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 (or any non-performance shall have been cured) in all material respects all obligations required to be performed by them under this Agreement at or prior to the Closing Date.

Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed (or any non-performance shall have been cured) in all material respects all of its obligations required to be performed by them it under this Agreement at or prior to the Closing DateDate (without giving effect to any materiality or Material Adverse Effect qualifications contained therein), except where the failure to perform such obligations, individually or in the aggregate, would not prevent or materially delay consummation of the Merger.

Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed (or any non-performance shall have been cured) in all material respects all obligations required to be performed by them it under this Agreement at or prior to the Closing DateDate (it being understood that non-compliance cured in accordance with this Agreement will not be taken into account).

Performance of Obligations of Parent and Merger Sub. Each of Parent and Merger Sub shall have performed (or any non-performance shall have been curedi) in all material respects all obligations (other than pursuant to Section 5.1(b)) required to be performed by them it under this Agreement at or prior to the Closing Date and (ii) in all respects all of its obligations required to be performed by it under Section 5.1(b) at or prior to the Closing Date, except where the failure to perform such obligations, individually or in the aggregate, would not prevent or materially delay consummation of the Merger.