Common use of Performance by Seller Clause in Contracts

Performance by Seller. The performance and observance, in all material respects, by Seller of all covenants and agreements of this Agreement to be performed or observed by Seller prior to or on the Closing Date (including, without limitation, the delivery by Seller of all items required under paragraph 5B(1) below) shall be a condition precedent to Buyer's obligation to purchase the Property.

Appears in 2 contracts

Sources: Purchase Agreement (JMB Income Properties LTD X), Purchase Agreement (JMB Income Properties LTD Xii)

Performance by Seller. The As a condition precedent to Buyer’s obligation to buy the Property, the performance and observance, in all material respects, by Seller of all covenants and agreements of in this Agreement to be performed or observed by Seller prior to or on the Closing Date (including, without limitation, the delivery by Seller of all items required under paragraph 5B(1) below) shall be a condition precedent to Buyer's ’s obligation to purchase the PropertyProperty pursuant to this Agreement. Additionally, as a condition to Buyer’s obligation to close, all of Seller’s representations and warranties stated herein shall be true and correct in all material respects as of the Closing Date.

Appears in 2 contracts

Sources: Purchase and Sale Agreement, Purchase and Sale Agreement

Performance by Seller. The performance and observance, in all material respects, by Seller of all covenants and agreements of in this Agreement to be performed or observed by Seller prior to or on the Closing Date (including, without limitation, the delivery by Seller of all items required under paragraph 5B(1) below) shall be a condition precedent to Buyer's ’s obligation to purchase the PropertyProperty pursuant to this Agreement. Additionally, as a condition to Buyer’s obligation to close, all of Seller’s representations and warranties stated herein shall be true and correct in all material respects as of the Closing Date.

Appears in 2 contracts

Sources: Purchase and Sale Agreement, Purchase and Sale Agreement

Performance by Seller. The performance and observance, in all material respects, by Seller of all covenants and agreements of this Agreement to be performed or observed by Seller prior to or on the Closing Date (including, without limitation, the delivery by Seller of all items required under paragraph 5B(1) below) shall be a condition precedent to Buyer's ’s obligation to purchase the Property.

Appears in 1 contract

Sources: Purchase Agreement (BLACK CREEK INDUSTRIAL REIT IV Inc.)

Performance by Seller. The As a condition precedent to Buyer's obligation to buy the Property, the performance and observance, in all material respects, by Seller of all covenants and agreements of in this Agreement to be performed or observed by Seller prior to or on the Closing Date (including, without limitation, the delivery by Seller of all items required under paragraph 5B(1) below) shall be a condition precedent to Buyer's obligation to purchase the PropertyProperty pursuant to this Agreement. Additionally, as a condition to Buyer's obligation to close, all ofSeller's representations and warranties stated herein shall be true and correct in all material respects as ofthe Closing Date.

Appears in 1 contract

Sources: Purchase and Sale Agreement

Performance by Seller. The performance and observance, in all material respects, by Seller of all covenants and agreements of in this Agreement to be performed or observed by Seller prior to or on the Closing Date (including, without limitation, the delivery by Seller of all items required under paragraph 5B(1) below) shall be a condition precedent to Buyer's ’s obligation to purchase the PropertyProperty pursuant to this Agreement. Additionally, as a condition to ▇▇▇▇▇’s obligation to close, all of Seller’s representations and warranties stated herein shall be true and correct in all material respects as of the Closing Date.

Appears in 1 contract

Sources: Purchase and Sale Agreement

Performance by Seller. The performance and observance, observance in all material respects, respects by Seller of all covenants and agreements of this Agreement to be performed or observed by Seller prior to or on the Closing Date (including, without limitation, and the delivery by Seller truth and correctness of all items required under paragraph 5B(1) below) representations and warranties of Seller made herein all material respects shall each be a condition precedent to Buyer's obligation to purchase the Property. Buyer shall have the option to waive the condition precedent set forth herein by notice to Seller. In the event of such waiver, such condition shall be deemed satisfied.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Rich Uncles NNN REIT, Inc.)