Common use of CERTAIN CONDITIONS TO THE OBLIGATIONS OF THE COMPANY AND THE STOCKHOLDERS Clause in Contracts

CERTAIN CONDITIONS TO THE OBLIGATIONS OF THE COMPANY AND THE STOCKHOLDERS. The obligations of the Company and the Stockholders with respect to the actions to be taken by them at or before the Closing are subject to the satisfaction on or before the date of the Closing, or waiver by them pursuant to Section 11.05, of all the conditions set forth in Sections 7.02(a) and 7.03. The obligations of the Stockholders with respect to the actions to be taken on the IPO Closing Date are subject to the satisfaction on that date of the following conditions: (i) the Transferors' Agreement and each of the New Employment Agreements then shall be in full force and effect; (ii) at the special meeting of the holders of the Company Common Stock to be held pursuant to Section 2.07 of this Agreement, the holders of at least a majority of the outstanding shares of voting Company Common Stock, and of at least a majority of the outstanding shares of non-voting Company Common Stock, shall have approved the Merger and the plan of merger described in this Agreement; and (iii) all the conditions set forth in Sections 7.02(b) and 7.03.

CERTAIN CONDITIONS TO THE OBLIGATIONS OF THE COMPANY AND THE STOCKHOLDERS. The obligations of the Company and the Stockholders with respect to the actions to be taken by them at or before the Closing are subject to the satisfaction on or before the date of the Closing, or waiver by them pursuant to Section 11.05, of all the conditions set forth in Sections 7.02(a) and 7.03. The obligations of the Stockholders with respect to the actions to be taken on the IPO Closing Date are subject to the satisfaction on that date of the following conditions: (i) the Transferors' Agreement and each of the New Employment Agreements then shall be in full force and effect; (ii) at the special meeting of the holders of the Company Common Stock to be held pursuant to Section 2.07 of this Agreement, the holders of at least a majority two-thirds of the outstanding shares of voting Company Common Stock, and of at least a majority of the outstanding shares of non-voting Company Common Stock, Stock shall have approved the Merger and the plan of merger described in this Agreement; and (iii) all the conditions set forth in Sections 7.02(b) and 7.03.