Common use of Buyer’s Performance Clause in Contracts

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

Appears in 7 contracts

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

AutoNDA by SimpleDocs

Buyer’s Performance. All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have, have been performed and complied with in all material respects. Seller shall have received a certificate to such effect, (i) performed all covenants signed on behalf of Buyer, by its president and obligations and (ii) complied with all conditions, required by this Agreement to be performed or complied with by Buyer on or before the Closing Date or each such covenant, obligation and condition shall be waived by Seller in writing and in its sole and absolute discretion prior to Closingchief financial officer.

Appears in 6 contracts

Samples: Stock and Asset Purchase Agreement, Stock and Asset Purchase Agreement (McClatchy Co), Stock and Asset Purchase Agreement (Medianews Group Inc)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer shall have, 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 deliver, (i) performed all covenants and obligations and (ii) complied with all conditionsor be prepared to deliver, each document required by this Agreement to be performed or complied with delivered by Buyer on or before the Closing Date or each such covenant, obligation and condition shall be waived by Seller in writing and in its sole and absolute discretion prior it pursuant to ClosingSection 2.04.

Appears in 6 contracts

Samples: Purchase and Sale Agreement (Energy Xxi (Bermuda) LTD), Purchase and Sale Agreement (Energy XXI Texas, LP), Purchase and Sale Agreement (Energy Xxi (Bermuda) LTD)

Buyer’s Performance. Each covenant and agreement that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have, have been duly performed and complied with in all material respects, respects (i) performed all except those covenants and obligations agreements that are qualified as to materiality or similar expressions shall have been duly performed and (ii) complied with in all conditionsrespects), required and Sellers shall have received a certificate of Buyer to such effect signed by this Agreement to be performed or complied with by Buyer on or before the Closing Date or each such covenant, obligation and condition shall be waived by Seller in writing and in its sole and absolute discretion prior to Closinga duly authorized officer thereof.

Appears in 2 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (Rex Energy Corp)

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

Appears in 2 contracts

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

AutoNDA by SimpleDocs

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

Appears in 1 contract

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

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

Appears in 1 contract

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

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

Appears in 1 contract

Samples: Asset Purchase Agreement (Regal Entertainment Group)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!