Common use of Performance of Covenants Clause in Contracts

Performance of Covenants. The Company and the Sellers shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in this Agreement to be performed or complied with by them prior to or at the Closing Date.

Performance of Covenants. The Company and the Sellers shall have performed in all material respects all obligations and agreements, and complied in all material respects with each All of the covenants and conditions, agreements of the Company contained in this Agreement and required to be performed on or complied with by them prior to or at the Closing DateDate shall have been performed in a manner satisfactory in all respects to Purchasers.

Performance of Covenants. The Each Company and the Sellers each Seller shall have performed in and complied with all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in obligations required by this Agreement to be performed or complied with by them such party prior to or at the Closing DateClosing.

Performance of Covenants. The Each Target Company and the Sellers shall have performed and complied with, in all material respects respects, all obligations and agreements, and complied in all material respects with each of the its covenants and conditions, contained obligations set forth in this Agreement required hereby to be performed or complied with by them prior to at or at before the Closing Date(to the extent that such covenants and obligations require performance by the Company at or before Closing).

Performance of Covenants. The Company Each of the Buyers and the Sellers shall their Affiliates will have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants all agreements and conditions, contained in obligations required by this Agreement to be performed or complied with by them at or prior to or at the Closing DateClosing.

Performance of Covenants. The Company and the Sellers shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the its covenants and conditions, obligations contained in this Agreement to be performed on or complied with by them prior to or at the Closing Date, and Buyer shall have received a certificate to such effect, executed by the Company and dated as of the Closing Date, in form satisfactory to Buyer.

Performance of Covenants. The Each of the Company and the Sellers shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the all covenants and conditions, contained agreements required in this Agreement to be performed or complied with by them prior to or at the Closing Date.;

Performance of Covenants. The Company and the Sellers shall each Seller will have performed in and complied with all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in obligations required by this Agreement to be performed or complied with by them such party prior to or at the Closing DateClosing.

Performance of Covenants. The Company and the Sellers Seller shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in this Agreement to be performed or complied with by them prior to or at the Closing Date.

Performance of Covenants. The Company Sellers and the Sellers Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in provisions of this Agreement required to be performed or complied with by them on or prior to or at the Closing Date.

Performance of Covenants. The Company Seller and the Sellers Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the all covenants and conditions, contained in agreements required by this Agreement to be performed or complied with by them Seller and the Company prior to or at the Closing DateClosing.

Performance of Covenants. The Company Target Companies and the Sellers Seller shall have performed and complied with in all material respects all obligations and agreements, and complied in all material respects with each of the their respective covenants and conditions, contained in this Agreement agreements required to be performed or complied with by them under this Agreement prior to or at the Closing Date.

Performance of Covenants. The Each of the Company and the Sellers Seller shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the all covenants and conditions, contained agreements required in this Agreement to be performed or complied with by them prior to or at the Closing Date.;

Performance of Covenants. The Company Sellers and the Sellers Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants all covenants, obligations and conditions, contained in this Agreement agreements to be performed or complied with by them prior Sellers or the Company on or before the Closing Date pursuant to this Agreement or any schedule or exhibit hereto, including, but not limited to, the transfer of the Shares to Buyer in the manner set forth herein, and Sellers and a duly authorized officer of the Company shall so certify at the Closing DateClosing.

Performance of Covenants. The Company Sellers and the Sellers Company shall both have performed in all material respects all obligations and agreements, and or complied in all material respects with each of the their respective agreements and covenants and conditions, contained in required by this Agreement to be performed or complied with by them prior to or at the Closing DateClosing.

Performance of Covenants. The Company and the Sellers shall have performed and complied with in all material respects all obligations and agreements, and complied in all material respects with each of the their respective covenants and conditions, contained in this Agreement agreements required to be performed or complied with by them under this Agreement prior to or at the Closing DateDate and Buyer shall have received a certificate from each of the Company and each Seller certifying as to the foregoing.

Performance of Covenants. The Company and Vendors will have fulfilled, performed or complied with, or caused the Sellers shall have performed in Corporation to fulfill, perform or comply with all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, obligations contained in this Agreement required by them to be fulfilled, performed or complied with by them prior to at or at before the Closing DateTime, in all respects.

Performance of Covenants. The Company Seller and the Sellers Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in this Agreement obligations required to be performed or complied with by them the Seller and the Company, as applicable, under this Agreement prior to or at the Closing DateClosing.

Performance of Covenants. The Company Seller and the Sellers Company shall have performed in all material respects all obligations and agreements, and or complied in all material respects with each of the all obligations, agreements and covenants and conditions, contained in this Agreement hereunder to be performed or complied with by them prior to each of them, respectively, on or at before the Closing Date.

Performance of Covenants. The Company Seller and the Sellers Companies shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in this Agreement agreements required to be performed or complied with by them completed prior to or at on closing, including completion of the Closing Datedeliveries required by Section 5.3 of this Agreement.

Performance of Covenants. The Company and the Sellers each Seller shall have performed in and complied with all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in obligations required by this Agreement to be performed or complied with by them such party prior to or at the Closing DateClosing.

Performance of Covenants. The Company Company, its Subsidiaries and the Sellers shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the all covenants and conditions, contained in this Agreement to be performed or complied with by them the Company, its Subsidiaries or Sellers prior to or at the Closing Date.

Performance of Covenants. The Company Seller and the Sellers Principal Shareholders shall have performed in all material respects have performed all covenants and obligations and agreements, and complied in with all material respects with each of the covenants and conditions, contained in conditions required by this Agreement to be performed or complied with by them on or prior to or at the Closing Date.

Performance of Covenants. The Company and the Sellers shall have performed in or complied with all material respects all obligations and of the agreements, and complied in all material respects with each of the covenants and conditions, contained in conditions required by this Agreement to be performed or complied with by them prior to or at the Closing DateClosing.

Performance of Covenants. The Company Seller and the Sellers shall Companies will have performed and complied with, in all material respects respects, all obligations and obligations, agreements, and complied in all material respects with each of the covenants and conditions, contained in this Agreement required to be performed by, or complied with by by, them under this Agreement at or prior to or at the Closing DateClosing.

Performance of Covenants. The Company and the Sellers shall have performed in all material respects all of their respective obligations and agreements, and complied in all material respects with each all of the their respective agreements and covenants and conditions, contained in this Agreement to be performed or complied with by each of them under this Agreement at or prior to or at the Closing DateClosing.

Performance of Covenants. The Company Sellers’ Representative, Sellers and the Sellers shall Company will have performed in all material respects all obligations and agreements, and complied in all material respects with each of the all their covenants and conditions, contained in this Agreement agreements required to be performed or complied with by them pursuant to the Transaction Agreements prior to or at the Closing Date.

Performance of Covenants. The Company and Each of the Company, the Sellers and Mikitarian shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the all covenants and conditions, contained agreements required in this Agreement to be performed or complied with by them prior to or at the Closing Date.;

Performance of Covenants. The Company Target Companies and the Sellers shall have performed in all material respects all obligations and agreements, and complied in all material respects with each all of the their respective covenants and conditions, contained in this Agreement agreements required to be performed or complied with by them under this Agreement at or prior to or at the Closing DateClosing.

Performance of Covenants. The Company Sellers and the Sellers Company shall have performed or complied with in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in agreements required to be performed or complied with by Sellers and the Company under this Agreement to be performed or complied with by them on or prior to or at the Closing Date.

Performance of Covenants. The Company Company, the Seller Representative and the Sellers shall have performed in all material respects all obligations and agreements, and complied in all material respects with each all of the their covenants and conditions, contained in this Agreement agreements required to be performed or complied with by them pursuant to the Transaction Documents prior to or at the Closing Date.

Performance of Covenants. The Company Each of the covenants and obligations that the Sellers Company, and/or Sellers, are required to comply with or to perform at or prior to the Closing shall have been complied with and performed in all material respects respects. Specifically, Shares constituting all obligations and agreements, and complied in all material respects with each of the covenants issued and conditions, contained in this Agreement outstanding share capital of the Company shall be purchased by the Buyer pursuant to be performed or complied with by them prior to or at the Closing Dateterms hereof.

Performance of Covenants. The Company Sellers, the Seller Representative and the Sellers Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in this Agreement obligations required to be performed or complied with by them the Sellers, the Seller Representative and the Company under Section 7.1 (Conduct of Business Prior to the Closing) prior to or at the Closing DateClosing.

Performance of Covenants. The Company Each of the Company, the Representative and the Sellers shall have performed and complied with in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in this Agreement agreements to the extent required to be performed or complied with by them him, her or it under this Agreement prior to or at on the Closing Date.

Performance of Covenants. The Company Seller and the Sellers Company shall have performed in all material respects all its obligations and agreements, and complied in all material respects with each of the its covenants and conditions, contained in this Agreement agreements required to be performed or complied with by them on or prior to or at the Closing Date.Closing, including the delivery of the executed Assignment Agreement by Seller and the Company to Buyer;

Performance of Covenants. The Company and the Sellers shall each Seller will have performed in all material respects all obligations and agreements, and complied in all material respects with each of the all agreements, covenants and conditions, contained in obligations required by this Agreement to be performed or complied with by them such Party prior to or at the Closing DateClosing.

Performance of Covenants. The Company Each Seller and the Sellers Company shall have performed and complied with in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, agreements contained in this Agreement which are required to be performed or complied with by them at or prior to or at the Closing. In addition, the Purchaser shall have received a certificate, dated as of the Closing Date, of the Seller Representative and a duly authorized officer of the Company, affirming that the condition set forth in this paragraph (b) (as it relates to the covenants and agreements of the Sellers or the Company, as the case may be) has been satisfied.

Performance of Covenants. The Company Each Seller and the Sellers Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the all covenants and conditions, contained in obligations under this Agreement required to be performed or and complied with by them such Seller or the Company prior to or at as of the Closing DateClosing.

Performance of Covenants. The Company Company, Read-Rite and the Sellers Investors shall have performed performed, in all material respects respects, all obligations and agreements, and complied in with all material respects with each of the covenants and conditions, contained in conditions required by this Agreement to be performed or complied with by them on or prior to or at the Closing Date.

Performance of Covenants. The Company Seller and the Sellers Company shall have performed in all material respects all its obligations and agreements, and complied in all material respects with each of the its covenants and conditions, contained in this Agreement agreements required to be performed or complied with by them on or prior to or at the Closing Date.

Performance of Covenants. The Company Sellers and the Sellers Acquired Companies shall have performed and complied with in all material respects all obligations and agreements, and complied in all material respects with each of the their covenants and conditions, agreements contained in this Agreement to be performed on or complied with by them prior to or at the Closing Date.

Performance of Covenants. The Company and the Sellers Seller shall have performed in and complied with all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in obligations required by this Agreement to be performed or complied with by them such party prior to or at the Closing DateClosing.

Performance of Covenants. The Company Companies and the Sellers Seller shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the all agreements, covenants and conditions, contained in obligations required by this Agreement to be performed or complied with by them such party prior to or at the Closing DateClosing.

Performance of Covenants. The Company Sellers and the Sellers Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in this Agreement obligations required to be performed or complied with by them the Sellers and the Company under this Agreement prior to or at the Closing DateClosing.

Performance of Covenants. The Company Company, each Seller and the Sellers ▇▇▇▇▇▇▇▇ shall have performed in all material respects all obligations and agreements, and or complied in all material respects with each all of the covenants and conditions, contained agreements in this Agreement to be performed or complied with by them prior to or at the Closing DateClosing.

Performance of Covenants. The Company Seller and the Sellers Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in this Agreement obligations required to be performed or complied with by them the Seller and the Company under this Agreement prior to or at the Closing DateClosing, other than the obligations set forth in Section 7.1(b)(i), which shall be performed and complied with in all respects.

Performance of Covenants. The Company Target Companies, Sellers’ Representative and the Sellers Seller Parties shall have performed in all material respects all obligations and agreements, and complied in all material respects with each all of the their respective covenants and conditions, contained in this Agreement agreements required to be performed or complied with by them under this Agreement, any Ancillary Agreement and any Joinder, as applicable, prior to or at the Closing Date.

Performance of Covenants. The Company Sellers and the Sellers Companies shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the their covenants and conditions, contained in this Agreement agreements required to be performed or complied with by them pursuant to the Transaction Documents prior to or at the Closing DateClosing.

Performance of Covenants. The Company Company, the Seller Representative and the Sellers shall have performed in all material respects all obligations and agreements, and complied in all material respects with each all of the their covenants and conditions, contained in this Agreement agreements required to be performed or complied with by them pursuant to the Transaction Documents prior to or at the Closing Date.

Performance of Covenants. The Company Company, each Principal Stockholder and the all other Sellers shall have performed in all material respects all obligations and agreements, and or complied in all material respects with each all of the agreements and covenants and conditions, contained in required by this Agreement to be performed or complied with by them prior to before or at the Closing DateClosing.

Performance of Covenants. The Company and the Sellers each Seller shall have materially performed in and complied with all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in obligations required by this Agreement to be performed or complied with by them such party prior to or at the Closing DateClosing.

Performance of Covenants. The Company and the Sellers shall Vendors will have performed in all material respects all obligations and agreements, and or complied in all material respects with each of the covenants all covenants, agreements and conditions, contained in obligations required by this Agreement to be performed or complied with by them the Company or any of the Vendors on or prior to or at the Closing Effective Date.

Performance of Covenants. The Company, the Seller Representative and the Sellers shall have performed and complied in all material respects with all of their covenants and agreements required to be performed by them prior to the Closing Date under this Agreement. The Company and the Sellers shall have performed in delivered to the Purchaser all material respects all obligations and agreements, and complied in all material respects with each of other documents that are required to be delivered by them to the covenants and conditions, contained in Purchaser pursuant to this Agreement on or prior to the Closing, including without limitation the deliverables required to be performed or complied with delivered by them prior to or the Sellers at the Closing Datepursuant to Section 2.2.

Performance of Covenants. The Company Sellers and the Sellers Acquired Company shall have performed and complied with in all material respects respects, all obligations and agreements, and complied in all material respects with each of the their covenants and conditions, agreements contained in this Agreement to be performed on or complied with by them prior to or at the Closing Date.

Performance of Covenants. The Company and each of the Sellers Seller shall have performed and complied with, in all material respects respects, all obligations and agreements, and complied in all material respects with each of the their covenants and conditions, contained in this Agreement to be performed at or complied with by them prior to or at before the Closing Date(to the extent that such covenants require performance by the Company or a Seller at or before the Closing).

Performance of Covenants. The Each of the Company and the Sellers Seller shall have performed and complied with, in all material respects respects, all obligations and agreements, and complied in all material respects with each of the its covenants and conditions, contained obligations set forth in this Agreement required hereby to be performed by it at or complied with by them prior to or at before the Closing DateClosing.

Performance of Covenants. The Each Target Company and the Sellers Seller shall have performed and complied with, in all material respects respects, all obligations and agreements, and complied in all material respects with each of the its covenants and conditions, contained obligations set forth in this Agreement required hereby to be performed or complied with by them prior to at or at before the Closing Date(to the extent that such covenants and obligations require performance by the Target Company at or before Closing).

Performance of Covenants. The Company Owners and the Sellers Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants all agreements and conditions, contained in conditions required by this Agreement to be performed or complied with by them such Owner or the Company prior to or at on the Closing Date.

Performance of Covenants. The Company Seller and the Sellers Company shall have duly performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants covenant and conditions, contained in this Agreement agreement required to be performed or complied with by them it under this Agreement, in each case, as and when required to be performed or complied with by it prior to or at on the Closing Completion Date.

Performance of Covenants. The Company Sellers and the Sellers Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the all covenants and conditions, agreements contained in this Agreement which are required to be performed or complied with by them at or prior to or at the Closing Date.Closing. In addition, Purchaser shall have received certificates,

Performance of Covenants. The Company Each of Seller and the Sellers Company shall have duly performed or complied with, in all material respects respects, all of the covenants, obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in this Agreement conditions to be performed or complied with by them it under the terms of this Agreement prior to or at the Closing Dateand each of Seller, the Company, the Contributing Affiliate and the International Contributing Affiliate shall have duly performed or complied with, in all material respects, all of the covenants, obligations and conditions to be performed or complied with by it under the terms of the Contribution Agreements prior to or at Closing.

Performance of Covenants. The Company Target Companies and the Sellers shall have performed and complied with in all material respects all obligations and agreements, and complied in all material respects with each of the their respective covenants and conditions, contained in this Agreement agreements required to be performed or complied with by them under this Agreement prior to or at the Closing Date.

Performance of Covenants. The Company Vendors and the Sellers Significant Vendors, as applicable, shall have performed in all material respects all obligations and agreements, and or complied in all material respects with each of the covenants all covenants, agreements and conditions, contained in obligations required by this Agreement to be performed or complied with by them on or prior to or at the Closing Date.

Performance of Covenants. The Company and the Sellers shall have performed and complied with, in all material respects respects, all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in agreements required by this Agreement to be performed or complied with by them at or prior to or at the Closing DateClosing.

Performance of Covenants. The Company Owner and the Sellers Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants all agreements and conditions, contained in conditions required by this Agreement to be performed or complied with by them the Owner or the Company prior to or at on the Closing Date.

Performance of Covenants. The Company and the Sellers shall each Owner will have complied with and performed in all material respects all obligations and agreements, and complied in all material respects with each of the their respective covenants and conditions, contained in under this Agreement required to be performed or complied with or performed by any of them at or prior to or at the Closing DateClosing.

Performance of Covenants. The Company and the Sellers each Seller shall have performed in or complied with all material respects all obligations and of the agreements, and complied in all material respects with each of the covenants and conditions, contained in conditions required by this Agreement to be performed or complied with by them prior to or at the Closing DateClosing.

Performance of Covenants. The Company Selling Members and the Sellers Company shall have performed in all material respects and complied with all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in required by this Agreement to be performed or complied with by them prior to or at the Closing DateClosing.

Performance of Covenants. The Company Target Companies and the Sellers shall have performed in all material respects all obligations and agreements, and complied in all material respects with each all of the their respective covenants and conditions, contained in this Agreement agreements required to be performed or complied with by them under this Agreement prior to or at the Closing Date.

Performance of Covenants. The Each Seller and each Acquired Company and the Sellers shall have performed in all material respects all obligations and agreements, and or complied in all material respects with each all of the covenants and conditions, contained in this Agreement agreements required to be performed or complied with by them such Person pursuant to this Agreement on or prior to or at the Closing Date.

Performance of Covenants. The Company covenants and obligations in this Agreement that the Sellers Selling Shareholder is required to comply with or to perform at or prior to the Closing Date shall have been complied with and performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in this Agreement to be performed or complied with by them prior to or at the Closing Daterespects.

Performance of Covenants. The Company and the Sellers each Seller shall have performed in or complied with all material respects all obligations and of the agreements, and complied in all material respects with each of the covenants and conditions, contained in conditions required by this Agreement to be performed or complied with by them prior to or at the Closing DateClosing.

Performance of Covenants. The Company Seller and the Sellers Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in provisions of this Agreement required to be performed or complied with by them prior to or at between the date hereof and the Closing Date.

Performance of Covenants. The Company and the Sellers each Seller shall have performed in all material respects all obligations and agreements, and or complied in all material respects with each all of the agreements and covenants and conditions, contained in required by this Agreement to be performed or complied with by them prior to the Company or at the Closing Dateeach such Seller.

Performance of Covenants. The Each Company and the Sellers Seller shall have performed performed, in all material respects respects, all of their respective obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in this Agreement required to be performed or complied with by them under this Agreement prior to or at the Closing DateClosing.

Performance of Covenants. The Company and the Sellers shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in this Agreement to be performed or complied with by them prior to or at the Closing Dateon such date.

Performance of Covenants. The Company and the Sellers Each of Vendors shall have performed fulfilled or complied with, in all material respects respects, all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in this Agreement to be performed fulfilled or complied with by them it at or prior to or at the Closing DateClosing.

Performance of Covenants. The Company Companies and the Sellers shall have performed in all material respects all obligations and agreements, and complied in all material respects with each all of the their respective covenants and conditions, contained in this Agreement agreements required to be performed or complied with by them under this Agreement prior to or at the Closing Date.

Performance of Covenants. The Company Sellers, the Target Entities and the Sellers Company Subsidiaries shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in this Agreement obligations required to be performed or complied with by them under this Agreement prior to or at the Closing DateClosing.

Performance of Covenants. The Company and the Sellers each Seller shall have performed in all material respects all obligations and agreements, and or complied in all material respects with each all of the covenants and conditions, contained agreements in this Agreement to be performed or complied with by them prior to or at the Closing DateClosing, except for agreements qualified by materiality, which shall be conformed and complied with in all respects.

Performance of Covenants. The Company Seller and the Sellers Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in provisions of this Agreement required to be performed or complied with by them prior to or at between the date hereof and the Closing Date.

Performance of Covenants. The Company and the Sellers Company Owners shall have performed in all material respects all obligations and agreementsobligations, and complied in all material respects with each of the covenants agreements and conditionscovenants, contained in this Agreement required to be performed by or complied with by it or them at or prior to or at the Closing Date.

Performance of Covenants. The Company Seller, the Securityholders and the Sellers Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in provisions of this Agreement required to be performed or complied with by them prior to or at between the date hereof and the Closing Date.

Performance of Covenants. The Company Each of Seller and the Sellers Shareholders shall have performed in all material respects all covenants and obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in all conditions required by this Agreement to be performed or complied with by it and them on or prior to or at the Closing Date.