Conditions Precedent to Performance by Seller. The obligation of Seller to consummate the transactions contemplated by this Agreement is subject to the fulfillment, at or before the Closing, of the following conditions, any one or more of which may be waived by Seller, in its sole discretion:
Appears in 4 contracts
Samples: Asset Purchase Agreement (Tops PT, LLC), Asset Purchase Agreement (Penn Traffic Co), Asset Purchase Agreement (Penn Traffic Co)
Conditions Precedent to Performance by Seller. The obligation of Seller to consummate the transactions contemplated by this Agreement is subject to the fulfillment, at or before the ClosingClosing Date, of the following conditions, any one or more of which (other than the conditions contained in Section 9.1(c)(i) and Section 9.1(c)(ii)) may be waived by Seller, Seller in its sole discretion:
Appears in 3 contracts
Samples: Asset Purchase Agreement (Clarus Corp), Asset Purchase Agreement, Asset Purchase Agreement
Conditions Precedent to Performance by Seller. The obligation obligations of Seller to consummate the transactions contemplated by this Agreement is are subject to the fulfillment, at or before the Closing, of the following conditions, any one or more of which (other than the conditions contained in Section 9.1(c), Section 9.1(d) and Section 9.1(e) except as expressly provided therein) may be waived by Seller, in its sole and absolute discretion:
Appears in 3 contracts
Samples: Asset Purchase Agreement (Sito Mobile, Ltd.), Asset Purchase Agreement (Seneca Foods Corp), Asset Purchase Agreement (Hipcricket, Inc.)
Conditions Precedent to Performance by Seller. The obligation obligations of Seller to consummate the transactions contemplated by this Agreement is are subject to the fulfillmentsatisfaction, at on or before the ClosingClosing Date, of the following conditions, any one or more of which may be waived by Seller, Seller in its sole discretion:
Appears in 3 contracts
Samples: Asset Purchase Agreement (Magellan Midstream Partners Lp), Asset Purchase Agreement (Toledo Edison Co), Asset Purchase Agreement
Conditions Precedent to Performance by Seller. The obligation of Seller to consummate the transactions contemplated by this Agreement is subject to the fulfillment, at or before the ClosingClosing Date, of the following conditions, ; any one or more of which (other than the condition contained in Section 7.1(c)) may be waived by Seller, Seller in its sole discretion:
Appears in 2 contracts
Samples: Asset Purchase Agreement (Mullen Automotive Inc.), Asset Purchase Agreement (Wave Systems Corp)
Conditions Precedent to Performance by Seller. The obligation obligations of the Seller to consummate the transactions contemplated by under this Agreement is are subject to the fulfillmentsatisfaction, at or before the Closing, of each of the following conditions, any one or more of which may be waived in writing by Seller, the Seller in its sole discretionwhole or in part:
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Conditions Precedent to Performance by Seller. The obligation of Seller to consummate the transactions contemplated by this Agreement is subject to the fulfillment, at or before the date of the Second Closing, of the following conditions, any one or more of which may be waived by Seller, Seller in its sole discretion:
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Conditions Precedent to Performance by Seller. The obligation of the Seller to consummate the transactions sale contemplated by this Agreement is shall be subject to the fulfillment, at or fulfillment of the following conditions before the Closing, of the following conditions, any one or more of which . The Seller may be waived by Seller, waive these conditions in its sole discretion:writing.
Appears in 1 contract
Samples: Purchase Agreement (Agemark Corp)
Conditions Precedent to Performance by Seller. The obligation of Seller to consummate the transactions contemplated by this Agreement is subject to the fulfillment, at or before the ClosingClosing Date, of the following conditions, any one or more of which (other than the conditions contained in Section 9.1(c)) may be waived by Seller, Seller in its sole discretion:
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Conditions Precedent to Performance by Seller. The obligation of Seller to consummate the transactions contemplated by this Agreement is subject to the fulfillment, at or before the Closing, of the following conditions, any one or more of which (other than the condition contained in Section 5.1(c)) may be waived by Seller, Seller in its sole discretion:
Appears in 1 contract
Conditions Precedent to Performance by Seller. The obligation of Seller to consummate the transactions sale contemplated by this Agreement is shall be subject to the fulfillment, at or before the Closing, fulfillment of the following conditions, any one or more of which conditions before the closing. Seller may be waived by Seller, waive these conditions in its sole discretion:writing.
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Conditions Precedent to Performance by Seller. The obligation of Seller to consummate effect the transactions contemplated by this Agreement Closing is subject to the fulfillment, at or before the Closing, of the following conditions, any one or more of which may be waived in writing by Seller, Seller in its sole discretion:
Appears in 1 contract
Conditions Precedent to Performance by Seller. The obligation obligations of Seller to consummate the transactions contemplated by this Agreement is are subject to the fulfillmentsatisfaction, at on or before the ClosingClosing Date, of the following conditions, any one or more of which may be waived in writing by Seller, Seller in its sole discretion:
Appears in 1 contract
Samples: Asset Purchase Agreement
Conditions Precedent to Performance by Seller. The obligation of Seller to consummate the transactions contemplated by this Agreement is subject to the fulfillment, at or before the ClosingClosing Date, of the following conditions, any one or more of which (other than the condition contained in Section 9.1(c)) may be waived by Seller, Seller in writing in its sole discretion:
Appears in 1 contract
Samples: Asset Purchase Agreement (Uniroyal Technology Corp)
Conditions Precedent to Performance by Seller. The obligation of Seller to consummate the transactions contemplated by this Agreement is subject to the fulfillment, at or before the Closing, of the following conditions, any one or more of which may be waived by Seller, Seller in its sole discretion:
Appears in 1 contract
Conditions Precedent to Performance by Seller. The obligation obligations of Seller to consummate the transactions contemplated by this Agreement is subject to the fulfillment, at or before the Closing, of the following conditions, any one or more of which may be waived by Seller, Seller in its sole discretion:
Appears in 1 contract
Conditions Precedent to Performance by Seller. The obligation obligations of Seller to consummate the transactions contemplated by this Agreement is are subject to the fulfillment, at or before the ClosingClosing Date, of the following conditions, any one or more of which may be waived by Seller, Seller in its sole discretion:
Appears in 1 contract
Samples: Asset Purchase Agreement (Powersecure International, Inc.)
Conditions Precedent to Performance by Seller. The Seller’s obligation of Seller to consummate the transactions contemplated herein is expressly subject to Buyer having duly performed and complied with all covenants, agreements and conditions required by this Agreement is subject to the fulfillment, be performed or complied with by it before or at or before the Closing, of the following conditions, any one or more of which may be waived by Seller, in its sole discretion:.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Hersha Hospitality Trust)
Conditions Precedent to Performance by Seller. The obligation of the Seller to consummate the transactions sale contemplated by this Agreement is subject to the fulfillment, at or before the prior to Closing, of the following conditions, any one or more of which Seller may be waived by Seller, waive in its sole discretionwriting:
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