Conditions to Obligation of the Buyer to Effect the Closing. The obligation of the Buyer to effect the Closing shall be further subject to the satisfaction, on or prior to the Closing Date, of the following conditions, except as may be waived by the Buyer in writing pursuant to Section 10.3: (a) Performance of Obligations of the Seller. The Seller and/or the Company will have performed in all material respects its agreements and covenants contained in or contemplated by this Agreement which are required to be performed by it at or prior to the Closing.
Appears in 3 contracts
Samples: Purchase Agreement (Dqe Inc), Purchase Agreement (Duquesne Light Holdings Inc), Purchase Agreement (Philadelphia Suburban Corp)
Conditions to Obligation of the Buyer to Effect the Closing. The obligation of the Buyer to effect the Closing shall be further subject to the satisfaction, on or prior to the Closing Date, of the following conditions, except as may be waived by the Buyer in writing pursuant to Section 10.39.3:
(a) Performance of Obligations of the Seller. The Seller (and/or DQE or the Company Company) will have performed in all material respects its agreements and covenants contained in or contemplated by this Agreement which are required to be performed by it at or prior to the Closing.
Appears in 2 contracts
Samples: LLC Purchase Agreement (Dqe Inc), LLC Purchase Agreement (Southwest Water Co)
Conditions to Obligation of the Buyer to Effect the Closing. The obligation of the Buyer to effect the Closing shall be further subject to the satisfaction, on or prior to the Closing Date, of the following conditions, except as may be waived by the Buyer in writing pursuant to Section 10.3:
(a) Performance of Obligations of the Seller. The Seller (and/or the Company and the Company Subsidiaries) will have performed in all material respects its agreements and covenants contained in or contemplated by this Agreement which are required to be performed by it at or prior to the Closing.
Appears in 2 contracts
Samples: Purchase Agreement, LLC Purchase Agreement (Dqe Inc)
Conditions to Obligation of the Buyer to Effect the Closing. The obligation of the Buyer to effect the Closing shall be further subject to the satisfaction, on or prior to the Closing Date, of the following conditions, except as may be waived by the Buyer in writing pursuant to Section 10.3:
(a) Performance of Obligations of the Seller. The Seller and/or the Company will have performed in all material respects its agreements and covenants contained in or contemplated by this Agreement which are required to be performed by it at or prior to the ClosingClosing Date.
Appears in 1 contract
Samples: Purchase Agreement (Biw LTD)