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

CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. The obligations of the Seller to consummate the sale of the Assets to Purchaser contemplated by this Agreement under this Agreement are subject to the satisfaction of all the conditions set out in this Section 6.01. The Seller may waive any or all of these conditions in whole or in part 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 the Purchaser shall be in default of any of its representations, warranties or covenants under this Agreement:

Appears in 2 contracts

Samples: Asset Purchase and Indemnity Agreement (RG America, Inc.), Asset Purchase and Indemnity Agreement (Home Solutions of America Inc)

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CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. The obligations of the Seller to consummate the sale of the Assets to Purchaser contemplated by this Agreement under this Agreement to a Buyer are subject to the satisfaction satisfaction, at or before the Closing, of all the conditions set out forth below in this Section 6.016. The Seller may waive any or all of these conditions in whole or in part 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 the Purchaser such Buyer shall be in default of any of its representations, warranties or covenants under this Agreement:.

Appears in 2 contracts

Samples: Stock Purchase and Sale Agreement (Icu Medical Inc/De), Stock Purchase and Sale Agreement (Icu Medical Inc/De)

CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. The obligations of the Seller to consummate the sale of the Assets to Purchaser contemplated by this Agreement under this Agreement are subject to the satisfaction satisfaction, at or before the Closing, of all the conditions set out below in this Section 6.01Article. The Seller may waive any or all of these conditions in whole or in part 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 the Purchaser shall be Buyer is in default of any of its representations, warranties or covenants under this Agreement:.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Rimage Corp), Asset Purchase Agreement (Rimage Corp)

CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. The obligations of the Seller to consummate the sale of the Assets to Purchaser contemplated by this Agreement under this Agreement to Buyer are subject to the satisfaction satisfaction, at or before the Closing, of all the following conditions set out in this Section 6.01by Xxxxx. The Seller may waive any or all of these conditions in whole or in part 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 the Purchaser Buyer shall be in default of any of its representations, warranties or covenants under this Agreement:.

Appears in 1 contract

Samples: Stock Purchase and Sale Agreement (Unrivaled Brands, Inc.)

CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. The obligations of the Seller to consummate the sale of the Assets to Purchaser contemplated by this Agreement transactions described herein and perform its covenants under this Agreement are subject to the satisfaction satisfaction, at or before the Closing, of all the following conditions set out forth below in this Section 6.01Section. The Seller may waive any or all of these conditions in whole or in part 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 the Purchaser shall be in default of any of its representations, warranties or covenants under this Agreement:.

Appears in 1 contract

Samples: Agreement (Mortgage Com Inc)

CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. The Seller's obligations of the Seller to consummate the sale of the Assets to Purchaser contemplated by this Agreement under this Agreement are hereunder shall be subject to the satisfaction satisfaction, at or before the Closing, of all the conditions set out forth in this Section 6.015. The Seller may waive any or all of these conditions in whole or in part without prior notice, ; provided, however, that no such waiver of a condition shall constitute a waiver by the Seller of any other condition of its or any of Seller's other rights or remedies, at law or in equity, if the Purchaser Buyer shall be in default of any of its their representations, warranties or covenants under this Agreement:.

Appears in 1 contract

Samples: Asset Purchase Agreement (Digicorp)

CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. The obligations of the Seller to consummate the sale of the Assets to Purchaser contemplated by this Agreement under this Agreement are subject to the satisfaction satisfaction, at or before the Closing, of all the conditions set out below in this Section 6.01Article VIII. The Seller may waive any or all of these conditions in whole or in part 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 the Purchaser Buyer shall be in default of any of its representations, warranties or covenants under this Agreement:.

Appears in 1 contract

Samples: Lease Agreement (Summit Care Corp)

CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. The obligations of the Seller to consummate the sale of the Assets to Purchaser contemplated by this Agreement perform its obligations under this Agreement are subject to the satisfaction satisfaction, on or before the Closing Date, of each and all of the conditions set out forth below in this Section 6.016.3. The Seller may waive any or all of these conditions in whole or in part without prior notice, ; provided, however, that if the Buyer shall be in default of any of its representations, warranties or covenants under this Agreement, no such waiver of a condition shall constitute a waiver by the Seller of any of its other rights or remedies, remedies at law or in equity, if the Purchaser shall be in default of any of its representations, warranties or covenants under this Agreement:.

Appears in 1 contract

Samples: Agreement (Vib Corp)

CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. 5.1 Conditions ------------------------------------------------------------- The obligations of the Seller to consummate sell and transfer the sale of the Assets to Purchaser contemplated by this Agreement assets under this Agreement are subject to the satisfaction satisfaction, at or before the Closing Date, of all the following conditions set out in of this Section 6.01Article 5. The Seller may waive any or all of these conditions in whole or in part 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 the Purchaser shall be in default of in any of its representations, warranties warranties, or covenants under this Agreement:.

Appears in 1 contract

Samples: Agreement of Purchase (Apollo Group Inc)

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CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. The obligations obligation of the Seller to consummate sell the sale of the Assets to Purchaser contemplated by this Agreement Shares under this Agreement are is subject to the satisfaction satisfaction, at or before the Closing, of all of the conditions set out forth in this Section 6.019. The Seller may waive any or and all of these conditions in whole or in part without prior notice, conditions; 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 the Purchaser Buyer or Owners shall be in default of any of its representations, warranties or covenants under this Agreement:.

Appears in 1 contract

Samples: Stock Purchase and Sale Agreement (Infonow Corp /De)

CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. The obligations of the Seller to consummate sell the sale of the Assets to Purchaser contemplated by this Agreement Shares under this Agreement are is subject to the satisfaction satisfaction, at or before the Closing, of all of the conditions set out forth in this Section 6.01Article. The Seller may waive in writing any or all of these conditions in whole or in part 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 the Purchaser shall Buyer should be in default of any of its representations, warranties warranties, or covenants under this Agreement:.

Appears in 1 contract

Samples: Stock Purchase Agreement (Tempus Applied Solutions Holdings, Inc.)

CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. The obligations of the Seller to consummate the sale of the Assets to Purchaser contemplated by this Agreement under this Agreement to Buyer are subject to the satisfaction satisfaction, at or before the Closing, of all the following conditions set out in this Section 6.01by Xxxxx. The Seller may waive any or all of these conditions in whole or in part without prior notice, ; provided, however, that no such waiver of a condition shall constitute a waiver by the Seller of any of its his other rights or remedies, at law or in equity, if the Purchaser Buyer shall be in default of any of its representations, warranties or covenants under this Agreement:.

Appears in 1 contract

Samples: Membership Interest Purchase and Sale Agreement (Unrivaled Brands, Inc.)

CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. The obligations of the Seller to consummate the sale of the Assets to Purchaser contemplated by this Agreement under this Agreement are subject to the satisfaction satisfaction, at or before the Closing, of all the conditions set out below in this Section 6.01Article 11. The Seller may waive any or all of these conditions in whole or in part without prior notice, accordance with Section 1.2 hereof; provided, however, that no such waiver of a condition shall constitute a waiver by the Seller it of any of its other rights or remedies, at law or in equity, if the Purchaser shall be in default of any of its representations, warranties warranties, covenants or covenants agreements under this Agreement:.

Appears in 1 contract

Samples: Asset and Real Property Purchase and Sale Agreement (California Water Service Group)

CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. The obligations of the Seller to consummate the sale of the Assets to Purchaser contemplated by this Agreement under this Agreement are subject to the satisfaction satisfaction, at or before the Closing, of all the conditions set out below in this Section 6.01Article 11. The Seller may waive any or all of these conditions in whole or in part without prior notice, only through a dually executed writing; provided, however, that no such waiver of a condition shall constitute a waiver by the Seller it of any of its other rights or remedies, at law or in equity, if the Purchaser shall be in default of any of its representations, warranties warranties, covenants or covenants agreements under this Agreement:.

Appears in 1 contract

Samples: Asset and Real Property Purchase and Sale Agreement

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