Performance of Obligations of Buyer. Buyer shall have performed in all material respects (other than covenants and obligations that are already qualified as to materiality or Material Adverse Effect, which covenants and obligations shall have been performed in all respects) all covenants and obligations required to be performed by Buyer under this Agreement prior to or on the Closing Date, and Seller shall have received a certificate to such effect signed on behalf of Buyer by an officer of Buyer (such certificate, together with the certificate described in Section 8.6(a), the “Buyer Closing Certificate”).
Appears in 2 contracts
Sources: Contribution Agreement and Agreement and Plan of Merger (Anadarko Petroleum Corp), Contribution Agreement and Agreement and Plan of Merger (Western Gas Partners LP)
Performance of Obligations of Buyer. Buyer shall have performed in all material respects (other than covenants all obligations and obligations that are already qualified as to materiality or Material Adverse Effect, which covenants and obligations shall have been performed in all respects) fulfilled all covenants and obligations required to be performed by Buyer it under this Agreement on or prior to or on the Closing Date, and Seller shall have received a certificate to such effect signed on behalf of Buyer by an officer of Buyer (to such certificate, together with the certificate described in Section 8.6(a), the “Buyer Closing Certificate”)effect.
Appears in 2 contracts
Sources: Purchase Agreement (Amerigas Finance Corp), Purchase Agreement (Amerigas Finance Corp)
Performance of Obligations of Buyer. Buyer shall have performed in all material respects (other than covenants and obligations provided that are already any covenant or agreement of Buyer contained herein that is qualified as to by a materiality or Material Adverse Effect, which covenants and obligations standard shall have been performed in all respectsnot be further qualified hereby) all covenants and the obligations required to be performed by Buyer it under this Agreement prior to or on the Closing Date, and Seller shall have received a certificate to such effect signed on behalf of Buyer by an the chief executive officer or by the chief financial officer of Buyer (such certificate, together with the certificate described in Section 8.6(a), the “Buyer Closing Certificate”)Buyer.
Appears in 1 contract
Performance of Obligations of Buyer. Buyer shall have performed in all material respects (other than covenants and obligations that are already qualified as to materiality or Material Adverse Effecteach of the covenants, which covenants and obligations shall have been performed in all respects) all covenants agreements and obligations required to be performed by Buyer it under this Agreement at or prior to or on the Closing Date, and Closing. Seller shall have received a certificate to such effect signed on behalf of Buyer Buyer, by an a duly authorized officer of Buyer (Buyer, to such certificate, together with the certificate described in Section 8.6(a), the “Buyer Closing Certificate”)effect.
Appears in 1 contract
Sources: Asset Purchase Agreement (Isle of Capri Casinos Inc)
Performance of Obligations of Buyer. Buyer shall have performed in all material respects (other than covenants and obligations provided that are already any covenant or agreement that is qualified as to by a materiality or Material Adverse Effect, which covenants and obligations standard shall have been performed in all respectsnot be further qualified hereby) all covenants and the obligations required to be performed by Buyer it under this Agreement prior to or on the Closing Date, and Seller the Stockholders shall have received a certificate to such effect signed on behalf of Buyer by an officer of Buyer (such certificate, together with the certificate described in Section 8.6(a), the “Buyer Closing Certificate”)Buyer.
Appears in 1 contract
Sources: Stock Purchase Agreement (Lsf3 Capital Investments I LLC)
Performance of Obligations of Buyer. Buyer shall have performed and complied in all material respects (other than covenants and obligations that are already qualified as to materiality or Material Adverse Effect, which covenants and obligations shall have been performed in all respects) with all covenants and obligations required to be performed by Buyer it under this Agreement on or prior to or on the Closing Date, and the Seller shall have received a certificate to such effect signed on behalf of Buyer by an authorized officer of Buyer (to such certificate, together with the certificate described in Section 8.6(a), the “Buyer Closing Certificate”)effect.
Appears in 1 contract
Sources: Stock and Asset Purchase Agreement (Impax Laboratories Inc)
Performance of Obligations of Buyer. Buyer shall have performed in all material respects (other than covenants and obligations that are already qualified as to materiality or Material Adverse Effectall covenants, which covenants and obligations shall have been performed in all respects) all covenants agreements and obligations required to be performed by Buyer it under this Agreement at or prior to or on the Closing DateClosing, and including without limitation delivery of items listed in Section 4.2 hereof that are to be delivered by Buyer. Seller shall have received a certificate to such effect signed on behalf of Buyer by an officer of Buyer (to such certificate, together with the certificate described in Section 8.6(a), the “Buyer Closing Certificate”)effect.
Appears in 1 contract
Sources: Asset Purchase Agreement (Penn National Gaming Inc)
Performance of Obligations of Buyer. Buyer shall have performed in all material respects (other than covenants and obligations that are already qualified as to materiality or Material Adverse Effect, which covenants and obligations shall have been performed in all respects) all covenants and obligations required to be performed by Buyer it under this Agreement at or prior to or on the Closing Date, and . Seller shall have received a certificate to such effect signed on behalf of Buyer by an executive officer of Buyer (to such certificate, together with the certificate described in Section 8.6(a), the “Buyer Closing Certificate”)effect.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Enbridge Energy Partners Lp)
Performance of Obligations of Buyer. Buyer shall have performed in all material respects (other than covenants and obligations provided that are already any covenant or agreement of Buyer contained herein that is qualified as to by a materiality or Material Adverse Effect, which covenants and obligations standard shall have been performed in all respectsnot be further qualified hereby) all covenants and the obligations required to be performed by Buyer it under this Agreement prior to or on the Closing Date, and Seller shall have received a certificate to such effect signed on behalf of Buyer by an the chief executive officer or by the chief financial officer of Buyer (such certificate, together with the certificate described in Section 8.6(a), the “Buyer Closing Certificate”)Buyer.
Appears in 1 contract
Performance of Obligations of Buyer. Buyer shall have performed in all material respects (other than covenants and obligations that are already qualified as to materiality or Material Adverse Effecteach of the covenants, which covenants and obligations shall have been performed in all respects) all covenants agreements and obligations required to be performed by Buyer it under this Agreement at or prior to or on the Closing Date, and Closing. Seller shall have received a certificate to such effect signed on behalf of Buyer Buyer, by an a duly authorized officer of Buyer (Buyer., to such certificate, together with the certificate described in Section 8.6(a), the “Buyer Closing Certificate”)effect.
Appears in 1 contract
Performance of Obligations of Buyer. Buyer shall have performed and complied with, in all material respects (other than covenants and obligations that are already qualified as to materiality or Material Adverse Effectrespects, which covenants and obligations shall have been performed in all respects) all covenants covenants, agreements and obligations required to be performed by Buyer it under this Agreement at or prior to the Closing, including the delivery of the Closing Documentation listed in Section 4.2 which are to be delivered by or on the Closing Date, and behalf of Buyer. Seller shall have received a certificate to such effect signed on behalf of Buyer by an officer or other authorized representative of Buyer (such certificate, together with the certificate described in Section 8.6(a), the “Buyer Closing Certificate”)Buyer.
Appears in 1 contract
Sources: Asset Purchase Agreement (Nevada Gold & Casinos Inc)
Performance of Obligations of Buyer. Buyer shall have performed in all material respects (other than covenants and obligations provided that are already any covenant or agreement of Buyer contained herein that is qualified as to by a materiality or Material Adverse Effect, which covenants and obligations standard shall have been performed in all respectsnot be further qualified hereby) all covenants and the obligations required to be performed by Buyer it under this Agreement prior to or on the Closing Date, and Seller shall have received a certificate to such effect signed on behalf of Buyer by an officer of Buyer (such certificate, together with the certificate described in Section 8.6(a), the “Buyer Closing Certificate”).
Appears in 1 contract
Performance of Obligations of Buyer. Buyer shall have performed in all material respects (other than the covenants and obligations that are already qualified as to materiality or Material Adverse Effect, which covenants and obligations shall have been performed in all respects) all covenants and obligations agreements required to be performed by Buyer it under this Agreement at or prior to or on the Closing Date, and Closing. Seller Parent shall have received a certificate to such effect signed on behalf of Buyer by an a duly authorized officer of Buyer (such certificate, together with to the certificate described in Section 8.6(a), the “Buyer Closing Certificate”)effect that this condition has been satisfied.
Appears in 1 contract
Sources: Transaction Agreement (Viatris Inc)
Performance of Obligations of Buyer. Buyer shall have performed in all material respects (other than covenants and obligations provided that are already any covenant or agreement that is qualified as to by a materiality or Material Adverse Effect, which covenants and obligations standard shall have been performed in all respectsnot be further qualified hereby) all covenants and the obligations required to be performed by Buyer it under this Agreement prior to or on the such Subsequent Closing Date, and Seller the REIT shall have received a certificate to such effect signed on behalf of Buyer by an the chief executive officer and another officer of Buyer (such certificate, together with the certificate described in Section 8.6(a), the “Buyer Closing Certificate”)Buyer.
Appears in 1 contract
Sources: Stock Purchase Agreement (Lsf3 Capital Investments I LLC)
Performance of Obligations of Buyer. The Buyer shall have performed and complied in all material respects (other than covenants and obligations that are already qualified as to materiality or Material Adverse Effect, which covenants and obligations shall have been performed in all respects) with all covenants and obligations required to be performed by Buyer it under this Agreement on or prior to or on the Closing Date, and the Seller shall have received a certificate to such effect signed on behalf of the Buyer by an officer of Buyer (such certificate, together with to the certificate described effect the condition set forth in this Section 8.6(a), the “Buyer Closing Certificate”)8.3(b) has been satisfied.
Appears in 1 contract
Sources: Stock Purchase Agreement (Airspan Networks Holdings Inc.)
Performance of Obligations of Buyer. Buyer shall have performed in all material respects (other than covenants and obligations provided that are already any covenant or agreement that is qualified as to by a materiality or Material Adverse Effect, which covenants and obligations standard shall have been performed in all respectsnot be further qualified hereby) all covenants and the obligations required to be performed by Buyer it under this Agreement prior to or on the First Closing Date, and Seller the REIT shall have received a certificate to such effect signed on behalf of Buyer by an the chief executive officer and another officer of Buyer (such certificate, together with the certificate described in Section 8.6(a), the “Buyer Closing Certificate”)Buyer.
Appears in 1 contract
Sources: Stock Purchase Agreement (Lsf3 Capital Investments I LLC)