Common use of Due Performance Clause in Contracts

Due Performance. Seller has in all material respects performed all obligations required to be performed by it under, and is not in default in any material respect under, or in violation in any material respect of, any agreement, lease, mortgage, note, bond, indenture, license, or other documents or undertaking, oral or written, relating to the Properties to which he is a party or by which he is bound, or by which the Properties may be materially affected. Except as expressly set forth on the Statement of Issues annexed hereto as Schedule 3, Seller is not in violation or default in any material respect of any judicial, administrative, or governmental order, writ, rule, regulation, injunction, or decree relating to the Properties. The execution and delivery of this Agreement, and the consummation of the transactions contemplated hereby, will not result in any violation or default referred to in this paragraph.

Due Performance. Seller has in all material respects performed all obligations required to be performed by it under, and is not in default in any material respect under, or in violation in any material respect of, its Certificate of Incorporation or by-laws, as amended, or any agreement, lease, mortgage, note, bond, indenture, license, license or other documents or undertaking, oral or written, relating to the Properties to which he it is a party or by which he it is bound, or by which the Properties it or any of its properties or assets may be materially affected. Except as expressly set forth on To the Statement best of Issues annexed hereto as Schedule 3its knowledge, Seller is not in violation or default in any material respect of any judicial, administrative, or governmental order, writ, rule, regulation, injunction, injunction or decree relating to the Propertiesof any court, administrative agency or governmental body. The execution and delivery of this Agreement, and the consummation of the transactions contemplated hereby, hereby will not result in any violation of the violations or default defaults referred to in this paragraph.

Due Performance. Seller has in all material respects performed all obligations required to be performed by it under, and is not in default in any material respect under, or in violation in any material respect of, its Articles of Incorporation and By-laws (or similar governing documents), as amended, or any agreement, lease, mortgage, note, bond, indenture, license, license or other documents document or undertaking, oral or written, relating to the Properties to which he it is a party or by which he it is bound, or by which the Properties it or any of its properties, assets or technology may be materially affected. Except as expressly set forth on the Statement of Issues annexed hereto as Schedule 3, Seller is not in violation or default in any material respect of any judicial, administrative, or governmental order, writ, rule, regulation, injunction, injunction or decree relating to the Propertiesof any court, administrative agency or governmental body. The execution and delivery of this Agreement, and the consummation of the transactions contemplated hereby, hereby will not result in any violation of the violations or default defaults referred to in this paragraph.

Due Performance. Seller has in all material respects performed all obligations required to be performed by it underhereunder, and is not in default in any material respect underhereunder, or in violation in any material respect ofof its Certificate of Incorporation or bylaws, as amended, or any agreement, lease, mortgage, note, bond, indenture, license, license or other documents or undertaking, oral or written, relating to the Properties to which he it is a party or by which he it is bound, or by which the Properties it or any of its properties or assets may be materially affected. Except as expressly set forth on the Statement of Issues annexed hereto as Schedule 3, Seller is not in violation or default in any material respect of any judicial, administrative, or governmental order, writ, rule, regulation, injunction, injunction or decree relating to the Propertiesof any court, administrative agency or governmental body. The execution and delivery of this Agreement, and the consummation of the transactions contemplated hereby, hereby will not result in any violation of the violations or default defaults referred to in this paragraph.