Common use of Buyer’s Performance Clause in Contracts

Buyer’s Performance. The covenants and agreements that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have been performed and complied with in all material respects (except that those covenants and agreements that are qualified as to materiality or Material Adverse Effect similar expressions shall have been duly performed and complied with in all respects), and Seller shall have received a certificate of Buyer to such effect signed by a duly authorized officer thereof.

Buyer’s Performance. The covenants and agreements obligations that Buyer is Buyer, Intermediate Holdings and Merger Sub are required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have been performed and complied with in all material respects (except that those covenants and agreements that are qualified as to materiality or Material Adverse Effect similar expressions shall have been duly performed and complied with in all respects), and Seller Company shall have received a certificate of from Buyer to such effect signed by a duly authorized officer thereof.

Buyer’s Performance. The All of the covenants and agreements obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have been performed and complied with in all material respects (except that those covenants and agreements that are qualified as to materiality or Material Adverse Effect similar expressions respects, including Buyer shall have been duly performed caused the documents and complied with in instruments required by Section 4.2(b) to be delivered (or tendered subject only to Closing) to Seller and taken all respects)other necessary actions, and Seller shall have received a certificate signed by an officer of Buyer to such effect signed by a duly authorized officer thereofthe foregoing effect.

Buyer’s Performance. The covenants and agreements that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have been performed and complied with in all material respects (except that those covenants and agreements that are qualified as to materiality or Material Adverse Effect similar expressions shall have been duly performed and complied with in all respects), and Seller Sellers shall have received a certificate of Buyer to such effect signed by a duly authorized officer representative thereof.

Buyer’s Performance. The Buyer shall have performed and complied in all material respects with the covenants and agreements that Buyer is contained in this Agreement required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have been be performed and complied with in all material respects (by it prior to or at the Closing, except that those with respect to covenants and agreements that are qualified as to containing a materiality or Material Adverse Effect similar expressions shall have been duly qualification, which must be performed and complied with in all respects), and Seller shall have received a certificate of Buyer to such effect signed by a duly authorized officer thereof.

Buyer’s Performance. The All of the covenants and agreements obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have been performed and complied with in all material respects (except that those covenants and agreements that are qualified as to materiality or Material Adverse Effect similar expressions shall have been duly performed and complied with in all respects), and . Seller Entities shall have received a certificate of Buyer to such effect effect, signed on behalf of Buyer, by a duly an authorized officer thereofofficer.

Buyer’s Performance. The covenants and agreements that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (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 Material Adverse Effect similar expressions shall have been duly performed and complied with in all respects), ) and Seller shall have received a certificate of Buyer to such effect signed by a duly authorized officer thereofeffect.

Buyer’s Performance. The covenants and agreements obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have been performed and complied with in all material respects (except that those covenants and agreements that obligations which are qualified as to materiality or material, materiality, Material Adverse Effect or similar expressions expressions, or are subject to the same or similar type exceptions, shall have been duly performed and complied with in all material respects), and Seller Sellers shall have received a certificate of from Buyer to such effect signed by a duly authorized officer officers thereof.

Buyer’s Performance. The covenants and agreements obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall will have been performed and complied with in all material respects (except that those covenants and agreements that are qualified as to materiality or Material Adverse Effect similar expressions shall have been duly performed and complied with in all respects), and Seller shall Sellers will have received a certificate of Buyer to such effect signed by a duly authorized officer thereof.

Buyer’s Performance. The covenants and agreements that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have been performed and complied with in all material respects (except that those covenants and agreements that are qualified as to materiality or Material Adverse Effect similar expressions shall have been duly performed and complied with in all respects), and Seller Sellers shall have received a certificate of Buyer to such effect signed by a duly authorized officer thereofeffect.

Buyer’s Performance. The covenants and agreements that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have been performed and complied with in all material respects (except that those covenants and agreements that are qualified as to materiality or Material Adverse Effect similar expressions shall have been duly performed and complied with in all respects), and Seller Sellers shall have received a certificate of Buyer to such effect signed by a duly authorized officer thereof.

Buyer’s Performance. The covenants and agreements that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have been performed and complied with in all material respects (except that those covenants and agreements that are qualified as to materiality or Material Adverse Effect similar expressions shall have been duly performed and complied with in all respects), and Seller shall have received a certificate of Buyer to such effect signed by a duly authorized officer thereof.

Buyer’s Performance. The covenants and agreements that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have been performed and complied with in all material respects (except that those covenants and agreements that are qualified as to materiality or Material Adverse Effect similar expressions shall have been duly performed and complied with in all respects), and Seller shall have received a certificate of Buyer to such effect signed by a duly authorized officer thereof.

Buyer’s Performance. The covenants and agreements that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have been performed and complied with in all material respects (except that those covenants and agreements that are qualified as to materiality or Material Adverse Effect similar expressions shall have been duly performed and complied with in all respects), and Seller shall have received a certificate of from Buyer to such effect signed by a duly authorized officer thereofrepresentative of Buyer.

Buyer’s Performance. The All of the covenants and agreements obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to before the Closing shall have been performed and complied with in all material respects (except that those covenants and agreements that are qualified as to materiality or Material Adverse Effect similar expressions shall have been duly performed and complied with in all material respects), including the delivery of the material agreements, instruments and documents listed in Section 2.9, and Seller Buyer shall have received delivered to Seller a certificate from an officer of Buyer Buyer, dated as of the Closing Date, to such effect signed by in a duly authorized officer thereofform reasonably acceptable to Seller.

Buyer’s Performance. The covenants and agreements that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have been performed and complied with in all material respects (except that those covenants and agreements that are qualified as to materiality or Material Adverse Effect similar expressions shall have been duly performed and complied with in all respects), and Seller shall have received a certificate of Buyer to such effect signed by a duly authorized officer thereofof Buyer.

Buyer’s Performance. The covenants and agreements obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have been performed and complied with in all material respects (except that those covenants and agreements that obligations which are qualified as to material, materiality or Material Adverse Effect similar expressions expressions, or are subject to the same or similar type exceptions, shall have been duly performed and complied with in all respects), and Seller the Company shall have received a certificate of from the Buyer to such effect signed by a duly authorized officer thereof.

Buyer’s Performance. The covenants and agreements that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have been performed and complied with in all material respects (except that those covenants and agreements that are qualified as to materiality Table of Contents or Material Adverse Effect similar expressions shall have been duly performed and complied with in all respects), and Seller Sellers shall have received a certificate of Buyer to such effect signed by a duly authorized officer thereof.