Common use of Performance of Obligations Clause in Contracts

Performance of Obligations. Seller shall have performed in all material respects all of its covenants and agreements required by this Agreement to be performed at or prior to the Closing.

Appears in 3 contracts

Sources: Purchase Agreement (Saks Inc), Purchase Agreement (Bon Ton Stores Inc), Securities and Asset Purchase Agreement (Tupperware Corp)

Performance of Obligations. Seller Sellers shall have performed and complied in all material respects all of its covenants with their respective covenants, agreements and agreements required by obligations under this Agreement that are required to be performed at or complied with by Sellers prior to or at the Closing.;

Appears in 3 contracts

Sources: Asset Purchase Agreement (Sunoco LP), Asset Purchase Agreement (Sunoco LP), Asset Purchase Agreement (CST Brands, Inc.)

Performance of Obligations. Seller shall have performed performed, observed and complied with, in all material respects respects, all of its agreements, obligations, covenants and agreements conditions required by this Agreement to be performed at or complied with by it on or prior to the ClosingClosing Date.

Appears in 3 contracts

Sources: Asset Purchase and Sale Agreement (Williams Energy Partners L P), Sale of Assets Agreement (Williams Energy Partners L P), Purchase and Sale Agreement (Williams Energy Partners L P)

Performance of Obligations. Seller The Sellers shall have performed and complied in all material respects with all of its covenants and agreements required by this Agreement to be performed or complied with by them at or prior to the ClosingClosing Date.

Appears in 3 contracts

Sources: Stock Purchase Agreement (Nortek Inc), Stock Purchase Agreement, Stock Purchase Agreement (Ply Gem Industries Inc)

Performance of Obligations. Seller shall have performed in all material respects all of its material covenants and agreements required by this Agreement to be performed at or prior to the Closing, including the delivery of the items listed in Section 4.4.

Appears in 3 contracts

Sources: Asset Purchase Agreement (Saks Inc), Asset Purchase Agreement (Bon Ton Stores Inc), Asset Purchase Agreement (Belk Inc)

Performance of Obligations. Seller shall have performed executed, acknowledged (if applicable) and/or delivered all documents required to be executed, acknowledged (if applicable) and/or delivered by Seller hereunder on the Closing Date and Seller shall in all material respects performed all of its covenants and agreements other material obligations required by this Agreement to be performed at by Seller under this Agreement on or prior to the ClosingClosing Date.

Appears in 3 contracts

Sources: Purchase and Sale Agreement, Purchase and Sale Agreement (SouFun Holdings LTD), Purchase and Sale Agreement (SouFun Holdings LTD)

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

Appears in 3 contracts

Sources: Share Purchase Agreement, Share Purchase Agreement, Share Purchase Agreement (Roy Jean Paul)

Performance of Obligations. Seller The Sellers shall have performed and complied with all agreements, obligations and conditions contained in all material respects all of its covenants and agreements required by this Agreement that are required to be performed at or prior to complied with by it on or before the Closing.

Appears in 3 contracts

Sources: Stock Purchase Agreement (Usip Com Inc), Stock Purchase Agreement (GAS Investment China Co., LTD), Stock Purchase Agreement (Dolce Ventures, Inc)

Performance of Obligations. Seller and the Company shall have performed and complied in all material respects all of its covenants with the agreements and agreements obligations required by this Agreement to be have been performed at or complied with by them prior to or at the Closing.

Appears in 3 contracts

Sources: Stock Purchase Agreement (Isle of Capri Casinos Inc), Equity Purchase Agreement (Isle of Capri Casinos Inc), Stock Purchase Agreement (Isle of Capri Casinos Inc)

Performance of Obligations. Seller shall have performed and complied in all material respects all of its with the obligations, covenants and agreements required by this Agreement to be performed or complied with by it under this Agreement at or prior to the Closing.

Appears in 3 contracts

Sources: Asset Purchase Agreement, Asset Purchase Agreement (Broadcom Inc.), Asset Purchase Agreement (Symantec Corp)

Performance of Obligations. Seller shall have performed or complied in all material respects all of with its covenants and agreements required by contained in this Agreement required to be performed at or complied with on or prior to the ClosingClosing Date.

Appears in 2 contracts

Sources: Stock Purchase Agreement (Euroweb International Corp), Stock Purchase Agreement (Corcyra D.O.O.)

Performance of Obligations. Seller Sellers shall have performed or complied with in all material respects all of its covenants and agreements required by this Agreement to be performed at or complied with by Sellers under this Agreement on or prior to the ClosingClosing Date.

Appears in 2 contracts

Sources: Stock Purchase Agreement (Proficient Auto Logistics, Inc), Contribution Agreement (Proficient Auto Logistics, Inc)

Performance of Obligations. Each Seller shall have performed in all material respects all of its covenants and agreements required by this Agreement to be performed at or by such Seller prior to the Closing.

Appears in 2 contracts

Sources: Membership Interest Purchase Agreement (Molina Healthcare Inc), Membership Interest Purchase Agreement (Providence Service Corp)

Performance of Obligations. Seller The Sellers shall have performed in all material respects all of its their covenants and agreements required by set forth in this Agreement to the extent required to be performed at or prior to the ClosingClosing Date.

Appears in 2 contracts

Sources: Purchase, Sale and Servicing Transfer Agreement (Neiman Marcus, Inc.), Purchase, Sale and Servicing Transfer Agreement (Neiman Marcus Group Inc)

Performance of Obligations. Owner and Seller shall have performed or complied with in all material respects all of its covenants and agreements required by this Agreement to be performed at or complied with by Owner and Seller under this Agreement on or prior to the ClosingClosing Date.

Appears in 2 contracts

Sources: Contribution Agreement (Proficient Auto Logistics, Inc), Purchase Agreement (Proficient Auto Logistics, Inc)

Performance of Obligations. The Seller shall have performed and complied with all agreements, obligations and conditions contained in all material respects all of its covenants and agreements required by this Agreement that are required to be performed or complied with by it at or prior to the Closing.

Appears in 2 contracts

Sources: Securities Transfer Agreement (Bona Film Group LTD), Securities Transfer Agreement (Bona Film Group LTD)

Performance of Obligations. Seller shall have performed in and complied with all material respects all of its covenants and agreements required by obligations under this Agreement which are to be performed at or complied with by it prior to or on the effective date of Closing.

Appears in 2 contracts

Sources: Asset Purchase Agreement (AMEDICA Corp), Asset Purchase Agreement (AMEDICA Corp)

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

Appears in 2 contracts

Sources: Stock Purchase Agreement (MTC Technologies Inc), Stock Purchase Agreement (MTC Technologies Inc)

Performance of Obligations. Seller shall have performed or complied with in all material respects all of its covenants and agreements required by this Agreement to be performed at or complied with by Seller under this Agreement on or prior to the ClosingClosing Date, except as would not, individually or in the aggregate, be materially adverse to the Business or the Company.

Appears in 2 contracts

Sources: Merger Agreement (Proficient Auto Logistics, Inc), Stock Purchase Agreement (Proficient Auto Logistics, Inc)

Performance of Obligations. Seller shall have performed and complied in all material respects with all covenants, obligations and conditions of its covenants and agreements required by this Agreement required to be performed at or prior to and complied with by it as of the Closing.

Appears in 2 contracts

Sources: Share Purchase Agreement (Silicon Laboratories Inc), Merger Agreement (Velti PLC)

Performance of Obligations. Seller shall have performed in all material respects all of its material covenants and agreements required by this Agreement to be performed at or prior to the Closing.

Appears in 2 contracts

Sources: Stock Purchase Agreement (Saks Inc), Stock Purchase Agreement (Belk Inc)

Performance of Obligations. Each Seller shall have performed in all material respects all of its obligations and covenants and agreements required by this Agreement to be performed at by it under this Agreement and any other agreement or document entered into in connection herewith prior to the ClosingClosing Date (to the extent such obligations and covenants require performance prior to such time).

Appears in 2 contracts

Sources: Asset Purchase Agreement (Intermune Inc), Asset Purchase Agreement (Intermune Inc)

Performance of Obligations. Seller shall have performed and complied in all material respects with all of its covenants and agreements obligations required by this Agreement to be performed or complied with by Seller under this Agreement at or prior to the ClosingClosing Date, and ▇▇▇▇▇ shall have received a certificate to such effect signed on behalf of Seller by an officer of Seller.

Appears in 2 contracts

Sources: Membership Interest Purchase Agreement (NGL Energy Partners LP), Membership Interest Purchase Agreement (NGL Energy Partners LP)

Performance of Obligations. Seller shall The Sellers will have performed and complied in all material respects with all of its obligations, covenants and agreements required by this Agreement to be performed at and complied with by each of them on or prior to the Closingbefore Closing under this Agreement.

Appears in 2 contracts

Sources: Share Purchase Agreement (Andersons Inc), Share Purchase Agreement (Andersons Inc)

Performance of Obligations. Seller shall have performed in all material respects all of its covenants and agreements obligations required by this Agreement to be performed at or by Seller under this Agreement prior to the ClosingClosing Date, and Buyer shall have received a certificate to such effect signed on behalf of Seller by an officer of Seller.

Appears in 2 contracts

Sources: Asset Purchase Agreement (TransMontaigne Partners L.P.), Asset Purchase Agreement (Western Refining, Inc.)

Performance of Obligations. Seller shall have performed in all material respects and complied with all of its covenants and agreements required by this Agreement to be have been performed at on or prior to the Closing.

Appears in 2 contracts

Sources: Purchase and Sale Agreement (Sequential Brands Group, Inc.), Purchase and Sale Agreement (Sequential Brands Group, Inc.)

Performance of Obligations. Each Seller shall have performed or complied in all material respects with all of its agreements, obligations and covenants and agreements required by this Agreement to be performed at by it under this Agreement on or prior to as of the ClosingClosing Date.

Appears in 2 contracts

Sources: Stock Purchase Agreement, Stock Purchase Agreement (Rentech Inc /Co/)

Performance of Obligations. The Seller shall have performed or complied with, in all material respects respects, all of its the covenants and agreements required by this Agreement to be performed at or complied with by the Seller as of or prior to the Closing.Closing under the terms of this Agreement;

Appears in 2 contracts

Sources: Asset Purchase Agreement (MACOM Technology Solutions Holdings, Inc.), Asset Purchase Agreement (Wolfspeed, Inc.)

Performance of Obligations. Seller shall have performed and complied, in all material respects with all of its the covenants and agreements required by this Agreement to be have been performed at or prior to the Closing.

Appears in 2 contracts

Sources: Asset Purchase Agreement (US Dry Cleaning Services Corp), Asset Purchase Agreement (Dyntek Inc)

Performance of Obligations. Seller The Sellers shall have performed in all material respects all of its their covenants and agreements set forth in this Agreement, to the extent required by this Agreement to be performed at or prior to the ClosingClosing Date.

Appears in 2 contracts

Sources: Purchase, Sale and Servicing Transfer Agreement (Dillards Inc), Purchase and Sale Agreement (Belk Inc)

Performance of Obligations. Seller shall have performed complied in all material respects all with each of its the covenants and agreements required by contained in this Agreement to be performed at or by Seller prior to the Closing.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Steinway Musical Instruments Inc), Asset Purchase Agreement (Guitar Center Inc)

Performance of Obligations. The Seller shall have performed in all material respects or complied with all of its covenants agreements, covenants, obligations and agreements conditions required by this Agreement to be so performed at or complied with by it, prior to or on the Closing.Closing Date;

Appears in 2 contracts

Sources: Intellectual Property Purchase and Sale Agreement (Mykrolis Corp), Asset Purchase Agreement (Mykrolis Corp)

Performance of Obligations. Seller shall have performed in and complied with all material respects all covenants, obligations and conditions of its covenants and agreements required by this Agreement required to be performed at or prior to and complied with by it as of the Closing.

Appears in 2 contracts

Sources: Purchase Agreement (Siebert Financial Corp), Asset Purchase Agreement (Siebert Financial Corp)

Performance of Obligations. The Seller shall have performed or complied in all material respects with all of its covenants and agreements required by this Agreement that are to be performed by or complied with by it under this Agreement at or prior to the Closing; and shall have delivered to the Buyer a certificate signed by an authorized officer of the Seller certifying as to the fulfillment of the conditions set forth in this Section 6.2 with respect to the Seller.

Appears in 2 contracts

Sources: Stock Purchase Agreement (Aqua America Inc), Stock Purchase Agreement (Connecticut Water Service Inc / Ct)

Performance of Obligations. The Seller shall have performed and complied with all agreements, obligations and conditions contained in all material respects all of its covenants and agreements required by this Agreement that are required to be performed at or prior to complied with by it or him on or before the Closing.

Appears in 2 contracts

Sources: Stock Purchase Agreement (Latin-American Fuels Corp), Stock Purchase Agreement (LIFE Power & Fuels LLC)

Performance of Obligations. Each Seller shall have performed or complied with in all material respects all of its covenants and agreements required by this Agreement to be performed at or complied with by such Seller under this Agreement on or prior to the ClosingClosing Date.

Appears in 2 contracts

Sources: Stock Purchase Agreement (Proficient Auto Logistics, Inc), Merger Agreement (Proficient Auto Logistics, Inc)

Performance of Obligations. The Seller shall have performed and complied with in all material respects all of its agreements and covenants and agreements required by under this Agreement to be performed at or prior to through the Closing.

Appears in 2 contracts

Sources: Purchase Agreement (Cord Blood America, Inc.), Asset Purchase Agreement (Cord Blood America, Inc.)

Performance of Obligations. Seller shall have performed in all material respects and complied with all of its the material terms, covenants and agreements required by conditions of this Agreement to be performed at or and complied with by Seller prior to the or at Closing.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Amphastar Pharmaceuticals, Inc.), Asset Purchase Agreement (Amphastar Pharmaceuticals, Inc.)

Performance of Obligations. Seller shall have fully complied with and performed in all material respects all of its covenants and agreements required by obligations under this Agreement and any related agreements, required to be performed at or complied with prior to or at the ClosingClosing Date, including tendering for delivery to Purchasers all of the items as required in Article 9.4 herein.

Appears in 1 contract

Sources: Asset Purchase Agreement (Rush Enterprises Inc \Tx\)

Performance of Obligations. Seller shall have performed in complied with all material respects all of its covenants and agreements required by this Agreement to be performed complied with by Seller at or prior to the ClosingClosing pursuant to the terms hereof and shall have delivered to Purchaser at Closing a written certification to that effect.

Appears in 1 contract

Sources: Asset Purchase Agreement (Magicjack Vocaltec LTD)

Performance of Obligations. Seller Sellers shall have performed or complied, in all material respects respects, with all of its covenants agreements, covenants, obligations and agreements conditions required by this Agreement to be performed at or complied with by any of them prior to or at the ClosingClosing Date, including, without limitation, those contained in Article VII of this Agreement.

Appears in 1 contract

Sources: Stock Purchase Agreement (Georgia Pacific Corp)

Performance of Obligations. The Seller shall have performed or complied with, in all material respects respects, all of its their obligations, covenants and agreements required by under this Agreement to be performed at or prior to the ClosingAgreement.

Appears in 1 contract

Sources: Purchase Agreement (MoneyFlow Capital Corp)

Performance of Obligations. The Seller shall have performed or complied with, in all material respects respects, all of its obligations, covenants and agreements required by this Agreement to be performed at or prior to the Closing.hereunder;

Appears in 1 contract

Sources: Asset Purchase Agreement (Monaco Group Inc)

Performance of Obligations. Each Seller shall have performed or complied in all material respects with all of its obligations and covenants and agreements required by this Agreement to be performed at or by it under this Agreement prior to or as of the Closing.

Appears in 1 contract

Sources: Share Purchase Agreement (Ilustrato Pictures International Inc.)

Performance of Obligations. Each Seller shall have performed and complied in all material respects with all of its the covenants and agreements required by this Agreement to be have been performed at by him or it prior to the Closing.

Appears in 1 contract

Sources: Interest Purchase Agreement (Healthtronics, Inc.)

Performance of Obligations. Seller shall have performed and complied in all material respects with all of its covenants and agreements required by obligations under this Agreement which are to be performed at or complied with by Seller prior to or at the Closing.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Mgi Properties)

Performance of Obligations. Seller shall have performed in all material respects and complied with all of its covenants the covenants, agreements and agreements conditions required by this Agreement to be performed at or and complied with by it prior to or on the ClosingClosing Date.

Appears in 1 contract

Sources: Asset Purchase Agreement (Daisytek International Corporation /De/)

Performance of Obligations. Seller shall have performed complied in all material respects all with each of its the covenants and agreements required by contained in this Agreement to be performed at or by Seller prior to the ClosingClosing .

Appears in 1 contract

Sources: Asset Purchase Agreement (Guitar Center Inc)

Performance of Obligations. The Seller shall have performed and complied in all material respects with all covenants, obligations and conditions of its covenants and agreements required by this Agreement required to be performed at or prior to and complied with by it as of the Closing.

Appears in 1 contract

Sources: Asset Purchase Agreement (Zygo Corp)

Performance of Obligations. Seller Sellers shall have performed or complied, in all material respects respects, with all of its covenants agreements, covenants, obligations and agreements conditions required by this Agreement to be performed at or complied with by any of them prior to or at the ClosingClosing Date.

Appears in 1 contract

Sources: Stock Purchase Agreement (Georgia Pacific Corp)

Performance of Obligations. Seller shall have performed performed, fulfilled or complied with, in all material respects respects, all of its obligations, covenants and agreements required by contained in this Agreement to be performed fulfilled or complied with by Seller at or prior to the Closing.

Appears in 1 contract

Sources: Asset Purchase Agreement (mCloud Technologies Corp.)

Performance of Obligations. Seller shall have performed in or complied with all material respects all of its obligations and covenants and agreements required by this Agreement to be performed at or prior to complied with by Seller by the time of the Closing. The Buyer shall have received a certificate signed by Seller, or an authorized officer of Seller, to such effect.

Appears in 1 contract

Sources: Asset Purchase Agreement (True Nature Holding, Inc.)

Performance of Obligations. Seller shall have performed and complied in all material respects with all covenants, agreements and obligations of its covenants and agreements required by this Agreement required to be performed and complied with by Seller at or prior to the ClosingClosing Date.

Appears in 1 contract

Sources: Asset Purchase Agreement (Sequans Communications)

Performance of Obligations. Seller shall will have performed performed, satisfied and ----------------------------- complied with in all material respects all of its covenants covenants, agreements and agreements conditions required by this Agreement to be performed at performed, satisfied or prior to complied with by Seller on or before the ClosingClosing Date.

Appears in 1 contract

Sources: Purchase and Sale Agreement (SiVault Systems, Inc.)

Performance of Obligations. Seller shall have performed in all material respects performed all of its covenants and agreements obligations required by this Agreement to be performed at or by Seller under this Agreement on and prior to the ClosingClosing Date including, without limitation, obligations related to the delivery of funds and/or documents.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Washington Prime Group, L.P.)

Performance of Obligations. Seller shall have performed and complied with in all material respects all of its covenants and agreements required by set forth in this Agreement to be performed the extent required at or prior to the Closing.;

Appears in 1 contract

Sources: Purchase and Sale Agreement (Cardtronics GP, Inc.)

Performance of Obligations. Seller shall have duly performed and complied in all material respects with all of its agreements, covenants and agreements conditions required by this Agreement to be performed at or complied with by it under this Agreement on or prior to the ClosingClosing Date, and shall have delivered all of the documents and other items required to be delivered by Seller pursuant to Section 15(a) and Section 15(c).

Appears in 1 contract

Sources: Portfolio Acquisition Agreement (NorthStar Healthcare Income, Inc.)

Performance of Obligations. Seller shall have duly performed and complied in all material respects with all of its agreements, covenants and agreements conditions required by this Agreement to be performed at or complied with by it under this Agreement on or prior to the ClosingClosing Date. Seller shall have satisfied all of its obligations pursuant to Section 17(a) and Section 17(c).

Appears in 1 contract

Sources: Portfolio Acquisition Agreement and Interest Purchase and Sale Agreement (Northstar Realty Finance Corp.)

Performance of Obligations. Seller The Sellers shall have performed or complied with, in all material respects all of its respects, their obligations, covenants and agreements required by under this Agreement to be performed at or prior to the ClosingAgreement.

Appears in 1 contract

Sources: Acquisition Agreement (Aviation Group Inc)

Performance of Obligations. Seller shall have performed and complied in all material respects with all of its covenants and agreements required by this Agreement to be performed at by it under this Agreement on or prior to the Closing.

Appears in 1 contract

Sources: Equity Purchase Agreement (ACCO BRANDS Corp)

Performance of Obligations. Each Seller shall have performed in performed, satisfied and complied with all material respects all of its covenants covenants, agreements, and agreements conditions required by this Agreement to be performed at performed, satisfied or prior to complied with by such Seller, as the Closingcase may be, on or before the Closing Date.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Verity Inc \De\)

Performance of Obligations. Seller The Sellers shall have performed in all material respects all of its covenants and agreements required by obligations under this Agreement required to be performed by it at or prior to the Closing.Closing pursuant to the terms hereof;

Appears in 1 contract

Sources: Share Purchase Agreement (Esco Inc)

Performance of Obligations. Each Seller shall have performed in all material respects all of its covenants performed or complied with each obligation and agreements covenant required by this Agreement and the Ancillary Agreements to be performed at or prior to complied with by such Seller on or before the ClosingClosing Date.

Appears in 1 contract

Sources: Equity Interests Purchase Agreement (Redwood Trust Inc)

Performance of Obligations. Seller shall will have performed in performed, satisfied and complied with all material respects all of its covenants covenants, agreements and agreements conditions required by this Agreement to be performed at performed, satisfied or prior to complied with by Seller on or before the ClosingClosing Date.

Appears in 1 contract

Sources: Purchase and Sale Agreement (SiVault Systems, Inc.)

Performance of Obligations. The Seller shall have performed and complied in all material respects with all of its covenants agreements and agreements required obligations and satisfied all conditions to be performed, complied with and satisfied by it under this Agreement to be performed at or and the other Documents prior to or at the Closing.

Appears in 1 contract

Sources: Stock Purchase Agreement (Nci Building Systems Inc)

Performance of Obligations. Seller and ▇▇▇▇▇▇ shall have performed in all material respects obligations and agreements, and complied with all of its covenants and agreements required by conditions, contained in this Agreement to be performed or complied with at or prior to the ClosingClosing Date.

Appears in 1 contract

Sources: Asset Purchase Agreement (Granite Financial Inc)

Performance of Obligations. Seller shall have performed and complied in all material respects with all of its agreements, covenants and agreements obligations required by this Agreement to be performed or complied with by it at or prior to the Closing.

Appears in 1 contract

Sources: Asset Purchase Agreement (Andrea Electronics Corp)

Performance of Obligations. The Seller shall have performed in and complied with all material respects all of its obligations, covenants and agreements required by this Agreement to be performed at and complied with on or prior to the Closingbefore Closing under this Agreement.

Appears in 1 contract

Sources: Share Purchase Agreement (Geoglobal Resources Inc.)

Performance of Obligations. The Seller shall have performed and complied in all material respects with all of its covenants agreements, covenants, conditions and agreements obligations required by this Agreement to be performed at or complied with by it prior to or at the Closing.

Appears in 1 contract

Sources: Asset Purchase Agreement (Diedrich Coffee Inc)

Performance of Obligations. Seller shall have performed in all material respects all of its covenants and agreements obligations required by this Agreement to be performed by it under this Agreement at or prior to the ClosingClosing Date, and Buyer shall have received a certificate of Seller certifying to such effect.

Appears in 1 contract

Sources: Asset Purchase Agreement (Rti International Metals Inc)

Performance of Obligations. Seller shall have performed and complied in all material respects all of with its covenants agreements and agreements required by obligations under this Agreement that are to be performed at or complied with by Seller prior to the Closing.

Appears in 1 contract

Sources: Asset Purchase Agreement (Travelcenters of America LLC)

Performance of Obligations. The Seller shall have in all material respects performed and complied with its respective agreements, covenants and obligations under this Agreement that are to be performed or complied with by the Seller prior to or on the Closing Date, provided, that, with respect to agreements, covenants and obligations that are qualified by materiality, Seller shall have performed such agreements, covenants and obligations, as so qualified, in all material respects all of its covenants and agreements required by this Agreement to be performed at or prior to the Closing.respects. {W5975088.1} 29

Appears in 1 contract

Sources: Asset Purchase Agreement (Sprague Resources LP)

Performance of Obligations. Seller shall have performed in and observed all material respects all of its covenants and agreements required by contained in this Agreement that are to be performed at or and observed by Seller prior to or at the Closing.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Louisiana Pacific Corp)

Performance of Obligations. Seller shall have performed or complied in all material respects with all of its agreements, obligations and covenants and agreements required by this Agreement to be performed at by it under this Agreement and the Related Agreements on or prior to as of the ClosingClosing Date.

Appears in 1 contract

Sources: Stock Purchase Agreement (Eagle Bulk Shipping Inc.)

Performance of Obligations. Seller Sellers shall have performed and complied in all material respects with all of its agreements, covenants and agreements obligations required by this Agreement to be performed or complied with by Sellers at or prior to the Closing.

Appears in 1 contract

Sources: Asset Purchase Agreement (Nucentrix Broadband Networks Inc)

Performance of Obligations. Seller The Sellers shall have performed and complied in all material respects (disregarding any materiality qualifier) with all of its covenants the agreements and agreements obligations required by this Agreement to be performed at or and complied with by them prior to or at the Closing.

Appears in 1 contract

Sources: Asset Purchase Agreement (Genesis Healthcare, Inc.)

Performance of Obligations. Seller The Sellers shall have performed and complied with all agreements, obligations and conditions contained in all material respects all of its covenants and agreements required by this Agreement that are required to be performed at or prior to complied with by it or him on or before the Closing.

Appears in 1 contract

Sources: Stock Purchase Agreement (Eudora Partners LLC)

Performance of Obligations. Seller shall have performed or complied with, in all material respects respects, all of its obligations and covenants and agreements required by under this Agreement to be performed at or prior to the Closingand Purchaser shall have received a certificate signed by a senior officer of Seller confirming such performance and compliance.

Appears in 1 contract

Sources: Purchase Agreement (Barrick Gold Corp)

Performance of Obligations. Seller shall have performed in all material respects all of its obligations and covenants and agreements required by this Agreement to be performed at by Seller under this Agreement and any other agreement or document entered into in connection herewith prior to the ClosingClosing Date.

Appears in 1 contract

Sources: Asset Purchase Agreement (Aduro Biotech, Inc.)

Performance of Obligations. Seller Sellers shall have performed or complied with in all material respects all of its their agreements, covenants and agreements obligations required by this Agreement to be performed at or complied with under this Agreement as of or prior to the Closing.

Appears in 1 contract

Sources: Stock Purchase Agreement (Axsys Technologies Inc)

Performance of Obligations. The Seller shall have performed and complied in all material respects with all of its obligations, agreements, covenants and agreements conditions required by this Agreement to be performed by it under this Agreement at or prior to the Closing.

Appears in 1 contract

Sources: Share Purchase Agreement (TechCare Corp.)

Performance of Obligations. Seller shall have performed in all material respects all of its covenants and agreements obligations required by this Agreement to be performed by it under this Agreement at or prior to the ClosingClosing Date, and Purchaser shall have received a signed certificate of Seller to that effect.

Appears in 1 contract

Sources: Asset Purchase Agreement (Pilgrim America Capital Corp)

Performance of Obligations. Each Seller shall have performed and complied in all material respects with all of its covenants agreements, covenants, obligations and agreements conditions required by this Agreement to be performed or complied with by it at or prior to the Closing.

Appears in 1 contract

Sources: Interest Purchase Agreement (Trinity Capital Inc.)

Performance of Obligations. The Seller shall have performed or complied in all material respects all of with its covenants and agreements required by obligations contained in this Agreement and the Real Property Purchase Agreement required to be performed by it hereunder at or prior to the Closing.

Appears in 1 contract

Sources: Share and Asset Purchase Agreement (Magal Security Systems LTD)

Performance of Obligations. Seller shall have performed and complied in all material respects all each of its covenants the covenants, agreements, obligations and agreements required by conditions of this Agreement required to be performed at or prior to and complied with by it as of the Closing.

Appears in 1 contract

Sources: Asset Purchase Agreement (VBI Vaccines Inc/Bc)

Performance of Obligations. Seller shall have performed in all material respects all of its covenants and agreements required by this Agreement to be performed by Seller at or prior to the Closing.

Appears in 1 contract

Sources: Asset Purchase Agreement (Nisource Inc.)

Performance of Obligations. Seller shall have performed -------------------------- and complied, in all material respects respects, with all of its the covenants and agreements required by this Agreement to be have been performed at or prior to the Closing.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Powerwave Technologies Inc)

Performance of Obligations. Seller shall have fully complied with and performed in all material respects all of its covenants obligations under this Agreement and any related agreements required by this Agreement to be performed at or complied with prior to or at the ClosingClosing Date, including tendering for delivery to Purchaser all of the items as required in Article 9.4(a) herein.

Appears in 1 contract

Sources: Asset Purchase Agreement (Rush Enterprises Inc \Tx\)

Performance of Obligations. The Seller shall have performed in and complied with all material respects all of its covenants agreements and agreements conditions herein required by this Agreement to be performed at or prior to complied with by the Seller on or before the Closing.

Appears in 1 contract

Sources: Asset Purchase Agreement (Measurement Specialties Inc)

Performance of Obligations. Seller The Sellers shall have performed or complied in all material respects with all of its obligations and covenants and agreements required by this Agreement to be performed or complied with by the Sellers at or prior to the Closing.

Appears in 1 contract

Sources: Asset Purchase Agreement (Systemax Inc)

Performance of Obligations. The Seller shall have performed in all material respects and complied in all of its material respects with all agreements and covenants and agreements required by this Agreement to be performed or complied with by Seller under this Agreement at or prior to the Closing.. - 95 -

Appears in 1 contract

Sources: Asset Purchase Agreement (Goodyear Tire & Rubber Co /Oh/)

Performance of Obligations. The Seller shall have performed in and complied with all material respects all of its obligations, covenants and agreements required by this Agreement to be performed at and complied with by the Seller on or prior to the Closingbefore Closing under this Agreement.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Rubicon Minerals Corp)

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

Appears in 1 contract

Sources: Asset Purchase Agreement (Weight Watchers International Inc)

Performance of Obligations. Each Seller shall have performed and complied in all material respects with all of its covenants the covenants, obligations and agreements required by this Agreement to be performed or complied with by such Seller at or prior to the Closing.

Appears in 1 contract

Sources: Asset Purchase Agreement (Mondee Holdings, Inc.)

Performance of Obligations. Seller Sellers shall have performed or complied in -------------------------- all material respects with all of its obligations, conditions and covenants and agreements required by this Agreement to be performed or complied with by it under this Agreement and under the Human Resources Agreement at or prior to the Closing, and Purchaser shall have received a certificate from each Seller signed by an authorized officer to such effect.

Appears in 1 contract

Sources: Purchase Agreement (Georgia Pacific Corp)

Performance of Obligations. Seller shall have performed in all material respects and complied with all of its the obligations, covenants and agreements conditions required by this Agreement to be performed or complied with by them at or prior to the Closing.

Appears in 1 contract

Sources: Stock Purchase Agreement (Integrated Security Systems Inc)

Performance of Obligations. Each Seller shall have performed in all material respects all of its covenants and agreements required by obligations under this Agreement required to be performed by it at or prior to the Closing.Closing pursuant to the terms hereof;

Appears in 1 contract

Sources: Share Purchase Agreement (American Technologies Group Inc)

Performance of Obligations. Seller shall have performed in all material respects all of its covenants performed and complied with the agreements required by and obligations under this Agreement that are to be performed at or complied with by Seller prior to or on the ClosingClosing Date.

Appears in 1 contract

Sources: Asset Purchase Agreement (Par Pacific Holdings, Inc.)

Performance of Obligations. Seller shall have performed and complied -------------------------- in all material respects with all of its covenants and agreements required by this Agreement to be have been performed at or prior to the Closing, and Buyer shall have received a certificate to such effect signed on behalf of Seller by an authorized officer of Seller.

Appears in 1 contract

Sources: Master Asset Purchase Agreement (Symmetricom Inc)

Performance of Obligations. Seller Sellers shall have performed and complied in all material respects with all of its covenants agreements and agreements conditions required by this Agreement or any Sellers’ Ancillary Document to be performed at or complied with by Sellers on or prior to the ClosingClosing Date.

Appears in 1 contract

Sources: Asset Purchase Agreement (National Holdings Corp)