Performance by Acquiror. Acquiror shall have performed or complied in all material respects with all of the covenants and obligations to be performed or complied with by it under the terms of this Agreement on or prior to the Closing Date.
Performance by Acquiror. Acquiror and Merger Sub shall have performed or complied in all material respects with all of the covenants and obligations to be performed or complied with by them under the terms of this Agreement on or prior to the Closing Date. The Company shall have received a certificate signed by the chief executive officer and chief financial officer of Acquiror, dated the Closing Date, to the foregoing effect.
Performance by Acquiror. Acquiror shall have performed and complied with all of the covenants and agreements in all material respects and satisfied in all material respects all of the conditions required by this Agreement to be performed or complied with or satisfied by Acquiror at or prior to the Effective Time.
Performance by Acquiror. Acquiror and Merger Sub shall have performed or complied in all material respects with all of the covenants and obligations to be performed or complied with by them under the terms of this Agreement on or prior to the Closing Date.
Performance by Acquiror. Without limiting the foregoing, if at any time Titan becomes obligated to pay any amounts under, or any fees, costs or expenses relating to, or otherwise to perform any obligations under the GECC Guaranty, then, promptly upon written notice thereof from Titan, Acquiror shall make any payments required to be made and perform any other obligation otherwise required to be performed by Titan.
Performance by Acquiror. The Acquiror shall have performed and complied with all of their covenants hereunder through the Closing, including without limitation payment of the total Acquisition Consideration at Closing, except for such covenants, agreements and obligations which by their nature are required to be performed or complied with after the Closing Date.
Performance by Acquiror. All of the covenants, agreements and obligations that Acquiror is required to perform or to comply with pursuant to this Agreement at or prior to the Closing must have been duly performed and complied with in all material respects.
Performance by Acquiror. DXP hereby unconditionally and irrevocably guarantees and agrees to be jointly and severally liable with Acquiror for: (i) the due and punctual performance of the obligations of Acquiror under this Agreement; and (ii) the accuracy of the representations and warranties of Acquiror provided herein.
