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

CONDITIONS PRECEDENT TO THE SELLER'S PERFORMANCE. The obligations of the Seller under this Agreement are subject to the satisfaction, at or before the Closing, of all the following conditions. The Seller may waive any or all of these conditions in whole of in part without prior notice; PROVIDED, HOWEVER, that no such waiver of a condition shall constitute a waiver of any of the Seller's other rights or remedies, at law or in equity, if the Parent or the Purchaser is in default of any of the representations, warranties or covenants contained in this Agreement, except to the extent that such defaults are expressly waived.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Regeneration Technologies Inc), Asset Purchase Agreement (Regeneration Technologies Inc)

AutoNDA by SimpleDocs

CONDITIONS PRECEDENT TO THE SELLER'S PERFORMANCE. The Seller's obligations of the Seller under this Agreement are hereunder shall be subject to the satisfaction, at or before the Closing, of all the following conditionsconditions set forth in this Section 9. The Seller may waive any or all of these conditions in whole of or in part without prior notice; PROVIDEDprovided, HOWEVERhowever, that no such waiver of a condition shall constitute a waiver by the Seller of any other condition of or any of the Seller's other rights or remedies, at law or in equity, if the Parent or the Purchaser is Buyer shall be in default of any of the their representations, warranties or covenants contained in under this Agreement, except to the extent that such defaults are expressly waived.

Appears in 1 contract

Samples: Asset Acquisition Agreement (Orbit E Commerce Inc)

CONDITIONS PRECEDENT TO THE SELLER'S PERFORMANCE. The obligations of the Seller to be performed under this Agreement at or after the Closing are subject to the satisfaction, at or before the Closing, of all of the following conditionsconditions set forth in this Section 5. The Seller may waive any or all of these such conditions in whole of or in part without prior notice; PROVIDED, HOWEVER, that no . No such waiver of a condition shall shall, however, constitute a waiver by the Seller of any of the Seller's its other rights or remedies, at law or in equity, if the Parent Purchaser shall breach or the Purchaser is be in default of under any of the its representations, warranties or covenants contained in made under or pursuant to this Agreement, except to the extent that such defaults are expressly waived.

Appears in 1 contract

Samples: Asset Purchase Agreement (Kanakaris Wireless)

CONDITIONS PRECEDENT TO THE SELLER'S PERFORMANCE. The obligations of the Seller to perform its obligations under this Agreement are subject to the satisfaction, at on or before the ClosingClosing Date, of each and all of the following conditionsconditions set forth below in this Section 6.3. The Seller may waive any or all of these the following conditions in whole of or in part without prior notice; PROVIDED, HOWEVERprovided 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 the Seller's other its rights or remedies, remedies at law or in equity, if the Parent or the Purchaser is in default of any of the representations, warranties or covenants contained in this Agreement, except to the extent that such defaults are expressly waived.

Appears in 1 contract

Samples: Agreement (First Pactrust Bancorp Inc)

AutoNDA by SimpleDocs

CONDITIONS PRECEDENT TO THE SELLER'S PERFORMANCE. The obligations of the Seller to perform its obligations under this Agreement are subject to the satisfaction, at on or before the ClosingClosing Date, of each and all of the following conditionsconditions set forth below in this Section 6.3. The Seller may waive any or all of these the following conditions in whole of or in part without prior notice; PROVIDEDprovided, HOWEVERhowever, 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 the Seller's other its rights or remedies, remedies at law or in equity, if the Parent or the Purchaser is in default of any of the representations, warranties or covenants contained in this Agreement, except to the extent that such defaults are expressly waived.

Appears in 1 contract

Samples: Branch Banking Office (United Pan Am Financial Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!