Common use of Performance by Seller Clause in Contracts

Performance by Seller. The due performance by Seller of each and every undertaking and agreement to be performed by it hereunder (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 Seller 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.

Performance by Seller. The due performance by Seller of each and every undertaking and agreement to be performed by it hereunder (including, 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 Seller 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.

Performance by Seller. The due performance by Seller of each and every undertaking and agreement to be performed by it hereunder (including, but not limited to, the delivery of the items specified in paragraph 2 hereof) all material respects and the truth of each representation and warranty made by Seller in this Agreement by Seller 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.

Performance by Seller. The due performance by Seller of each and every undertaking and agreement to be performed by it hereunder (including, 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 Seller 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.

Performance by Seller. The due performance by Seller of each and every undertaking and agreement to be performed by it hereunder (includingin 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 Seller 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.

Performance by Seller. The due performance by Seller of each and every undertaking and agreement to be performed by it hereunder (including, but not limited to, including the delivery to Buyer of the items specified to be delivered by Seller in paragraph 2 hereof6) and the material truth of each representation and warranty made by Seller in this Agreement by Seller 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 Seller has delivered to Buyer a certificate duly executed by Seller reaffirming the same as of the Closing Date.

Performance by Seller. The due performance by Seller of each and every undertaking and agreement to be performed by it hereunder in all material respects (including, but not limited towithout limitation, the delivery to Purchaser of the items specified to be delivered by Seller in paragraph 2 Section 5.02 hereof) ), and the truth of each representation and warranty made by Seller in this Agreement by Seller 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. Without limitation on the foregoing, there shall be no material defaults or exceptions noted in the Closing Certificate.