Acquiror's Performance. Acquiror shall have performed, observed and complied with all agreements and obligations required by this Agreement to be performed, observed and complied with on its part hereunder, including without limitation delivery of those items required to be delivered by Acquiror pursuant to Section 11.
Acquiror's Performance. All of the covenants and obligations that Acquiror and Acquisition Corp are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively) must have been duly performed and complied with in all material respects. 59
Acquiror's Performance. Acquiror shall have performed or complied in all material respects with all of the covenants and obligations to be performed or complied with by it under the terms of this Agreement and the Shareholder Agreement on or prior to the Closing Date; provided, however, that to the extent performance and compliance with such covenants and 58 obligations are subject in this Agreement or the Shareholder Agreement, as applicable, to a standard of materiality, Acquiror shall have performed and complied in all respects with such covenants and obligations.
Acquiror's Performance. (a) All of the covenants and obligations that Acquiror is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects.
Acquiror's Performance. (a) The covenants and obligations that Acquiror is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), shall have been performed and complied with in all material respects.
Acquiror's Performance. Acquiror shall have performed ---------------------- in all material respects all obligations and agreements, and complied in all material respects with all covenants and conditions, contained in this Agreement to be performed or complied with by it prior to the Closing Date.
Acquiror's Performance. Each of Acquiror and Acquisition Corp has performed or complied in all material respects with all of the covenants and obligations to be performed or complied with by it under the terms of this Agreement on or prior to the Closing Date, provided, however, that to the extent performance and compliance with such covenants and obligations are subject in this Agreement to a standard of materiality, and also with respect to the performance by Acquiror of its covenant in Section 2.7(a), Acquiror and Acquisition Corp shall have performed and complied in all respects with such covenants and obligations.
Acquiror's Performance. (a) All of the covenants and obligations that Acquiror is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. Without limiting the generality of the foregoing, Transferors shall have received the financial statements of Acquiror referred to in items (b) and (c) of Section 3.7(a) and there shall be, in the sole and exclusive judgment of Transferors, no unacceptable disclosures thereon or facts revealed thereby.
Acquiror's Performance. Each of Acquiror and Acquisition Corp shall ---------------------- have performed or complied in all material respects with all of the covenants and obligations to be performed or complied with by it under the terms of this Agreement on or prior to the Closing Date, provided however, that to the extent performance and compliance with such covenants and obligations are subject in this Agreement to a standard of materiality, Acquiror and Acquisition Corp shall have performed and complied in all respects with their respective covenants and obligations to the extend of the materiality standard set forth herein.
Acquiror's Performance. Each and all of the agreements and covenants of Acquiror to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respects.
