consent or waiver by Parent under this Agreement shall be deemed to also be a Consent or waiver by Acquisition Sub.
Appears in 2 contracts
Sources: Merger Agreement (Servicesource International, Inc.), Merger Agreement (Corelogic, Inc.)
Acquisition Sub. Parent will shall take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Merger on the terms and conditions set forth in this Agreement and (b) ensure that, prior to the Effective Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness or make any investments, other than as specifically contemplated by this Agreement.
Appears in 2 contracts
Sources: Merger Agreement, Merger Agreement (Compuware Corp)
Acquisition Sub. Parent will take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Company Merger on the terms and conditions set forth in this Agreement and (b) ensure that, that Acquisition Sub prior to the Company Merger Effective Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness Indebtedness or make any investments, other than as specifically contemplated by this Agreement.
Appears in 2 contracts
Sources: Merger Agreement (Ares Capital Corp), Merger Agreement (American Capital, LTD)
Acquisition Sub. Parent will take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Merger on the terms and conditions set forth in this Agreement and (b) ensure that, prior to the Effective Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness or make any investments, other than as specifically contemplated by this AgreementAgreement (including the Financing Commitments).
Appears in 1 contract
Acquisition Sub. Parent will shall take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Merger on the terms and conditions set forth in this Agreement and (b) ensure that, prior to the Effective Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness Indebtedness or make any investments, other than as specifically contemplated by this AgreementAgreement or the Financing Agreements.
Appears in 1 contract
Sources: Merger Agreement (Hardinge Inc)
Acquisition Sub. Parent will take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Offer and the Merger on the terms and conditions set forth in this Agreement, (b) cause the Surviving Corporation to perform its obligations under this Agreement and (bc) ensure that, prior to the Effective Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness business or make any investments, investments other than as specifically contemplated by this Agreement, or incur or guarantee any Indebtedness.
Appears in 1 contract
Sources: Merger Agreement (Kaydon Corp)
Acquisition Sub. Parent will take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Merger on the terms and conditions set forth in this Agreement, (b) cause the Surviving Corporation to perform its obligations under this Agreement and (bc) ensure that, prior to the Effective Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness business or make any investments, investments other than as specifically contemplated by this Agreement, or incur or guarantee any indebtedness.
Appears in 1 contract
Acquisition Sub. Parent will take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Offer or the Merger on the terms and conditions set forth in this Agreement and (b) ensure that, prior to the Effective Acceptance Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness business or make any investments, investments other than as specifically contemplated by this Agreement, or incur or guarantee any indebtedness other than as contemplated by any Available Financing.
Appears in 1 contract
Acquisition Sub. Parent will take all actions necessary to (a) cause Acquisition Sub to perform its obligations under this Agreement and to consummate the First Merger on the terms and conditions set forth in this Agreement and (b) ensure that, prior to the Effective Time, Acquisition Sub shall not conduct any business, or incur or guarantee any indebtedness or make any investments, other than as specifically contemplated by this Agreement.
Appears in 1 contract