Notwithstanding Sections. 1.1 and 1.2.1, if by December 31, 1998, none of the following conditions has been met: (a) the Alternative Merger has become legally possible; (b) the SEC has approved the application for the Merger under the 1935 Act; (c) the SEC staff has recommended that the SEC approve the application for the Merger under the 1935 Act, or (d) the 1935 Act has been, or subject only to the passage of time up to the time specified in Section 8.1.2
Appears in 2 contracts
Sources: Agreement and Plan of Merger (Nipsco Industries Inc), Merger Agreement (Bay State Gas Co /New/)