Common use of Performance by Buyer Clause in Contracts

Performance by Buyer. The performance and observance, in all material respects, by Buyer of all covenants in this Agreement to be performed or observed by Buyer prior to or on the Closing Date shall be a condition precedent to Seller’s obligation to sell the Property pursuant to this Agreement. Additionally, as a condition to Seller’s obligation to close, all of Buyer’s representations and warranties stated herein shall be true and correct in all material respects as of the Closing Date.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement

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Performance by Buyer. The performance and observance, in all material respects, by Buyer of all covenants in and agreements of this Agreement to be performed or observed by Buyer prior to or on the Closing Date under this Agreement shall be a condition precedent to Seller’s obligation to sell the Property pursuant to this AgreementProperty. AdditionallyIn addition, as a condition precedent to Seller’s obligation to close, all of Buyer’s sell the Property shall be that the representations and warranties stated herein shall be of Buyer are true and correct in all material respects as of the Closing Date as if made on such Closing Date.

Appears in 2 contracts

Samples: Sale and Purchase Agreement (Lodging Fund REIT III, Inc.), Sale and Purchase Agreement (Chesapeake Lodging Trust)

Performance by Buyer. The As a condition precedent to Seller’s obligation to sell the Property, the performance and observance, in all material respects, by Buyer of all covenants in this Agreement to be performed or observed by Buyer prior to or on the Closing Date shall be a condition precedent to Seller’s obligation to sell the Property pursuant to this Agreement. Additionally, as a condition to Seller’s obligation to close, all of Buyer’s representations and warranties stated herein shall be true and correct in all material respects as of the Closing Date.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement

Performance by Buyer. The performance and observance, observance in all material respects, respects by Buyer of all covenants in and agreements of this Agreement to be performed or observed by Buyer it prior to or on the Closing Date and the truth and correctness of all representations and warranties of Buyer made herein all material respects shall each be a condition precedent to Seller’s 's obligation to sell the Property pursuant Property. Seller shall have the option to this Agreementwaive the condition precedent set forth herein by notice to Buyer. AdditionallyIn the event of such waiver, as a such condition to Seller’s obligation to close, all of Buyer’s representations and warranties stated herein shall be true deemed satisfied. 3990 Bxxxxxx -21- Purchase and correct in all material respects as of the Closing Date.Sale Agreement

Appears in 1 contract

Samples: Purchase and Sale Agreement and Joint Escrow Instructions (Rich Uncles NNN REIT, Inc.)

Performance by Buyer. The As a condition precedent to Seller's obligation to sell the Property, the performance and observance, in all material respects, by Buyer of all ofall covenants in this Agreement to be performed or observed by Buyer prior to or on the Closing Date shall be a condition precedent to Seller’s 's obligation to sell the Property pursuant to this Agreement. Additionally, as a condition to Seller’s 's obligation to close, all of Buyer’s ofBuyer's representations and warranties stated herein shall be true and correct in all material respects as of the ofthe Closing Date.

Appears in 1 contract

Samples: Memorandum of Agreement

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Performance by Buyer. The As a condition precedent to Seller's obligation to sell the Property, the performance and observance, in all material respects, by Buyer of all Xxxxx ofall covenants in this Agreement to be performed or observed by Buyer prior to or on the Closing Date shall be a condition precedent to Seller’s 's obligation to sell the Property pursuant to this Agreement. Additionally, as a condition to Seller’s 's obligation to close, all of Buyer’s ofBuyer's representations and warranties stated herein shall be true and correct in all material respects as of the ofthe Closing Date.

Appears in 1 contract

Samples: Memorandum of Agreement

Performance by Buyer. The As a condition precedent to Seller’s obligation to sell the Property, the performance and observance, in all material respects, by Buyer of all covenants in this Agreement to be performed or observed by Buyer on or after the Original Agreement Effective Date and prior to or on the Closing Date shall be a condition precedent to Seller’s obligation to sell the Property pursuant to this Agreement. Additionally, as a condition to Seller’s obligation to close, all of Buyer’s representations and warranties stated herein shall be true and correct in all material respects as of the Closing Date.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Performance by Buyer. The performance and observance, in all material respects, by Buyer of all material covenants in and agreements of this Agreement to be performed or observed by Buyer prior to or on the Closing Date under this Agreement, including, without limitation, the payment of the Purchase Price to Seller, shall be a condition precedent to Seller’s obligation to sell the Property pursuant to this AgreementProperty. AdditionallyIn addition, as a condition precedent to Seller’s obligation to close, all of Buyer’s sell the Property shall be that the representations and warranties stated herein shall be of Buyer are true and correct in all material respects as of the Closing Date as if made on such Closing Date.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Ashford Hospitality Prime, Inc.)

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