Common use of Due Performance Clause in Contracts

Due Performance. Seller has in all material respects performed all obligations required to be performed by it under, and is not in default in any material respect under, or in violation in any material respect of, its Certificate of Incorporation or by-laws, as amended, or any agreement, lease, mortgage, note, bond, indenture, license or other documents or undertaking, oral or written, to which it is a party or by which it is bound, or by which it or any of its properties or assets may be materially affected. To the best of its knowledge, Seller is not in violation or default in any material respect of any order, regulation, injunction or decree of any court, administrative agency or governmental body. The execution and delivery of this Agreement, and the consummation of the transactions contemplated hereby will not result in any of the violations or defaults referred to in this paragraph.

Due Performance. Seller has in all material respects performed all obligations required to be performed by it under, and is not in default in any material respect under, or in violation in any material respect of, its Certificate of Incorporation or by-laws, as amended, or any agreement, lease, mortgage, note, bond, indenture, license license, or other documents or undertaking, oral or written, relating to the Properties to which it he is a party or by which it he is bound, or by which it or any of its properties or assets the Properties may be materially affected. To Except as expressly set forth on the best Statement of its knowledgeIssues annexed hereto as Schedule 3, Seller is not in violation or default in any material respect of any judicial, administrative, or governmental order, writ, rule, regulation, injunction injunction, or decree of any court, administrative agency or governmental bodyrelating to the Properties. The execution and delivery of this Agreement, and the consummation of the transactions contemplated hereby hereby, will not result in any of the violations violation or defaults default referred to in this paragraph.

Due Performance. Seller has in all material respects performed all obligations required to be performed by it underhereunder, and is not in default in any material respect underhereunder, or in violation in any material respect of, of its Certificate of Incorporation or by-lawsbylaws, as amended, or any agreement, lease, mortgage, note, bond, indenture, license or other documents or undertaking, oral or written, to which it is a party or by which it is bound, or by which it or any of its properties or assets may be materially affected. To the best of its knowledge, Seller is not in violation or default in any material respect of any order, regulation, injunction or decree of any court, administrative agency or governmental body. The execution and delivery of this Agreement, and the consummation of the transactions contemplated hereby will not result in any of the violations or defaults referred to in this paragraph.

Due Performance. Seller has in all material respects performed all obligations required to be performed by it under, and is not in default in any material respect under, or in violation in any material respect of, its Certificate Articles of Incorporation and By-laws (or by-lawssimilar governing documents), as amended, or any agreement, lease, mortgage, note, bond, indenture, license or other documents document or undertaking, oral or written, to which it is a party or by which it is bound, or by which it or any of its properties properties, assets or assets technology may be materially affected. To the best of its knowledge, Seller is not in violation or default in any material respect of any order, regulation, injunction or decree of any court, administrative agency or governmental body. The execution and delivery of this Agreement, and the consummation of the transactions contemplated hereby will not result in any of the violations or defaults referred to in this paragraph.