Common use of CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE Clause in Contracts

CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. The obligations of Seller to sell and transfer the Assets under this Agreement are subject to the satisfaction, at or before the Closing, of all of the following conditions. Seller may waive any or all of these conditions in whole or in part, however, no such waiver of a condition shall constitute a waiver by Seller of any of its rights or remedies, at law or in equity, if Buyer should be in default of any of its representations, warranties or covenants under this Agreement.

Appears in 5 contracts

Samples: Agreement for Purchase and Sale of Assets (Modern Medical Modalities Corp), Agreement for Purchase and Sale of Assets (Modern Medical Modalities Corp), Agreement for Purchase and Sale of Assets (Modern Medical Modalities Corp)

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CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. The obligations obligation of Seller to sell and transfer consummate the Assets under transactions contemplated by this Agreement are is subject to the satisfaction, at or before the Closing, Closing of all of the following conditions. conditions set out below in this Article V. Seller may waive in writing any or all of these conditions conditions, in whole or in part, without prior notice; provided, however, that no such waiver of a condition shall constitute a waiver by Seller of any of its other rights or remedies, at law or in equity, if Buyer should shall be in default of any of its representations, warranties the representations or covenants under this Agreement.

Appears in 2 contracts

Samples: Agreement for Purchase and Sale (Jaymark Inc), Agreement for Purchase and Sale (Jaymark Inc)

CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. The obligations of Seller to sell and transfer the Assets Stock under this Agreement are subject to the satisfaction, at or before the Closing, of all of the following conditions. Seller may waive any or all of these conditions in whole or in part, however, no such waiver of a condition shall constitute a waiver by Seller of any of its rights or remedies, at law or in equity, if Buyer should be in default of any of its representations, warranties or covenants under this Agreement.

Appears in 2 contracts

Samples: Agreement for Purchase and Sale of Stock (Modern Medical Modalities Corp), Agreement for Purchase and Sale of Stock (Modern Medical Modalities Corp)

CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. The obligations of Seller to sell and transfer the Assets under this Agreement are subject to the satisfaction, at or before the Closing, of all of the following conditions. Seller may waive any or all of these conditions in whole or in partpart without prior of any of its representations, warranties, or covenants under this Agreement notice; provided, however, that no such waiver of a condition shall constitute a waiver by Seller of any of its other rights or remedies, at law or in equity, if Buyer should be in default of any of its representations, warranties or covenants under this Agreementdefault.

Appears in 1 contract

Samples: Agreement for Purchase and Sale (Colmena Corp)

CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. The obligations obligation of Seller to sell and transfer the Acquired Assets under at the applicable Closing pursuant to this Agreement are is subject to the satisfaction, at or before the such Closing, of all of the following conditions. Seller may waive any or all of these conditions in whole or in part, however, no such waiver of a condition shall constitute a waiver by Seller of any of its rights or remedies, at law or in equity, if Buyer should be in default of any of its representations, warranties or covenants under this Agreementpart without prior notice.

Appears in 1 contract

Samples: Asset Purchase Agreement (Mdu Communications International Inc)

CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. The obligations of Seller to sell and transfer the Assets under this Agreement are subject to the satisfaction, at or before the Closingclosing, of all of the following conditions. Seller may waive any or all of these conditions in whole or in partpart without prior notice, provided, however, that no such waiver of a condition shall constitute constitutes a waiver by Seller of any of its other rights or remedies, at law or in equity, if Buyer should be in default of any of its representations, warranties warranties, or covenants under this Agreement.

Appears in 1 contract

Samples: Agreement for Purchase and Sale of Assets (Holiday Rv Superstores Inc)

CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. The obligations of Seller to sell and transfer the Assets under this Agreement agreement are subject to the satisfaction, at or before the Closingclosing, of all of the following conditions. Seller may waive any or all of these conditions in whole or in partpart without prior notice, provided, however, that no such waiver of a condition shall constitute constitutes a waiver by Seller of any of its Seller's other rights or remedies, at law or in equity, if Buyer should be in default of any of its representations, warranties warranties, or covenants under this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Internetstudios Com Inc)

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CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. The obligations of Seller to sell and transfer the Assets under this Agreement are subject to the satisfaction, at or before the Closing, of all of the following conditions. Seller may waive any or all of these conditions in whole or in partpart without prior notice, provided, however, that no such waiver of a condition shall constitute constitutes a waiver by Seller of any of its other rights or remedies, at law or in equity, if Buyer or Member should be in default of any of its representations, warranties warranties, or covenants under this Agreement.

Appears in 1 contract

Samples: Agreement for Purchase and Sale (Holiday Rv Superstores Inc)

CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. The obligations of Seller to sell and transfer the Assets under this Agreement are subject to the satisfaction, at or before the Closing, of all of the following conditionsconditions set out below in this Article 10. Except for Sections 10.4 and 10.7, Seller may waive any or all of these conditions in whole or in partaccordance with Section 14.2 hereof; provided, however, that no such waiver of a condition shall constitute a waiver by Seller of any of its other rights or remedies, at law or in equity, if Buyer should shall be in default of any of its representations, warranties or covenants under this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Proxymed Inc /Ft Lauderdale/)

CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. The obligations of the Seller to sell and transfer the Assets under this Agreement are subject to the satisfaction, at or before the Closing, of all of the following conditions. The Seller may waive any or all of these conditions in whole or in partpart without prior notice; provided, however, that no such waiver of a condition shall constitute a waiver by the Seller of any of its other rights or remedies, at law or in equity, if Buyer should be in default of any of its representations, warranties warranties, or covenants under this Agreement.

Appears in 1 contract

Samples: Agreement for Purchase and Sale of Assets (Us Electricar Inc)

CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. The obligations of Seller to sell and transfer the Assets under this Agreement are subject to the satisfaction, at or before the Closing, of all of the following conditions. Seller may waive any or all of these conditions in whole or in partpart without prior notice; provided, however, that no such waiver of a condition shall constitute a waiver by Seller of any of its other rights or remedies, at law or in equity, if Buyer should be in default of any of its representations, warranties or covenants under this Agreement.

Appears in 1 contract

Samples: Agreement of Purchase (Paradigm Technology Inc /De/)

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