No Financing Condition. For the avoidance of doubt, the obligation of Parent and Merger Sub to close the transactions contemplated by this Agreement is not conditioned upon the consummation of the Financing and, accordingly, the Parties agree that a failure of Parent and Merger Sub to close the transactions contemplated by this Agreement resulting from a failure or inability to consummate the Financing constitutes a breach for purposes of this Agreement.
Appears in 4 contracts
Sources: Merger Agreement (Terra Industries Inc), Merger Agreement (CF Industries Holdings, Inc.), Agreement and Plan of Merger (CF Industries Holdings, Inc.)
No Financing Condition. For the avoidance of doubt, the obligation of Parent and Merger Sub Purchaser to close the transactions contemplated by this Agreement Transactions is not conditioned upon the consummation of the Financing any financing transaction and, accordingly, the Parties parties hereto agree that a failure of Parent and Merger Sub Purchaser to close the transactions contemplated by this Agreement Transactions resulting from a failure or inability to consummate the Financing any financing transaction constitutes a breach for purposes of this Agreement.
Appears in 2 contracts
Sources: Merger Agreement (Intelligroup Inc), Merger Agreement (Intelligroup Inc)
No Financing Condition. For the avoidance of doubt, the obligation of Parent and Merger Sub to close the transactions contemplated by this Agreement is conditioned upon the receipt of the Parent Stockholder Approval but is not conditioned upon the consummation of the Financing and, accordingly, the Parties agree that a failure of Parent and Merger Sub to close the transactions contemplated by this Agreement resulting from a failure or inability to consummate the Financing constitutes a breach for purposes of this Agreement.. 51
Appears in 1 contract
Sources: Merger Agreement
No Financing Condition. For the avoidance of doubt, the obligation of Parent and Merger Sub Subsidiary to close the transactions contemplated by this Agreement is not conditioned upon the consummation of the Financing and, accordingly, the Parties parties hereto agree that a failure of Parent and Merger Sub Subsidiary to close the transactions contemplated by this Agreement resulting from a failure or inability to consummate the Financing constitutes a breach for purposes of this Agreement, enforceable subject to the limitations set forth in Section 9.02(c).
Appears in 1 contract
Sources: Merger Agreement (Polymer Group Inc)
No Financing Condition. For the avoidance of doubt, the obligation of Parent and Merger Sub to close the transactions contemplated by this Agreement is conditioned upon the receipt of the Parent Stockholder Approval but is not conditioned upon the consummation of the Financing and, accordingly, the Parties agree that a failure of Parent and Merger Sub to close the transactions contemplated by this Agreement resulting from a failure or inability to consummate the Financing constitutes a breach for purposes of this Agreement.
Appears in 1 contract