Common use of Buyer’s Performance Clause in Contracts

Buyer’s Performance. Buyer shall have, in all material respects, (i) performed all covenants and obligations and (ii) complied with all conditions, required by this Agreement to be performed or complied with by Buyer on or before the Closing Date or each such covenant, obligation and condition shall be waived by Seller in writing and in its sole and absolute discretion prior to Closing.

Appears in 7 contracts

Samples: Purchase and Sale Agreement (BLACK CREEK INDUSTRIAL REIT IV Inc.), Purchase and Sale Agreement (Industrial Property Trust Inc.), Purchase and Sale Agreement (Industrial Property Trust Inc.)

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Buyer’s Performance. Buyer shall have, have performed or complied in all material respects, (i) performed respects with all of the covenants and obligations and (ii) complied with all conditions, required by this Agreement to be performed or complied with by Buyer them, respectively, under the terms of this Agreement on or before prior to the Closing Date or each Date, provided, however, that to the extent performance and compliance with such covenantcovenants and obligations are subject in this Agreement to a standard of materiality, obligation Buyer shall have performed and condition shall be waived by Seller complied in writing all respects with such covenants and in its sole and absolute discretion prior to Closingobligations.

Appears in 2 contracts

Samples: Stock Purchase and Sale Agreement (Bank Holdings), Stock Purchase and Sale Agreement (Premier Commercial Bancorp)

Buyer’s Performance. Buyer shall have, in all material respects, (i) performed all covenants and obligations (including delivery of all Closing Documents required to be delivered by Buyer hereunder, including the Management Agreements) and (ii) complied with all conditions, required by this Agreement to be performed or complied with by Buyer on or before the applicable Closing Date or each such covenant, obligation and condition shall be waived by the applicable Seller in writing and in its sole and absolute discretion prior to the applicable Closing.;

Appears in 1 contract

Samples: Purchase and Sale Agreement (Industrial Income Trust Inc.)

Buyer’s Performance. Buyer shall have, in all material respects, (i) performed all All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have been performed and (ii) complied with in all conditionsrespects, including Buyer shall have caused the documents and instruments required by this Agreement Section 4.2(b) to be performed delivered (or complied with by Buyer on or before the Closing Date or each such covenant, obligation and condition shall be waived by Seller in writing and in its sole and absolute discretion prior tendered subject only to Closing) to Seller and taken all other necessary actions, and Seller shall have received a certificate signed by an officer of Buyer to the foregoing effect.

Appears in 1 contract

Samples: Asset Purchase Agreement (MGP Ingredients Inc)

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Buyer’s Performance. Buyer shall have, in all material respects, (i) performed all covenants and obligations and (ii) complied with all conditions, required by this Agreement to be performed or complied with by Buyer on or before the Closing Date Date, including, without limitation, payment of the balance of the Purchase Price, or each such covenant, obligation and condition shall be waived by Seller in writing and in its sole and absolute discretion prior to Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Industrial Property Trust Inc.)

Buyer’s Performance. Buyer shall have, have performed in all material respects, (i) performed respects all covenants and obligations and (ii) complied with all conditions, required by this Agreement to be performed or complied with delivered by Buyer it on or before the Closing Date or each such covenantDate, obligation and condition shall be waived by Seller in writing and in its sole and absolute discretion prior to Closingincluding, without limitation, delivery of the Purchase Price.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Select Income REIT)

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