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Common use of Performance by Buyer Clause in Contracts

Performance by Buyer. The due performance by the Buyer of each and every undertaking and agreement to be performed by it (including, but not limited to, the delivery of the items specified in paragraph 2 hereof) and the truth of each representation and warranty made in this Agreement by Buyer at the time as of which the same is made and as of the Closing Date as if made on and as of the Closing Date.

Appears in 1 contract

Samples: Partnership Interest Purchase Agreement (JMB Income Properties LTD Vii)

Performance by Buyer. The due performance by the Buyer of each and every undertaking and agreement to be performed by it hereunder in all material respects (including, but not limited to, including the delivery to Seller of the items specified to be delivered by Buyer in paragraph 2 Section 7 hereof) and the truth of each representation and warranty made by Buyer in this Agreement by Buyer in all material respects at the time as of which the same is made and as of the Closing Date as if made on and as of the Closing Date.

Appears in 1 contract

Samples: Real Property Purchase Agreement (Terremark Worldwide Inc)

Performance by Buyer. The due performance by the Buyer of each and every undertaking and agreement to be performed by it (includinghereunder in all material respects, but not limited to, the delivery of the items specified in paragraph 2 hereof) and the truth of each representation and warranty made by Seller in this Agreement by Buyer in all material respects at the time as of which the same is made and as of the Closing Date as if made on and as of the Closing Date.

Appears in 1 contract

Samples: Asset Purchase Agreement (Emeritus Corp\wa\)

Performance by Buyer. The due performance by the Buyer of each and every material undertaking and agreement to be performed by it (including, but not limited to, the delivery of the items specified in paragraph 2 hereof) hereunder and the truth of each representation and warranty made by Buyer in this Agreement by Buyer at the time as of which the same is made and as of the Initial Closing Date as if made on and as of the Initial Closing Date.

Appears in 1 contract

Samples: Asset Purchase Agreement (Limoneira CO)

Performance by Buyer. The due performance by the Buyer of each and every undertaking and agreement to be performed by it hereunder (including, but not limited to, including the delivery to Seller of the items specified to be delivered by Buyer in paragraph 2 6 hereof) and the material truth of each representation and warranty made by Buyer in this Agreement by Buyer at the time as of which the same is made and as of the Closing Date as if made on and as of the Closing Date and Buyer has delivered to Seller a certificate duly executed by Buyer reaffirming the same as of the Closing Date.

Appears in 1 contract

Samples: Purchase and Sale Agreement (American Industrial Properties Reit Inc)

Performance by Buyer. The due Due performance by the Buyer of each and every undertaking and agreement to be performed by it hereunder (including, but not limited to, including the delivery to Escrow Company of the items specified to be delivered by Buyer in paragraph 2 hereof) Section 6 of this Agreement), and the material truth of each representation and warranty made by Buyer in this Agreement by Buyer at the time as of which the same is made and as of the Closing Date as if made on and as of the Closing Date.; and

Appears in 1 contract

Samples: Real Property Purchase Agreement (IMH Financial Corp)

Performance by Buyer. The due performance by the Buyer of each and every material undertaking and agreement to be performed by it (including, but not limited to, the delivery of the items specified in paragraph 2 hereof) hereunder and the truth of each representation and warranty made by Buyer in this Agreement by Buyer at the time as of which the same is made and as of the Final Closing Date as if made on and as of the Final Closing Date.

Appears in 1 contract

Samples: Asset Purchase Agreement (Limoneira CO)