Deliveries by Buyer or a Buyer Designee. On the Closing Date, Buyer shall, or shall cause a Buyer Designee to, execute and deliver to Seller the following: a) The Purchase Price; b) The Collateral Agreements; c) A certificate of an appropriate officer of Buyer, dated the Closing Date, certifying to the fulfillment of the conditions set forth in Sections 8.3(a) and (b), and an incumbency certificate of the Secretary of Seller of Buyer, dated the Closing Date, in customary form; and d) All such other documents and instruments as Seller may reasonably request or as may be otherwise necessary or desirable to evidence and effect the assumption by Buyer or a Buyer Designee of the Assumed Liabilities.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Magnegas Corp), Asset Purchase Agreement (Magnegas Corp)
Deliveries by Buyer or a Buyer Designee. On the Closing Date, Buyer shall, or shall cause a Buyer Designee to, execute and deliver to Seller the following:
(a) The the Asset Purchase Price;
(b) The the Collateral Agreements;
(c) A a certificate of an appropriate officer of Buyer, dated the Closing Date, certifying to the fulfillment of the conditions set forth in Sections 8.3(a7.3(a) and (b), and an incumbency certificate of the Secretary of Seller an appropriate officer of Buyer, dated the Closing Date, in customary form; and;
(d) All all such other documents and instruments as Seller may reasonably request or as may be otherwise necessary or desirable to evidence and effect the assumption by Buyer or a Buyer Designee of the Assumed Liabilities; and
(e) a certified copy of all necessary corporate action approving the Buyer’s execution, performance and delivery of this Agreement and the Collateral Agreements.
Appears in 2 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (Akoustis Technologies, Inc.)
Deliveries by Buyer or a Buyer Designee. On the Closing Date, Buyer shall, or shall cause a Buyer Designee to, execute and deliver to Seller the following:
a) The the Purchase Price;
b) The the Collateral Agreements;
c) A a certificate of an appropriate officer of Buyer, dated the Closing Date, certifying to the fulfillment of the conditions set forth in Sections 8.3(a) and (b), and an incumbency certificate of the Secretary of Seller of Buyer, dated the Closing Date, in customary form; and
d) All all such other documents and instruments as Seller may reasonably request or as may be otherwise necessary or desirable to evidence and effect the assumption by Buyer or a Buyer Designee of the Assumed Liabilities.
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