CONDITIONS PRECEDENT TO PERFORMANCE BY THE SELLER. The obligations of the Seller to consummate the transactions contemplated by this Agreement are subject to the fulfillment, at or before the Closing Date, of the following conditions, any one or more of which may be waived by the Seller in its sole discretion:
Appears in 6 contracts
Sources: Asset Purchase Agreement (P&f Industries Inc), Stock Purchase Agreement (Scientific Games Corp), Asset Purchase Agreement (Proformix Systems Inc)
CONDITIONS PRECEDENT TO PERFORMANCE BY THE SELLER. The obligations obligation of the Seller to consummate the transactions contemplated by this Agreement are is subject to the fulfillment, at or before the Closing DateClosing, of the following conditions, any one or more of which may be waived by the Seller in its sole discretion:
Appears in 2 contracts
Sources: Purchase Agreement (National Coal Corp), Asset Purchase Agreement (National Coal Corp)
CONDITIONS PRECEDENT TO PERFORMANCE BY THE SELLER. The obligations obligation of the Seller to consummate effect the transactions contemplated by this Agreement are Closing is subject to the fulfillment, at or before the Closing DateClosing, of the following conditions, any one or more of which may be waived in writing by the Seller in its sole discretion:
Appears in 2 contracts
Sources: Asset Purchase Agreement (Colony Financial, Inc.), Asset Purchase Agreement (Colony Financial, Inc.)
CONDITIONS PRECEDENT TO PERFORMANCE BY THE SELLER. The obligations of the Seller to consummate the transactions contemplated by this Agreement are is subject to the fulfillment, at or before the Closing Date, of the following conditions, any one or more of which may be waived by the Seller in its sole discretion:
Appears in 2 contracts
Sources: Purchase Agreement (Level 3 Communications Inc), Purchase Agreement (Leucadia National Corp)
CONDITIONS PRECEDENT TO PERFORMANCE BY THE SELLER. The obligations of the Seller to consummate the transactions contemplated by this Agreement are subject to the fulfillment, at or before the Closing Date, of the following conditions, any one or more of which (other than Section 10.4) may be waived by the Seller in its his sole discretion:
Appears in 1 contract
CONDITIONS PRECEDENT TO PERFORMANCE BY THE SELLER. The obligations of the Seller to consummate the transactions contemplated by this Agreement are subject to the fulfillment, at or before the Closing Date, of the following conditions, any one or more of which (other than Section 8.3) may be waived (in writing) in whole or in part by the Seller in its sole discretiondiscretion at or prior to the Closing Date:
Appears in 1 contract
CONDITIONS PRECEDENT TO PERFORMANCE BY THE SELLER. The obligations of the Seller Parties to consummate the transactions contemplated by this Agreement are subject to the fulfillment, at or before the Closing Date, of the following conditions, any one or more of which may be waived by the Seller Parties in its sole discretion:
Appears in 1 contract
CONDITIONS PRECEDENT TO PERFORMANCE BY THE SELLER. The obligations of the Seller to consummate the transactions contemplated by this Agreement are subject to the fulfillment, at or before the Closing Date, of the following conditions, any one or more of which (except for the conditions set forth in Sections 11.3(b) and 11.5 of this Agreement) may be waived by the Seller in its sole discretion:
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