Common use of Performance of Obligations of Parent and Merger Sub Clause in Contracts

Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed all obligations required to be performed by them under this Agreement at or prior to the Closing Date, except where any such failure, individually and in the aggregate, would not have a Parent Material Adverse Effect, and SMB shall have received a certificate signed on behalf of Parent and Merger Sub by the Chief Executive Officer of Parent and Merger Sub to such effect.

Performance of Obligations of Parent and Merger Sub. Parent and Merger Sub shall have performed in all material respects the respective obligations required to be performed by them under this Agreement at or prior to the Closing DateAgreement, except where any for such failurefailures to perform which, individually and or in the aggregate, would not reasonably be expected to have a Parent Material Adverse Effect, ; and SMB the Company shall have received a certificate signed on behalf of Parent and Merger Sub by the Chief Executive Officer an executive officer of Parent and Merger Sub to such effect.; and