Performance by the Seller. The Seller shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Seller at or prior to the Closing.
Performance by the Seller. All of the covenants and agreements to be complied with and performed by the Seller on or before the Closing Date shall have been complied with or performed in all material respects.
Performance by the Seller. At the Closing, the Seller shall have delivered to the Buyer a certificate, signed by an authorized officer, as to its compliance with Subsections 11.01 through 11.08 hereof.
Performance by the Seller. Acceptance by Purchaser of the deed for the Premises shall be deemed to be a full performance and discharge of each and every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement, except those herein expressly stated to survive the Closing or in the Closing documents.
Performance by the Seller. All Consents
Performance by the Seller. The Seller shall have fully performed and complied with and satisfied the agreements, covenants, and conditions required by this Agreement to be performed or complied with or satisfied by the Seller (considered jointly and severally) on or before the Closing (unless an earlier and/or later date and/or time is specified in this Agreement, in which case on or before such earlier and/or later date and/or time) in all material respects, including, without limitation, the execution and delivery by the Seller of all items required of the Seller by Article VI.
Performance by the Seller. All of the terms, covenants and conditions of this Agreement to be compiled with and performed by the Seller of the VFN Corporation on or before the Closing Date shall have been complied with and performed.
Performance by the Seller. All of the covenants and agreements required by this Agreement to have been performed and complied with by the Seller, if qualified by materiality, shall 62 72 have been performed and complied with and, if not so qualified, shall have been performed and complied with by the Seller in all material respects prior to or on the Closing Date, in each case except where such nonperformance or noncompliance, individually or in the aggregate, would not have an adverse effect on the value of the Transferred Assets in excess of an amount equal to five percent (5%) of the Purchase Price. The Seller shall have delivered to the Buyer an appropriate certificate to that effect dated the Closing Date.
Performance by the Seller. The Seller shall have satisfied or performed all of its liabilities and obligations with respect to its subordinated indebtedness and pension plan liabilities or, if such liabilities and obligations have not been paid in full as of Closing, such liabilities and obligations shall be Excluded Liabilities.
Performance by the Seller. The Seller shall, and shall have caused each other Selling Party to, have performed and complied with all of its covenants, agreements and obligations hereunder through the Closing.
