Additional Conditions to Obligation of the Company to Effect the Merger. The obligations of the Company to effect the Merger shall be subject to the satisfaction (or waiver) at or prior to the Effective Time of the following conditions: (a) Parent and Purchaser shall have performed in all material respects all of their respective covenants and agreements required to be performed by them under this Agreement at or prior to the Closing Date. (b) The representations and warranties made herein by Parent and Purchaser shall have been true and correct in all material respects on the date of this Agreement and as of the Effective Time, except to the extent that any such representation or warranty is made as of a specified date, in which case such representation or warranty shall have been true and correct as of such date.
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Sources: Merger Agreement (Dillard Department Stores Inc), Merger Agreement (Mercantile Stores Co Inc)
Additional Conditions to Obligation of the Company to Effect the Merger. The obligations obligation of the Company to effect the Merger shall be subject to the satisfaction fulfillment (or waiver) at or prior or, to the Effective Time extent permissible, waiver by the Company) of the following conditions:
: (ai) each of Parent and Purchaser Sub shall have performed in all material respects all each of their respective covenants and its material agreements contained in this Agreement required to be performed by them under this Agreement at or prior to the Closing Date.
Effective Time, and (bii) The each of the representations and warranties made herein by of Parent and Purchaser Sub contained in this Agreement shall have been be true and correct in all material respects on the date of this Agreement and as of at the Effective Time, except to the extent that any such representation or warranty is Time as if made as of such time (other than representations and warranties which address matters only as of a specified date, in certain date which case such representation or warranty shall have been be true and correct as of such certain date).
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