Buyer’s Performance. The covenants and obligations that 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, and Company shall have received a certificate from Buyer to such effect signed by duly authorized officer thereof.
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Samples: Contribution and Merger Agreement, Contribution and Merger Agreement (American Renal Associates LLC)
Buyer’s Performance. The covenants and obligations agreements that Buyer, Intermediate Holdings and Merger Sub are 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 Company Seller shall have received a certificate from of Buyer to such effect signed by a duly authorized officer thereof.
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Buyer’s Performance. The covenants Each covenant and obligations agreement that Buyer, Intermediate Holdings and Merger Sub are Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have been duly performed and complied with in all material respects (except 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 Company Sellers shall have received a certificate from of Buyer to such effect signed by a duly authorized officer thereof.
Appears in 2 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (Rex Energy Corp)
Buyer’s Performance. The covenants and obligations that Buyer, Intermediate Holdings and Merger Sub are 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 obligations which are qualified as to material, materiality, Material Adverse Effect or similar expressions, or are subject to the same or similar type exceptions, shall have been performed and complied with in all material respects), and Company Sellers shall have received a certificate from Buyer to such effect signed by duly authorized officer officers thereof.
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Buyer’s Performance. The covenants and obligations agreements that Buyer, Intermediate Holdings and Merger Sub are 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 similar expressions shall have been duly performed and complied with in all respects), and Company Seller shall have received a certificate from of Buyer to such effect signed by a duly authorized officer thereof.
Appears in 1 contract
Samples: Asset Purchase Agreement
Buyer’s Performance. The covenants and obligations agreements that Buyer, Intermediate Holdings and Merger Sub are 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 similar expressions shall have been duly performed and complied with in all respects), and Company Sellers shall have received a certificate from of Buyer to such effect signed by duly authorized officer thereofeffect.
Appears in 1 contract
Samples: Asset Purchase Agreement (Lightyear Network Solutions, Inc.)
Buyer’s Performance. The covenants and obligations that Buyer, Intermediate Holdings and Merger Sub are 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 obligations which are qualified as to material, materiality or similar expressions, or are subject to the same or similar type exceptions, shall have been performed and complied with in all respects), and the Company shall have received a certificate from the Buyer to such effect signed by a duly authorized officer thereof.
Appears in 1 contract
Samples: Asset Purchase Agreement (Trans World Entertainment Corp)
Buyer’s Performance. The covenants and obligations agreements that Buyer, Intermediate Holdings and Merger Sub are 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 similar expressions shall have been duly performed and complied with in all respects), and Company Sellers shall have received a certificate from of Buyer to such effect signed by a duly authorized officer thereof.
Appears in 1 contract
Samples: Asset Purchase Agreement (Quicksilver Resources Inc)
Buyer’s Performance. The (i) All of the covenants and obligations that Buyer, Intermediate Holdings the Buyer and the Merger Sub are required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall must have been duly performed and complied with in all material respects, and Company with. Each Majority Stockholder shall have received a certificate from signed by an officer of the Buyer (on behalf of the Buyer) and an officer of the Merger Sub (on behalf of the Merger Sub) to such effect signed by duly authorized officer thereofeffect.
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Buyer’s Performance. The covenants and obligations agreements that Buyer, Intermediate Holdings and Merger Sub are 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 similar expressions shall have been duly performed and complied with in all respects), and Company Sellers shall have received a certificate from of Buyer to such effect signed by a duly authorized officer thereof.
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Buyer’s Performance. The covenants and obligations agreements that Buyer, Intermediate Holdings and Merger Sub are 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, and Company Sellers shall have received a certificate from of Buyer to such effect signed by a duly authorized officer representative thereof.
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