Common use of Buyer’s Performance Clause in Contracts

Buyer’s Performance. 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 Seller shall have received a certificate of an executive officer of Buyer, dated as of the Closing Date, as to such compliance.

Buyer’s Performance. The 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 duly performed and complied with in all material respects, ; and Seller there shall have received been delivered to Seller Parties a certificate of an executive officer of Buyer, dated as of the Closing DateDate and signed by an officer of Buyer, as certifying to such complianceeffect.

Buyer’s Performance. The 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, and . Seller shall have received a certificate of an executive officer to such effect, signed on behalf of Buyer, dated as of the Closing Date, as to such complianceby its chief executive officer and its chief financial officer.

Buyer’s Performance. 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 Seller Sellers shall have received a certificate of an executive officer of Buyer, dated as of the Closing Date, as to such compliance.

Buyer’s Performance. The 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, and Seller . Xxx shall have received a certificate of an executive officer to such effect, signed on behalf of Buyer, dated as of the Closing Date, as to such complianceby its chief executive officer or its chief financial officer.

Buyer’s Performance. The Each of the agreements and covenants of Buyer to be performed and obligations that complied with by Buyer is required to perform or to comply with pursuant to this Agreement at or prior to or as of the Closing must Date will have been duly performed and complied with in all material respects, and Seller . Buyer shall have received delivered to Seller a certificate of an executive officer of Buyersigned by its duly authorized managing member, dated as of the Closing Date, as to such complianceregarding the matters set forth in this Section 8.2.

Buyer’s Performance. 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, . The Buyer must have delivered each document required to be delivered by the Buyer pursuant to Section 1.4.2(b) and Seller shall must have received a certificate of an executive officer of Buyer, dated as of made the Closing Date, as Estimated Payment required to such compliancebe made by the Buyer pursuant to Section 1.4.2(a).

Buyer’s Performance. The All of the material 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 Seller shall have received a certificate of an executive officer of Buyer, dated as of the Closing Date, as to such compliance.

Buyer’s Performance. The (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) must have been performed and complied with in all material respects, and . Seller shall have received a certificate signed on behalf of an executive officer Buyer by the Chief Executive Officer of Buyer, dated as of the Closing Date, as Buyer to such complianceeffect.

Buyer’s Performance. 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 duly performed and complied with in all material respects, and Seller shall have received a certificate of an executive officer of Buyer, dated as of the Closing Date, as to such compliance.

Buyer’s Performance. 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 Seller shall have received a certificate of an executive officer of BuyerBuyer in the form of Exhibit G annexed hereto, dated as of the Closing Date, as to such compliance.

Buyer’s Performance. 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 will have been performed and complied with in all material respects, respects and Seller shall Sellers will have received a certificate of an executive officer of Buyer, dated as of the Closing Date, as Buyer to such complianceeffect signed by a duly authorized officer thereof.

Buyer’s Performance. The 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, and . Seller Entities shall have received a certificate of an executive officer to such effect, signed on behalf of Buyer, dated as of the Closing Date, as to such complianceby an authorized officer.

Buyer’s Performance. The 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, and . Seller shall have received a certificate to such effect, signed on behalf of Buyer by an executive officer of Buyer, dated as of the Closing Date, as to such complianceofficer.

Buyer’s Performance. 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 Seller shall have received a certificate of an executive officer of BuyerBuyer in the form of Exhibit F annexed hereto, dated as of the Closing Date, as to such compliance.

Buyer’s Performance. The All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to before the Closing must shall have been duly performed and complied with in all material respects, including the delivery of the material agreements, instruments and Seller documents listed in Section 2.9, and Buyer shall have received delivered to Seller a certificate of from an executive officer of Buyer, dated as of the Closing Date, as to such complianceeffect in a form reasonably acceptable to Seller.

Buyer’s Performance. The Each 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 must have been duly performed and complied with in all material respectswith, and Seller Sellers shall have received a an officer's certificate of an executive officer to such effect signed on behalf of Buyer, dated as of the Closing Date, as to such compliance.

Buyer’s Performance. The Each of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at on or prior to before the Closing Date must have been duly performed and complied with in all material respects, and Seller shall have received a certificate of an executive officer of Buyer, dated as of the Closing Date, as to such compliancewith.

Buyer’s Performance. The 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 (or the date of a Delayed Closing, as applicable) shall have been performed and complied with in all material respects (except that those covenants and agreements that are qualified as to materiality or similar expressions shall have been duly performed and complied with in all respects, ) and Seller shall have received a certificate of an executive officer of Buyer, dated as of the Closing Date, as Buyer to such complianceeffect.

Buyer’s Performance. The 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 shall have been performed and complied with in all material respects, and Seller shall have received a certificate of an executive officer of Buyer, dated as of the Closing Date, as Buyer to such complianceeffect signed by a duly authorized officer thereof.

Buyer’s Performance. The 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, and . Seller shall have received a certificate of an executive officer of Buyer, dated as also receive resignations from each of the Closing Date, as to such complianceBuyer's Directors and Officers.

Buyer’s Performance. The 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, and Seller shall have received a certificate of an executive officer of Buyer, dated as of the Closing Date, as to such compliance.

Buyer’s Performance. 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 Seller shall have received a certificate of an executive officer of BuyerBuyer in the form of Exhibit E annexed hereto, dated as of the Closing Date, as to such compliance.

Buyer’s Performance. The 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 shall have been performed and complied with in all material respects, and Seller shall have received a certificate of an executive officer from Buyer to such effect signed by a duly authorized representative of Buyer, dated as of the Closing Date, as to such compliance.

Buyer’s Performance. 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 and, unless the Contemplated Transactions are consummated simultaneously with the signing of this Agreement, Seller shall have received a certificate of an executive officer of Buyer, dated as of the Closing Date, as to such compliance.

Buyer’s Performance. The 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 will have been performed and complied with in all material respects, and Seller shall have received a certificate of an executive officer of Buyer, dated as of the Closing Date, as to such compliance.

Buyer’s Performance. 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 Seller shall have received a certificate of an executive officer of BuyerBuyer in the form of Exhibit H annexed hereto, dated as of the Closing Date, as to such compliance.

Buyer’s Performance. The 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, and Seller shall have received a certificate of an executive officer of Buyer, dated as of the Closing Date, as to such compliance.

Buyer’s Performance. The (a) All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at on or prior to before the Closing Date that do not contain an express materiality provision, must have been duly performed and complied with in all material respects, respects and Seller shall have received a certificate of an executive officer of Buyer, dated as of those covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement on or before the Closing Date, as to such complianceDate that do contain an express materiality provision must have been duly performed and complied with in all respects.

Buyer’s Performance. The 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, and . Seller shall have received a certificate of an executive officer to such effect, signed on behalf of Buyer, dated as of the Closing Date, as to such complianceby its manager.

Buyer’s Performance. The All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at on or prior to before the Closing Date (considered both collectively and individually) must have been performed and complied with in all material respects, and Seller . Buyer shall have received a certificate of an executive officer of Buyer, dated as (i) executed and delivered each of the Closing Date, as documents required to such compliancebe delivered by Buyer pursuant to Section 2.6.