CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. The obligation of Seller to consummate the transactions contemplated by this Agreement is subject to the satisfaction, at or before the Closing of all the conditions set out below in this Article V. 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 Seller of any of its other rights or remedies, at law or in equity, if Buyer shall be in default of any of the representations or covenants under this Agreement.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Jaymark Inc), Purchase and Sale Agreement (Jaymark Inc)
CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. The obligation obligations of Seller to consummate the transactions contemplated by under this Agreement is to a Buyer are subject to the satisfaction, at or before the Closing Closing, of all the conditions set out forth below in this Article V. Section 6. Seller may waive in writing any or all of these conditions, conditions in whole or in part, 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 such Buyer shall be in default of any of the representations 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 obligation obligations of Seller to consummate the transactions contemplated by under this Agreement is are subject to the satisfaction, at or before the Closing Closing, of all the conditions set out below in this Article V. VIII. Seller may waive in writing any or all of these conditions, conditions in whole or in part, 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 shall be in default of any of the representations its representations, warranties or covenants under this Agreement.
Appears in 1 contract
Samples: Agreement of Purchase and Sale of Assets (Summit Care Corp)
CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. The obligation obligations of Seller to consummate the transactions contemplated by under this Agreement is to Buyer are subject to the satisfaction, at or before the Closing Closing, of all the following conditions set out below in this Article V. by Xxxxx. Seller may waive in writing any or all of these conditions, conditions in whole or in part, part without prior notice; provided, however, that no such waiver of a condition shall constitute a waiver by Seller of any of its his other rights or remedies, at law or in equity, if Buyer shall be in default of any of the representations 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 obligation of Seller to consummate sell the transactions contemplated by Shares under this Agreement is subject to the satisfaction, at or before the Closing Closing, of all of the conditions set out below forth in this Article V. Section 9. Seller may waive in writing any or and 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 Seller of any of its other rights or remedies, at law or in equity, if Buyer or Owners shall be in default of any of the representations 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 obligation obligations of Seller to consummate the transactions contemplated by under this Agreement is are subject to the satisfaction, at or before the Closing Closing, of all the conditions set out below in this Article V. 11. Seller may waive in writing any or all of these conditions, in whole or in part, without prior noticeconditions only through a dually executed writing; provided, however, that no such waiver of a condition shall constitute a waiver by Seller it of any of its other rights or remedies, at law or in equity, if Buyer Purchaser shall be in default of any of the representations its representations, warranties, covenants or covenants agreements under this Agreement.
Appears in 1 contract
Samples: Asset and Real Property Purchase and Sale Agreement
CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. The obligation obligations of Seller to consummate the transactions contemplated by under this Agreement is to Buyer are subject to the satisfaction, at or before the Closing Closing, of all the following conditions set out below in this Article V. by Xxxxx. Seller may waive in writing any or all of these conditions, conditions in whole or in part, 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 shall be in default of any of the representations 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 obligation obligations of Seller to consummate the transactions contemplated by under this Agreement is are subject to the satisfaction, at or before the Closing Closing, of all the conditions set out below in this Article V. 11. Seller may waive in writing any or all of these conditions, conditions in whole or in part, without prior noticeaccordance with Section 1.2 hereof; provided, however, that no such waiver of a condition shall constitute a waiver by Seller it of any of its other rights or remedies, at law or in equity, if Buyer Purchaser shall be in default of any of the representations its representations, 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 obligation obligations of Seller to consummate the transactions contemplated by described herein and perform its covenants under this Agreement is are subject to the satisfaction, at or before the Closing Closing, of all the following conditions set out forth below in this Article V. Section. Seller may waive in writing any or all of these conditions, conditions in whole or in part, 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 shall be in default of any of the representations or covenants under this Agreement.
Appears in 1 contract
CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. The obligation obligations of Seller to consummate sell the transactions contemplated by Shares under this Agreement is subject to the satisfaction, at or before the Closing Closing, of all of the conditions set out below forth in this Article V. Article. Seller may waive in writing any or all of these conditions, conditions in whole or in part, 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 shall should be in default of any of the representations its representations, warranties, or covenants under this Agreement.
Appears in 1 contract
Samples: Stock Purchase Agreement (Tempus Applied Solutions Holdings, Inc.)