Performance by the Buyer. All of the covenants and agreements required by this Agreement to have been performed and complied with by the Buyer, if qualified by materiality, shall have been performed and complied with and, if not so qualified, shall have been performed and complied with by the Buyer in all material respects prior to or on the Closing Date. The Buyer shall have delivered to the Seller an appropriate certificate to that effect dated the Closing Date.
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Performance by the Buyer. All of the covenants and agreements required by this Agreement to have been performed and complied with by the Buyer, if qualified by materiality, shall have been performed and complied with and, if not so qualified, Buyer shall have been performed and complied with by the Buyer in all material respects prior to or on the Closing DateDate in each case. The Buyer shall have delivered to furnish the Seller with an appropriate closing certificate to that effect dated the Closing Date.
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