Common use of Performance of Obligations; Consents and Waivers Clause in Contracts

Performance of Obligations; Consents and Waivers. Seller has performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the Closing Date and has obtained all approvals, consents and qualifications related to the purchase and sale described herein (including but not limited to the approval by investment and antitrust authorities of the US and China for the acquisition of OVT by Seagull International, Ltd. et. al.) (the “Seagull Acquisition”), except for such that may be properly and timely obtained subsequent to the Closing. If the Seagull Acquisition has not closed prior to April 30, 2016, then this Agreement will automatically terminate without liability or further obligation to either party.

Performance of Obligations; Consents and Waivers. Seller has performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the Closing Date (including but not limited to necessary corporate actions) and has obtained all approvals, consents and qualifications related to the purchase and sale described herein (including but not limited to the approval by investment and antitrust authorities of the US and China for the acquisition of OVT by Seagull International, Ltd. et. , al.) (the “Seagull Acquisition”), except for such that may be properly and timely obtained subsequent to the Closing. If the Seagull Acquisition has not closed prior to April 30, 2016, then this Agreement will automatically terminate without liability or further obligation to either party.