VENDOR’S CONDITIONS PRECEDENT. Notwithstanding anything herein contained, the obligation of the Vendor to complete the sale hereunder is subject to the following conditions: a) the Purchaser's representations and warranties contained in this Agreement shall be true on and as of the Closing Date with the same effect as though such representations and warranties had been made on and as of the Closing Date, except: i) to the extent that any of such representations and warranties have been waived by the Vendor or affected by the transactions between the parties contemplated hereby; or ii) insofar as such representations and warranties are given as of a particular date or for a particular period and relate solely to such date or period; b) the Purchaser shall have performed and complied with all covenants, agreements and deliveries required by this Agreement to be performed or complied with by it on or before the Closing Date pursuant to the terms of this Agreement shall have been duly performed or complied with, except to the extent that such performance or compliance has been waived by the Vendor or is prevented by a default by the Vendor in the performance of its obligations hereunder.
Appears in 1 contract
Sources: Asset Purchase Agreement (Mdu Communications International Inc)
VENDOR’S CONDITIONS PRECEDENT. Notwithstanding anything herein contained, the obligation of the Vendor to complete the sale hereunder is subject to the following conditions:
a) the Purchaser's representations and warranties contained in this Agreement shall be true on and as of the Effective Date and the Closing Date with the same effect as though such representations and warranties had been made on and as of the Effective Date and the Closing Date, except:
i) to the extent that any of such representations and warranties have been waived by the Vendor or affected by the transactions between the parties contemplated hereby; or
ii) insofar as such representations and warranties are given as of a particular date or for a particular period and relate solely to such date or period;
b) the Purchaser shall have performed and complied with all covenants, agreements and deliveries required by this Agreement to be performed or complied with by it on or before the Closing Date pursuant to the terms of this Agreement shall have been duly performed or complied with, except to the extent that such performance or compliance has been waived by the Vendor or is prevented by a default by the Vendor in the performance of its obligations hereunder.
Appears in 1 contract
Sources: Asset Purchase Agreement (Mdu Communications International Inc)