Common use of Buyer’s Performance Clause in Contracts

Buyer’s Performance. (a) 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 must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the payments required to be made by Buyer pursuant to Section 2.4(b).

Appears in 5 contracts

Samples: Stock Purchase Agreement (Hybrook Resources Corp.), Asset Purchase Agreement (Best Energy Services, Inc.), Stock Purchase Agreement (Hybrook Resources Corp.)

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Buyer’s Performance. (a) A. 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) B. Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the payments required to be made by Buyer pursuant to Section 2.4(b)2.5.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Elite Technologies Inc /Tx/), Stock Purchase Agreement (Phoenix International Industries Inc /Fl/), Purchase Agreement (Concap Inc)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 2.4 and must have made the cash payments required to be made by Buyer pursuant to Section 2.4(bSections 2.4(b)(i).

Appears in 3 contracts

Samples: Stock Purchase Agreement (James River Coal CO), Stock Purchase Agreement (Simclar Inc), Stock Purchase Agreement (Encore Medical Corp)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer is Buyers 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. (b) Buyer must have delivered deliver, or be prepared to deliver, each of the documents document required to be delivered by Buyer it pursuant to Section 2.4(b) and must have made the payments required to be made by Buyer pursuant to Section 2.4(b)2.04.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Capco Energy Inc), Asset Purchase Agreement (Capco Energy Inc), Asset Purchase Agreement (Delta Petroleum Corp/Co)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 1.4 and must have made the cash payments required to be made by Buyer pursuant to Section 2.4(bSections 1.4(b)(i) and 1.4(b)(ii).

Appears in 3 contracts

Samples: Membership Interests Purchase Agreement (Cal Maine Foods Inc), Stock Purchase Agreement (Morton Industrial Group Inc), Stock Purchase Agreement (Morton Industrial Group Inc)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered delivered, and made each of the payments required to be made, by Buyer pursuant to Section 2.4(b) and must have made the payments required to be made by Buyer pursuant to Section 2.4(b2.7(b).

Appears in 2 contracts

Samples: Asset Purchase Agreement (Cytomedix Inc), Asset Purchase Agreement (Cytomedix Inc)

Buyer’s Performance. (a) 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 each Closing Date must have been duly performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the payments required to be made by Buyer pursuant to Section 2.4(b).

Appears in 2 contracts

Samples: Stock Transfer Agreement (CHS Inc), Stock Transfer Agreement (CHS Inc)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 1.7 and must have made the payments payment required to be made by Buyer pursuant to Section 2.4(b)1.7.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Newcare Health Corp), Asset Purchase Agreement (Meadowbrook Rehabilitation Group Inc)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 2.4 and must have made the payments cash payment required to be made by Buyer pursuant to Section 2.4(b2.4(b)(i).

Appears in 2 contracts

Samples: Stock Purchase Agreement (Verilink Corp), Stock Purchase Agreement (Allis Chalmers Corp)

Buyer’s Performance. (a) 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 must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) and must have made paid the payments Purchase Price required to be made by Buyer paid to the Shareholder pursuant to Section 2.4(b)2.2.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Ply Gem Holdings Inc), Stock Purchase Agreement (Fortune Brands Home & Security, Inc.)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 2.3 and must have made delivered the payments Acquisition Price required to be made by Buyer pursuant to Section 2.4(b)Sections 2.1.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Integrated Orthopedics Inc), Stock Purchase Agreement (Integrated Orthopedics Inc)

Buyer’s Performance. (a) a. 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 must have been duly performed and complied with in all material respects. (b) b. Each document required to be delivered pursuant to this Agreement must have been delivered, and Buyer must have delivered each of the documents required convertible promissory note to be delivered by Buyer pursuant to Section 2.4(b) and must have made the payments required to be made by Buyer pursuant to Section 2.4(b)Norton.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Elevate, Inc.), Asset Purchase Agreement (Highland Business Services, Inc.)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects, or timely cured. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 2.4 and must have made the cash payments required to be made by Buyer pursuant to Section 2.4(b2.4(b)(i).

Appears in 2 contracts

Samples: Stock Purchase Agreement (Suggs Carroll W), Stock Purchase Agreement (Petroleum Helicopters Inc)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material Material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 2.4 and must have made the cash payments required to be made by Buyer pursuant to Section 2.4(bSections 2.4(b)(i) and 2.4(b)(ii).

Appears in 2 contracts

Samples: Stock Purchase Agreement (Foster L B Co), Stock Purchase Agreement (Foster L B Co)

Buyer’s Performance. (a) All of the covenants and obligations that the Buyer 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. (b) The Buyer must have delivered each of the documents required to be delivered by the Buyer pursuant to Section 2.4(b) 2.4 and the Buyer must have made the payments cash payment and delivered the securities required to be made by Buyer pursuant to Section 2.4(b)2.2.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Cpi Corp), Stock Purchase Agreement (Cpi Corp)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) . Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 5.3 and must have made the payments required to be made by Buyer pursuant to Section 2.4(b)Sections 2.3, 2.4, 5.4 and 5.5.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Alexander & Baldwin, Inc.), Purchase and Sale Agreement (Alexander & Baldwin, Inc.)

Buyer’s Performance. (a) 7.2.1 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 Closing, individually and in the aggregate, must have been duly and fully performed and complied with in all material respects. (b) Buyer must have delivered each of the documents 7.2.2 Each document, agreement, instrument or certificate required to be executed and/or delivered by Buyer pursuant to Section 2.4(b) and must shall have made the payments required to be made by Buyer pursuant to Section 2.4(b)been duly executed and/or delivered, as applicable.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Critical Home Care Inc), Stock Purchase Agreement (American Physicians Capital Inc)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the payments required to be made by Buyer pursuant to Section 2.4(b).

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement (Global Technologies LTD), Membership Interest Purchase Agreement (Global Technologies LTD)

Buyer’s Performance. (a1) All of the covenants Each and obligations every covenant and obligation that Buyer is required to perform or to comply with pursuant to this Agreement Agreement, at or prior to the Closing Closing, must have been performed and complied with in all material respects. (b2) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the payments required to be made by Buyer pursuant to Section 2.4(b)2.3.

Appears in 2 contracts

Samples: Stock Exchange Agreement (Serefex Corp), Stock Exchange Agreement (Serefex Corp)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 2.4 and must have made the payments cash payment required to be made by Buyer pursuant to Section 2.4(bSections 2.4(b)(i).

Appears in 2 contracts

Samples: Stock Purchase Agreement (Aquagenix Inc/De), Stock Purchase Agreement (Guitar Center Inc)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents and other items required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the payments required to be made by Buyer pursuant to Section 2.4(b)2.4.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Kupper Parker Communications Inc), Stock Purchase Agreement (Kupper Parker Communications Inc)

Buyer’s Performance. (a) 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 must have been performed and complied with in all material respects. (b) Buyer must shall have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) delivered, and must have made each of the payments required to be made made, by Buyer it pursuant to Section 2.4(b2.6(b).

Appears in 2 contracts

Samples: Asset Purchase Agreement (By&c Management Inc), Asset Purchase Agreement (By&c Management Inc)

Buyer’s Performance. (a) 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 must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) SECTION 1.4 and must have made paid the payments Purchase Price required to be made by Buyer pursuant to Section 2.4(bSECTION 1.4(b).

Appears in 2 contracts

Samples: Stock Purchase Agreement (Polyphase Corp), Stock Purchase Agreement (Polyphase Corp)

Buyer’s Performance. (a) 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 Closing, must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 2.5 and must have made the cash payments required to be made by Buyer pursuant to Section 2.4(bSections 2.5(b)(i) and 2.5(b)(ii).

Appears in 2 contracts

Samples: Stock Purchase Agreement (Masada Security Holdings Inc), Stock Purchase Agreement (Masada Security Holdings Inc)

Buyer’s Performance. (a) All Each 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 must have been duly performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the payments required to be made by Buyer pursuant to Section 2.4(b).

Appears in 2 contracts

Samples: Purchase Agreement (Protech Home Medical Corp.), Purchase Agreement (Protech Home Medical Corp.)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 1.4 and must have made the cash payments required to be made by Buyer pursuant to Section 2.4(b1.4(b)(i).

Appears in 2 contracts

Samples: Equity Purchase Agreement (Polymedica Corp), Stock Purchase Agreement (Morton Industrial Group Inc)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 1.3 and must have made transferred the payments required to be made by Buyer Purchase Consideration pursuant to Section 2.4(bSections 1.3(b)(i) and 1.3(b)(ii).

Appears in 2 contracts

Samples: Stock Purchase Agreement (Bill Gross Idealab Inc), Stock Purchase Agreement (Bill Gross Idealab Inc)

Buyer’s Performance. (a) All of the The covenants and obligations that the Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing must have been performed and complied with in all material respects. (b) . The Buyer must have delivered each of the documents document required to be delivered by the Buyer pursuant to Section 2.4(b1.4.2(b) and must have made the payments Estimated Payment required to be made by the Buyer pursuant to Section 2.4(b1.4.2(a).

Appears in 2 contracts

Samples: Equity Purchase Agreement (Miracor Diagnostics Inc), Equity Purchase Agreement (Miracor Diagnostics Inc)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer is required to perform perform, or to comply with with, pursuant to this Agreement at or prior to the Closing must shall have been duly performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the payments required to be made by Buyer pursuant to Section 2.4(b).;

Appears in 2 contracts

Samples: Asset Purchase Agreement (Accelerize New Media Inc), Asset Purchase Agreement (Lubrizol Corp)

Buyer’s Performance. (a) 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 Closing, individually and in the aggregate, must have been duly and fully performed and complied with in all material respects. (b) Buyer must have delivered each of the documents . Each document, agreement, instrument or certificate required to be executed and/or delivered by Buyer pursuant to Section 2.4(b) and must shall have made the payments required to be made by Buyer pursuant to Section 2.4(b)been duly executed and/or delivered, as applicable.

Appears in 2 contracts

Samples: Stock Subscription Agreement (Probe Manufacturing Inc), Stock Subscription Agreement (Probe Manufacturing Inc)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents and instruments required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the payments required to be made by Buyer pursuant to Section 2.4(b).

Appears in 1 contract

Samples: Stock Purchase Agreement (Second Bancorp Inc)

Buyer’s Performance. (a) 8.2.1 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) 8.2.2 Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 2.4 and must have made the cash payments required to be made by Buyer pursuant to Section 2.4(b2.4.2(i).

Appears in 1 contract

Samples: Stock Purchase Agreement (Standard Pacific Corp /De/)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 2.4 and must have made the cash payments required to be made by Buyer pursuant to Section 2.4(bSections 2.4(b)(i) and 2.4(b)(ii).

Appears in 1 contract

Samples: Stock Purchase Agreement (Cardiotech International Inc)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 2.3 and must have made the payments required to be made by Buyer pursuant to Section 2.4(bSections 2.3(b)(i), 2.3(b)(ii) and 2.3(b)(iii).

Appears in 1 contract

Samples: Reorganization Agreement (Pacific Coast Apparel Co Inc)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to Article 6, Section 11.4 and Section 11.5 of this Agreement at or prior to the Closing must have been duly performed and complied with in all material respects. (b) Buyer must have delivered each Each of the documents and other items required to be delivered by Buyer pursuant to Section 2.4(b) 2.4 must have been delivered, and Buyer must have made the cash payments required to be made by Buyer pursuant to Section 2.4(bSections 2.4(b)(i) and 2.4(c).

Appears in 1 contract

Samples: Stock Purchase Agreement (Venturi Partners Inc)

Buyer’s Performance. (a) All of the The covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing must have been performed and complied with in all material respects. (b) . Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 2.8 and must have made the cash payments required to be made by Buyer pursuant to Section 2.4(b2.8(b)(i).

Appears in 1 contract

Samples: Asset Purchase Agreement (Schnitzer Steel Industries Inc)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 2.4 and must have made the cash payments required to be made by Buyer pursuant to Section 2.4(bSections 2.4(b)(i) and 2.4(b)(iii).

Appears in 1 contract

Samples: Stock Purchase Agreement (Aduddell Industries Inc)

Buyer’s Performance. (a) 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 must (considered collectively), and each of these covenants and obligations (considered individually), shall have been performed and complied with in all material respects. (b) Buyer must shall have delivered each of the documents and the consideration required to be delivered by Buyer to Seller pursuant to Section 2.4(b) and must have made the payments required to be made by Buyer pursuant to Section 2.4(b)10.3 hereof.

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement (Huttig Building Products Inc)

Buyer’s Performance. (a) All of the covenants and obligations that the Buyer 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. (b) The Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the payments required to be made by Buyer pursuant to Section 2.4(b). (c) The Buyer must have made the cash payment(s) required to be made by the Buyer pursuant to Section 2.2(b).

Appears in 1 contract

Samples: Purchase and Sale Agreement (Measurement Specialties Inc)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 2.4 and must have made the payments required to be made Closing Payment, as adjusted by Buyer pursuant to Section 2.4(b)the Adjustment Amount.

Appears in 1 contract

Samples: Stock Purchase Agreement (Alliance Bankshares Corp)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the payments required to be made by Buyer pursuant to Section 2.4(b).2.4

Appears in 1 contract

Samples: Stock Purchase Agreement (Morrison Health Care Inc)

Buyer’s Performance. (a) 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 must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the cash payments required to be made by Buyer pursuant to Section 2.4(b2.4(b)(i) and Section 2.4(c).

Appears in 1 contract

Samples: Stock Purchase Agreement (Measurement Specialties Inc)

Buyer’s Performance. (a) All of the covenants and obligations that the Buyer 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. (b) The Buyer must have delivered each of the documents required to be delivered by the Buyer pursuant to Section 2.4(b) 2.5 and must have made the payments required to be made Closing Payment, as adjusted by Buyer pursuant to Section 2.4(b)the Adjustment Amount.

Appears in 1 contract

Samples: Asset Purchase Agreement (Alliance Bankshares Corp)

Buyer’s Performance. (a) 7.3.1 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 Closing, individually and in the aggregate, must have been duly and fully performed and complied with in all material respects. (b) Buyer must have delivered each of the documents 7.3.2 Each document, agreement, instrument or certificate required to be executed and/or delivered by Buyer pursuant to Section 2.4(b) and must shall have made the payments required to be made by Buyer pursuant to Section 2.4(b)been duly executed and/or delivered, as applicable.

Appears in 1 contract

Samples: Limited Liability Company Ownership Interest Purchase Agreement (Generex Biotechnology Corp)

Buyer’s Performance. (a) All Each of the covenants and obligations that Buyer and/or Parent is required to perform or to comply with pursuant to this Agreement at or prior to the Closing must have been duly performed and complied with in all material respects. (b) Buyer and/or Parent must have delivered to the Company each of the documents and payments required to be delivered by Buyer pursuant to Section 2.4(b) Sections 2.3 and must have made the payments 2.5 hereof and as otherwise required to be made by Buyer pursuant to Section 2.4(b)this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Iptimize, Inc.)

Buyer’s Performance. (a) 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 Closing, must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the payments required to be made by Buyer pursuant to Section 2.4(b)2.4.

Appears in 1 contract

Samples: Stock Purchase Agreement (Metromedia International Group Inc)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement or any of the other Operative Documents 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. (b) Buyer must have delivered each of paid the documents required Purchase Price to be delivered by Buyer pursuant to Section 2.4(b) and must have made the payments required to be made by Buyer pursuant to Section 2.4(b)Seller.

Appears in 1 contract

Samples: Option Agreement

Buyer’s Performance. (a) 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 must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 2.4 and must have made the cash payments required to be made by Buyer pursuant to Section 2.4(bSections 2.4(b)(i) and 2.4(b)(ii).

Appears in 1 contract

Samples: Stock Purchase Agreement (Encore Medical Corp)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 2.6 and must have made made, or caused to have been made, the payments required to be made by Buyer pursuant to Section 2.4(b)Closing Cash Payments.

Appears in 1 contract

Samples: Asset Purchase Agreement (West Pharmaceutical Services Inc)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents and instruments required to be delivered by Buyer pursuant to Section 2.4(b) 2.4 and must have made the payments cash payment required to be made by Buyer pursuant to Section 2.4(bSections 2.4(b)(i).

Appears in 1 contract

Samples: Stock Purchase Agreement (Peak Resorts Inc)

Buyer’s Performance. (a) 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 must have been performed and complied with in all material respects. (b) Buyer The Purchase Price must have been delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the payments required to be made by Buyer pursuant to Section 2.4(b)Sellers.

Appears in 1 contract

Samples: Loan and Stock Purchase Agreement (St Mary Land & Exploration Co)

Buyer’s Performance. (a) 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 must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b1.4(b) and must have made paid the payments Purchase Price required to be made by Buyer pursuant to Section 2.4(b1.4(b).

Appears in 1 contract

Samples: Stock Purchase Agreement (Polyphase Corp)

Buyer’s Performance. (a) All of the The covenants and obligations that Buyer is ------------------- required to perform or to comply with pursuant to this Agreement at or prior to the Closing must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the payments required to be made by Buyer pursuant to Section 2.4(b).

Appears in 1 contract

Samples: Asset Purchase Agreement (Entravision Communications Corp)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 2.4 and must have made the cash payments required to be made by Buyer pursuant to Section 2.4(b2.4(b)(iii).

Appears in 1 contract

Samples: Equity Purchase Agreement (Zumiez Inc)

Buyer’s Performance. (a) 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 must shall have been performed and complied with in all material respects. (b) Buyer must shall have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 2.5 and must this Article X and shall have made the cash payments required to be made by Buyer pursuant to Section 2.4(b)Sections 2.5(b) and 2.7.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Healthextras Inc)

Buyer’s Performance. (a) 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 must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the cash payments required to be made by Buyer pursuant to Section 2.4(b2.4(b)(i).

Appears in 1 contract

Samples: Stock Purchase Agreement (MPW Industrial Services Group Inc)

Buyer’s Performance. (a) 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 Closing, and each of these covenants and obligations must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 2.4 and must have made the payments required to be made by Buyer pursuant to Section 2.4(b)2.4.

Appears in 1 contract

Samples: Stock Purchase Agreement (Setech Inc /De)

Buyer’s Performance. (a) 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 (considered collectively) and each of these covenants and obligations (considered individually) must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) by, and must have made the cash payments required require to be made by Buyer made, pursuant to Section 2.4(b).

Appears in 1 contract

Samples: Stock Purchase Agreement (Emrise CORP)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the payments delivered shares of America's Shopping Mall, Inc. common stock required to be made by Buyer pursuant to Section Sections 2.4(b).

Appears in 1 contract

Samples: Stock Purchase Agreement (Americas Shopping Mall Inc)

Buyer’s Performance. (a) 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 must (considered collectively), and each of these covenants and obligations (considered individually), shall have been duly performed and complied with in all material respects. (b) Buyer must have delivered each of the documents Each document required to be delivered by Buyer pursuant to Section 2.4(b) and must 2.7 shall have made the payments required to be made by Buyer pursuant to Section 2.4(b)been delivered.

Appears in 1 contract

Samples: Asset Purchase Agreement

Buyer’s Performance. (a) 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 must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 2.4 and must have made the payments cash payment required to be made by Buyer pursuant to Section 2.4(b2.4(a).

Appears in 1 contract

Samples: Stock Purchase Agreement (Inmedica Development Corp)

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Buyer’s Performance. (a) 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 must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 1.10 and must have made the cash payments required to be made by Buyer pursuant to Section 2.4(b1.10(b).

Appears in 1 contract

Samples: Stock Purchase Agreement (Quiksilver Inc)

Buyer’s Performance. (a) All of the Buyer will have performed and complied in all material respects (considered collectively and individually) with all covenants and obligations agreements that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing must have been performed and complied with in all material respectsClosing. (b) Buyer must have delivered each Each of the documents required to be delivered by Buyer pursuant to Section 2.4(bSections 2.4(c) and (e) must have made been delivered, and Buyer must have delivered the payments required to be made by Buyer pursuant to Section 2.4(b)Closing Consideration.

Appears in 1 contract

Samples: Stock Purchase Agreement (Regal Entertainment Group)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered to Seller each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the payments cash payment required to be made by Buyer , each as required pursuant to Section 2.4(b1.7(b)(ii).

Appears in 1 contract

Samples: Stock Purchase Agreement (Century Aluminum Co)

Buyer’s Performance. (a) 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 (considered collectively), and each of the covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) this Agreement and must have made the cash payments required to be made by Buyer pursuant to Section 2.4(bSections 2.4 (b) (i) and 2.4 (b) (ii).

Appears in 1 contract

Samples: Stock Purchase Agreement (CSS Industries Inc)

Buyer’s Performance. (a) 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 must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the payments required to be made by Buyer pursuant to Section 2.4(b)2.4.

Appears in 1 contract

Samples: Stock Purchase Agreement (Commercial National Financial Corp /Pa)

Buyer’s Performance. (a) 7.2.1 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) 7.2.2 Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 2.5 and must have made the cash payments required to be made by Buyer pursuant to Section 2.4(b)2.5.2.

Appears in 1 contract

Samples: Stock Purchase Agreement (Fields Aircraft Spares Inc)

Buyer’s Performance. (a) 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 must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 1.4 and must have made paid the payments remaining balance of the Purchase Price required to be made by Buyer pursuant to Section 2.4(b1.4(b).

Appears in 1 contract

Samples: Stock Purchase Agreement (Polyphase Corp)

Buyer’s Performance. (a) All Each of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement and Buyer’s Closing Documents at or prior to the Closing must have been performed and complied with in all material respects. (b) Buyer must have delivered to the Seller each of the documents and payments required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the payments required to be made by Buyer pursuant to Section 2.4(b)9.2.

Appears in 1 contract

Samples: Asset Purchase Agreement (Level20 Inc.)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer is Buyers are 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. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) and . Buyers must have made or caused to be made the payments payment required to be made by Buyer Buyers pursuant to Section 2.4(b).

Appears in 1 contract

Samples: Stock Purchase Agreement (Firearms Training Systems Inc)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer is and its Guarantors are required to perform or to comply with pursuant to this Agreement at or prior to the Closing must have been duly performed and complied with in all material respects. (b) Buyer must have delivered each of the documents . Each document required to be delivered by Buyer pursuant to Section 2.4(b) and 4 must have made the payments required to be made by Buyer pursuant to Section 2.4(b)been delivered.

Appears in 1 contract

Samples: Purchase Agreement (Nevada Gold & Casinos Inc)

Buyer’s Performance. (a) 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 Date, must have been performed and complied with in all material respects. (b) Buyer must have tendered or delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 2.4 and must have tendered or made the payments cash payment required to be made by Buyer pursuant to Section 2.4(b)2.4.

Appears in 1 contract

Samples: Stock Purchase Agreement (Ralcorp Holdings Inc /Mo)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents and other items, including the CODI Shares, required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the payments required to be made by Buyer pursuant to Section 2.4(b).

Appears in 1 contract

Samples: Stock and Note Purchase Agreement (Compass Group Diversified Holdings LLC)

Buyer’s Performance. (a) 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 (considered collectively), and each of such covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents Each document required to be delivered by pursuant to this Article 8 must have been delivered. (c) Buyer must have satisfied its obligations pursuant to Section 2.4(b2.3(a) and must have made the payments required 2.3(b) to be made by Buyer pursuant to Section 2.4(b)satisfied at the Closing.

Appears in 1 contract

Samples: Stock Purchase Agreement (Standex International Corp/De/)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b2.5(b) and must have made the cash payments required to be made by Buyer pursuant to Section 2.4(b2.5(b)(i).

Appears in 1 contract

Samples: Asset Purchase Agreement (Morrison Health Care Inc)

Buyer’s Performance. (a) All of the covenants and obligations that Parent and Buyer is are 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. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the payments required to be made by Buyer pursuant to Section 2.4(b1.8(b).

Appears in 1 contract

Samples: Merger Agreement (Quiksilver Inc)

Buyer’s Performance. (a) All Each 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 must have been performed and complied with in all material respects.; and (b) Buyer must have delivered each of the documents required to be delivered by Buyer them pursuant to Section 2.4(b) and must have made the payments required to be made by Buyer pursuant to Section 2.4(b)SECTION 4.2.2.

Appears in 1 contract

Samples: Asset Purchase Agreement (Platinum Entertainment Inc)

Buyer’s Performance. (a) 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 must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents Each document required to be delivered by Buyer pursuant to Section 2.4(b) must have been delivered to Seller and Buyer and must have made the payments cash payment required to be made by Buyer pursuant to Section 2.4(b2.4(b)(i).

Appears in 1 contract

Samples: Stock Sale and Purchase Agreement (Prestige Brands International, LLC)

Buyer’s Performance. (a) All Buyer shall have made the payments contemplated by SECTION 1.3 and each of the documents required of Buyer referred to in SECTION 1.2(B) shall have been executed and delivered by Buyer to Sellers. (b) Each of the other covenants and obligations that Buyer is required to perform comply with or to comply with perform pursuant to this Agreement at or prior to the Closing must shall have been performed and complied with and performed in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the payments required to be made by Buyer pursuant to Section 2.4(b).

Appears in 1 contract

Samples: Asset Purchase Agreement (Oil Dri Corporation of America)

Buyer’s Performance. (a) 7.2.1 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 Closing, individually and in the aggregate, must have been duly and fully performed and complied with in all material respects. (b) Buyer must have delivered each of the documents 7.2.2 Each document, agreement, instrument or certificate required to be executed and/or delivered by Buyer pursuant to Section 2.4(b) and must shall have made the payments required to be made by Buyer pursuant to Section 2.4(b)been duly executed and/or delivered, as applicable.

Appears in 1 contract

Samples: Limited Liability Company Ownership Interest Purchase Agreement (Arcadia Resources, Inc)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the cash payments required to be made by Buyer pursuant to Section 2.4(b2.5(b).

Appears in 1 contract

Samples: Stock Purchase Agreement (McClatchy Co)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) Sections 2.4 and must have made the payments required to be made by Buyer pursuant to Section 2.4(b)2.5.

Appears in 1 contract

Samples: Stock Purchase Agreement (Harmonic Lightwaves Inc)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer is Buyers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing must have been performed and complied with in all material respects. (b) Each Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the payments delivery required to be made by Buyer Buyers pursuant to Section 2.4(b).

Appears in 1 contract

Samples: Purchase Agreement (Wood River ASSOCIATES,L.L.C.)

Buyer’s Performance. (a) i. 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects.; and (b) ii. Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 2.d.ii. and must have made paid the payments required to be made by Buyer pursuant to Section 2.4(b)Unadjusted Purchase Price.

Appears in 1 contract

Samples: Stock Purchase Agreement (Aerolink International Inc)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the cash payments required to be made by Buyer pursuant to Section 2.4(b2.2(a).

Appears in 1 contract

Samples: Stock Purchase Agreement (Measurement Specialties Inc)

Buyer’s Performance. (a) 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 must have been duly performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the payments cash payment required to be made by Buyer pursuant to Section 2.4(b2.4(b)(i).

Appears in 1 contract

Samples: Purchase Agreement (Nexstar Pharmaceuticals Inc)

Buyer’s Performance. (a) All of the agreements, covenants and obligations that Buyer is Buyers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing must have been duly performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the payments required to be made by Buyer pursuant to Section 2.4(b).

Appears in 1 contract

Samples: Interest Purchase Agreement (Nci Building Systems Inc)

Buyer’s Performance. (a) 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 (considered collectively), and each of such covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents Each document required to be delivered by pursuant to this Article 8 must have been delivered. (c) Buyer must have satisfied its obligations pursuant to Section 2.4(b) and must have made the payments required to be made by Buyer pursuant to Section 2.4(b2.3(a).

Appears in 1 contract

Samples: Stock Purchase Agreement (Standex International Corp/De/)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) . Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 2.4 and must have made the payments required to be made by Buyer pursuant to Section 2.4(bSections 2.4(b)(i) and 2.4(b)(ii).

Appears in 1 contract

Samples: Share Purchase Agreement (Global Gold Corp)

Buyer’s Performance. (a) 7.2.1.1 All of the covenants and obligations that the Buyer 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. (b) 7.2.1.2 The Buyer must have delivered each of the documents required to be delivered by the Buyer pursuant to Section 2.4(b) and must have made the payments required to be made by Buyer pursuant to Section 2.4(b)Clause 2.3.2.

Appears in 1 contract

Samples: Share Purchase Agreement (Vantage Energy Services, Inc.)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied compiled with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) Paragraph 2.4 and must have made the cash payments required to be made by Buyer pursuant to Section 2.4(bParagraphs 2.4(b)(i) and 2.4(b)(ii).

Appears in 1 contract

Samples: Stock Purchase Agreement (Exco Resources Inc)

Buyer’s Performance. (a) All Each 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 must have been performed and complied with in all material respectsrespects and Buyer shall deliver an officer's certificate certifying such at the Closing. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the payments payment required to be made by Buyer pursuant to Section 2.4(b2.4(b)(i).

Appears in 1 contract

Samples: Member Interest Purchase Agreement (Aldila Inc)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 2.4 and must have made the cash payments required to be made by Buyer pursuant to Section 2.4(b)2.

Appears in 1 contract

Samples: Stock Purchase Agreement (Emcon)

Buyer’s Performance. (a) All of the The covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing must have been performed and complied with in all material respects. (b) respects and Buyer must shall have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the payments required to be made by Buyer pursuant to Section 2.4(b)this Article 8.

Appears in 1 contract

Samples: Asset Purchase Agreement (Finish Line Inc /In/)

Buyer’s Performance. (a) 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 must have been duly performed and complied with in all material respects. (b) Buyer must have delivered each of the documents Each document required to be delivered by Buyer pursuant to Section 2.4(b) and 4.2 must have made the payments required to be made by Buyer pursuant to Section 2.4(b)been delivered.

Appears in 1 contract

Samples: Merger Agreement (Commerce Planet)

Buyer’s Performance. (a) 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 (considered collectively), and each of these covenants and obligations (considered collectively), must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the cash payments required to be made by Buyer pursuant to Section 2.4(b2.4(b)(i).

Appears in 1 contract

Samples: Stock Purchase Agreement (A Consulting Team Inc)

Buyer’s Performance. (a) All Each 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 must have been duly performed and complied with in all material respects. (b) Buyer must have delivered to the Company each of the documents and payments required to be delivered by Buyer pursuant to Section 2.4(b) Sections 2.3 and must have made the payments 2.5 hereof and as otherwise required to be made by Buyer pursuant to Section 2.4(b)this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Iptimize, Inc.)

Buyer’s Performance. (a) 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 must have been performed and complied with in all material respects. (b) Buyer must have delivered delivered, or caused to be delivered, each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) 2.4 and must have made the payments required to be made by Buyer pursuant to Section 2.4(bSections 2.4(c).

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Suiza Foods Corp)

Buyer’s Performance. (a) 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 First Closing must have been performed and complied with in all material respects. (b) Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4(b) and must have made the payments required to be made by Buyer pursuant to Section 2.4(b).

Appears in 1 contract

Samples: Purchase and Sale Agreement (Atria Communities Inc)

Buyer’s Performance. (ai) 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (bii) Buyer must have delivered or executed each of the documents required to be delivered or executed by Buyer pursuant to Section 2.4(b) 7.2 and must have made the cash payments required to be made by Buyer pursuant to Section 2.4(b)1.6.

Appears in 1 contract

Samples: Merger Agreement (Eb2b Commerce Inc /Ny/)

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