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

Appears in 1 contract

Samples: Stock Purchase Agreement (Standard Register Co)

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

Appears in 1 contract

Samples: Asset Purchase Agreement (Talton Invision 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 shall must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4 and must have made the cash payment required to be made by Buyer pursuant to Sections 2.4(b)(i2.(B)(i).

Appears in 1 contract

Samples: Securities Purchase Agreement (Seacor Smit 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 shall must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4 and must have made delivered the cash payment required Purchase Price by wire transfer of immediately available Funds to be made by Buyer pursuant to Sections 2.4(b)(i)Seller.

Appears in 1 contract

Samples: Stock Purchase Agreement (Scholastic 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 shall must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4 2.5 and must have made the cash payment payments required to be made by Buyer pursuant to Sections 2.4(b)(i)Section 2.5.

Appears in 1 contract

Samples: Stock Purchase Agreement (Home Products 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 shall must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4 and must have made the cash payment payments required to be made by Buyer pursuant to Sections Section 2.4(b)(i).. 47

Appears in 1 contract

Samples: Stock Purchase Agreement (Nationsrent 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 shall must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4 and must have made the cash payment payments required to be made by Buyer pursuant to Sections 2.4(b)(i2.3(b)(i).

Appears in 1 contract

Samples: Stock Purchase Agreement (Qad 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 shall must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4 3.2 and must have made the cash payment and delivery of the Merger Shares required to be made by Buyer pursuant to Sections 2.4(b)(i)Section 2.5.

Appears in 1 contract

Samples: Merger Agreement (Home Products International Inc)

Buyer’s Performance. (ai) 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. (bii) The Buyer shall must have delivered each of the documents required to be delivered by the Buyer pursuant to Section 2.4 1.6 hereof and must have made the cash payment payments required to be made by the Buyer pursuant to Sections 2.4(b)(i)Section 1.6 hereof.

Appears in 1 contract

Samples: Stock and Real Estate Purchase Agreement (American Locker 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 respectswith. (b) Buyer shall must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4 and must have made the cash payment payments required to be made by Buyer pursuant to Sections 2.4(b)(i) and 2.4(b)(ii).

Appears in 1 contract

Samples: Stock Acquisition Agreement (Talton Invision 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 shall must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4 ss.2.4(b) and must have made the cash payment Cash Payment required to be made by Buyer pursuant to Sections 2.4(b)(iss.2.4(b)(i).

Appears in 1 contract

Samples: Stock Purchase Agreement (Nationsrent 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 (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 shall must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4 and must have made the cash payment payments required to be made by Buyer pursuant to Sections 2.4(b)(i)) and 2.4(b)(ii) .

Appears in 1 contract

Samples: Stock Purchase Agreement (Cogenco 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 shall must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4 2.7 and must have made the cash payment payments required to be made by Buyer pursuant to Sections 2.4(b)(i2.3(b)(i) and 2.3(b)(ii).

Appears in 1 contract

Samples: Asset Purchase Agreement (Bell Microproducts 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 shall must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4 1.4 and must have made the cash payment required to be made by Buyer pursuant to Sections 2.4(b)(i1.4(b)(i).

Appears in 1 contract

Samples: Stock Purchase Agreement (Team Financial Inc /Ks)

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 shall Buyers must have delivered each of the documents required to be delivered by Buyer Buyers pursuant to Section 2.4 and must have made the cash payment payments required to be made by Buyer Buyers pursuant to Sections Section 2.4(b)(i) and Section 2.4(b)(iv).

Appears in 1 contract

Samples: Stock Purchase Agreement (Maverick Tube Corporation)

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 shall must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4 (including the Employment Agreements) and must have made the cash payment payments required to be made by Buyer pursuant to Sections 2.4(b)(iSection 2.4(b).

Appears in 1 contract

Samples: Stock Purchase Agreement (Kimberton Enterprises 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 shall must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4 2.3 and must have made the cash payment payments and delivered the notes required to be made by Buyer pursuant to Sections 2.4(b)(i)Section 2.1.

Appears in 1 contract

Samples: Stock Purchase Agreement (Integrated Orthopedics 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 shall must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4 5.4 and must have made paid the cash payment required Purchase Price to be made by Buyer pursuant to Sections 2.4(b)(i)Sellers as set forth herein.

Appears in 1 contract

Samples: Stock Purchase Agreement (Ansoft 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 shall must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4 1.3 and must have made transferred the cash payment required to be made by Buyer Purchase Consideration pursuant to Sections 2.4(b)(i1.3(b)(i) and 1.3(b)(iii).

Appears in 1 contract

Samples: Stock Purchase Agreement (Bill Gross Idealab Inc)

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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 shall Buyers must have delivered each of the documents required to be delivered by Buyer Buyers pursuant to Section 2.4 and must have made the cash payment payments required to be made by Buyer Buyers pursuant to Sections 2.4(b)(i) and 2.4(b)(ii).

Appears in 1 contract

Samples: Partnership Interests Purchase Agreement (Texas 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 shall must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4 1.4 and must have made issued the cash payment Common Stock required to be made delivered by Buyer pursuant to Sections 2.4(b)(i)Section 1.2.

Appears in 1 contract

Samples: Stock Purchase Agreement (Reynard Motorsport 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 shall must have delivered each of the documents required to be delivered by Buyer pursuant to Section Sections 2.4 through 2.7 and must have made the cash payment payments required to be made by Buyer pursuant to Sections 2.4(b)(i)Section 2.2.

Appears in 1 contract

Samples: Stock Purchase Agreement (United Shields Corp/Oh/)

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 shall must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4 and must have made paid the cash payment Purchase Price required to be made by Buyer pursuant to Sections Section 2.4(b)(i).

Appears in 1 contract

Samples: Stock Purchase Agreement (Isg 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 shall must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4 and must have made the cash payment required to be made by Buyer pursuant to Sections 2.4(b)(i).

Appears in 1 contract

Samples: Stock Purchase Agreement (Tel Instrument Electronics 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 the LOI 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 shall must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4 and must have made the cash payment payments required to be made by Buyer pursuant to Sections 2.4(b)(i)) .

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Gryphon Gold 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 shall must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4 2.4(b) and must have made paid the cash payment required to be made by Buyer Estimated Purchase Price pursuant to Sections Section 2.4(b)(i).

Appears in 1 contract

Samples: Stock Purchase Agreement (Courier 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 shall have delivered each Each of the documents required to be delivered by Buyer pursuant to Section 2.4 and must have made been delivered and the cash payment payments required to be made by Buyer pursuant to Sections 2.4(b)(i)Section 2.4 must have been made.

Appears in 1 contract

Samples: Asset Purchase Agreement (Ameritel Pay Phones 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 shall must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4 and must have made the cash payment payments required to be made by Buyer pursuant to Sections 2.4(b)(i2.2(a) and 2.2(b).

Appears in 1 contract

Samples: Stock Purchase Agreement (Integrated Communication Networks 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 shall must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4 2.3 and must have made the cash payment payments required to be made by Buyer pursuant to Sections 2.4(b)(i)2.2 and 2.

Appears in 1 contract

Samples: Acquisition Agreement (Carnegie International 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, or timely cured. (b) Buyer shall must have delivered each of the documents required to be delivered by Buyer pursuant to Section 2.4 and must have made the cash payment payments required to be made by Buyer pursuant to Sections 2.4(b)(iSection 2.4 (b) (i).

Appears in 1 contract

Samples: Stock Purchase Agreement (Phi Inc)

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