Common use of Performance by Company Clause in Contracts

Performance by Company. The Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with all covenants and conditions, contained in the Merger Agreement and herein to be performed or complied with by it prior to the Closing, and the Vistagreen Group shall have received a certificate signed on behalf of the Company by the chief executive officer or the chief financial officer of the Company to such effect;

Performance by Company. The Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with all covenants and conditions, contained in the Merger this Agreement and herein to be performed or complied with by it prior to the Closing, Closing Date; and the Vistagreen Group Terremark shall have received a certificate signed on behalf of the Company by the chief executive officer or the chief financial officer of the Company to such effect;