Performance of Agreement. Seller and its Affiliates shall have performed in all material respects all of their covenants, agreements and obligations required by this Agreement to be performed or complied with by them prior to or upon the Closing.
Appears in 9 contracts
Samples: Purchase and Sale Agreement (Sentio Healthcare Properties Inc), Purchase and Sale Agreement (Sentio Healthcare Properties Inc), Purchase and Sale Agreement (Sentio Healthcare Properties Inc)
Performance of Agreement. Seller and its Affiliates shall have performed in all material respects all of their its covenants, agreements and obligations required by this Agreement to be performed or complied with by them it prior to or upon the ClosingClosing Date.
Appears in 8 contracts
Samples: Asset Purchase Agreement (Medimmune Inc /De), Asset Purchase Agreement (Emmis Broadcasting Corporation), Purchase and Sale Agreement (Sunrise Assisted Living Inc)
Performance of Agreement. Seller and its Affiliates shall have performed in all material respects all of their covenants, obligations and agreements and obligations required by complied in all material respects with all covenants and conditions contained in this Agreement and the Ancillary Agreements to which Seller is a party to be performed or complied with by them it at or prior to or upon the ClosingClosing Date.
Appears in 7 contracts
Samples: Asset Purchase Agreement (Balanced Care Corp), Asset Purchase Agreement (Balanced Care Corp), Asset Purchase Agreement (Balanced Care Corp)
Performance of Agreement. Seller and its Affiliates shall have fully performed in and complied with all material respects all of their covenants, agreements conditions, and other obligations required by under this Agreement to be performed or complied with by them at or prior to or upon the Closing.
Appears in 6 contracts
Samples: License Agreement (Elemental Protective Coating Corp.), Stock Purchase Agreement (Applied Digital Solutions Inc), Securities Purchase Agreement (Network Computing Devices Inc)
Performance of Agreement. Seller and its Affiliates Sellers shall have fully performed in and complied with all material respects all of their covenants, agreements conditions, and other obligations required by under this Agreement to be performed or complied with by them at or prior to or upon the Closing.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Applied Digital Solutions Inc), Stock Purchase Agreement (Syscomm International Corp), Stock Purchase Agreement (Atec Group Inc)
Performance of Agreement. Seller and its Affiliates shall have performed in all material respects all of their covenantsobligations and agreements, agreements and obligations required by complied in all material respects with all covenants and conditions, contained in this Agreement to be performed or complied with by them it prior to or upon on the ClosingClosing Date.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Blue Earth Solutions, Inc.), Stock Purchase Agreement (Datameg Corp), Stock Purchase Agreement (Pemco Aviation Group Inc)
Performance of Agreement. Seller Sellers and its Affiliates the Company shall have fully performed in and complied with all material respects all of their covenants, agreements conditions, and other obligations required by under this Agreement to be performed or complied with by them at or prior to or upon the Closing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Esco Electronics Corp), Stock Purchase Agreement (Banner Aerospace Inc)
Performance of Agreement. Seller and its Affiliates Sellers shall have duly performed or caused to be performed in all material respects all of their covenants, agreements and obligations covenants required by this Agreement to be performed by Sellers at or complied with by them prior to or upon the ClosingClosing pursuant to this Agreement.
Appears in 2 contracts
Samples: Sale and Purchase Agreement (Cooper Industries Inc), Sale and Purchase Agreement (Sigma Aldrich Corp)
Performance of Agreement. Seller and its Affiliates the Shareholders shall have performed in all material respects all of their covenants, obligations and agreements and obligations required by complied in all material respects with all covenants and conditions contained in this Agreement to be performed or complied with by them at or prior to or upon the Closing.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Stonepath Group Inc), Asset Purchase Agreement (Stonepath Group Inc)
Performance of Agreement. Seller and its Affiliates subsidiaries shall have performed in all material respects performed all of their covenantsobligations and agreements, agreements and obligations required by complied with all covenants contained in this Agreement to be performed or complied with by them Seller and/or its subsidiaries prior to or upon at the Closing.
Appears in 2 contracts
Samples: Stock and Asset Purchase Agreement (Bard C R Inc /Nj/), Stock and Asset Purchase Agreement (Arterial Vascular Engineering Inc)
Performance of Agreement. Seller and its Affiliates shall have performed performed, in all material respects respects, all of their its covenants, agreements and obligations required by this Agreement and those required by the OpCo Agreement to be performed or complied with by them it prior to or upon at the PropCo Closing.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Las Vegas Sands Corp), Purchase and Sale Agreement (Vici Properties Inc.)
Performance of Agreement. Seller and its Affiliates The Sellers shall have performed and observed in all material respects all of their covenants, agreements obligations and obligations required by this Agreement conditions to be performed or complied with observed by them Sellers under this Agreement at or prior to or upon the Closing.
Appears in 2 contracts
Samples: Exchange Agreement (SoOum Corp.), Exchange Agreement (SoOum Corp.)
Performance of Agreement. Seller Each of the Sellers and its Affiliates the Company shall have performed in all material respects all of their covenantsobligations and agreements, agreements and obligations required by complied in all material respects with all covenants and conditions, contained in this Agreement to be performed or complied with by each of them prior to or upon on the ClosingClosing Date.
Appears in 2 contracts
Samples: Equity Purchase Agreement (Graham Packaging Holdings Co), Equity Purchase Agreement (Hicks Acquisition CO I Inc.)
Performance of Agreement. Seller and its Affiliates shall have performed in all material respects all of their covenants, obligations and agreements and obligations required by complied in all respects with all covenants and conditions contained in this Agreement to be performed or complied with by them it at or prior to or upon the ClosingClosing Date.
Appears in 2 contracts
Samples: Asset Purchase Agreement (TriState Capital Holdings, Inc.), Asset Purchase Agreement (Portec Rail Products Inc)
Performance of Agreement. Seller and its Affiliates shall have performed in all material respects all of their its covenants, agreements and obligations required by this Agreement and each of the other Documents to be performed or complied with by them it prior to or upon the ClosingClosing Date.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Emmis Communications Corp), Asset Purchase Agreement (Emmis Broadcasting Corporation)
Performance of Agreement. Seller and its Affiliates shall have performed performed, in all material respects respects, all of their its covenants, agreements and obligations required by each of this Agreement and the Real Estate Purchase Agreement, in each case, to be performed or complied with by them it prior to or upon at the Closing.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Las Vegas Sands Corp), Purchase and Sale Agreement (Vici Properties Inc.)
Performance of Agreement. Seller and its Affiliates shall have performed and complied in all material respects with all of their covenants, agreements and its obligations required by under this Agreement which are to be have been performed or complied with by them on or prior to or upon the ClosingClosing Date.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Tandem Health Care, Inc.), Asset Purchase Agreement (Tandem Health Care, Inc.)
Performance of Agreement. Seller and its Affiliates shall have performed in all material respects all of their covenants, obligations and agreements and obligations required by complied in all material respects with all covenants and conditions contained in this Agreement to be performed or complied with by them it at or prior to or upon the ClosingClosing Date.
Appears in 1 contract
Performance of Agreement. Seller and its Affiliates shall have performed in all material respects and complied with all of their covenantsits material and substantive obligations, agreements and obligations required by covenants under this Agreement which are to be have been performed or complied with by them on or prior to or upon the ClosingClosing Date.
Appears in 1 contract
Samples: Asset Purchase Agreement
Performance of Agreement. Seller and its Affiliates shall have performed in and complied with all material respects all of their covenants, obligations and agreements and obligations required by this Agreement to be performed or complied with by them prior on or before the Closing Date pursuant to or upon the Closingthis Agreement.
Appears in 1 contract
Samples: Asset Purchase Agreement (Vasco Data Security International Inc)
Performance of Agreement. Seller and Seller, its Affiliates and Existing Manager shall have performed in all material respects all of their covenants, agreements and obligations required by this Agreement to be performed or complied with by them prior to or upon the Closing.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Cornerstone Healthcare Plus Reit, Inc.)
Performance of Agreement. Seller and its Affiliates shall have performed in all material respects all of their covenants, its agreements and obligations required by contained in this Agreement required to be performed on or complied with by them prior to or upon the Closing.
Appears in 1 contract
Performance of Agreement. The Seller and its Affiliates shall have performed in all material respects all of their covenants, obligations and agreements and obligations required by complied in all material respects with all covenants and conditions contained in this Agreement to be performed or complied with by them it at or prior to or upon the ClosingClosing Date.
Appears in 1 contract
Samples: Asset Purchase Agreement (Jpe Inc)
Performance of Agreement. Seller and its Affiliates shall have performed in all material respects all of their covenants, obligations and agreements and obligations required by complied in all material respects with all covenants and conditions contained in this Agreement and the Ancillary Agreements to be performed or complied with by them it at or prior to or upon the ClosingClosing Date.
Appears in 1 contract
Performance of Agreement. Seller and its Affiliates Shareholders shall have performed in all material respects all of their covenants, obligations and agreements and obligations required by complied in all material respects with all covenants and conditions contained in this Agreement to be performed or complied with by it or them at or prior to or upon the ClosingClosing Date.
Appears in 1 contract
Samples: Asset Purchase Agreement (Advanced Communications Technologies Inc)
Performance of Agreement. Seller and its Affiliates shall have performed in all material respects all of their its covenants, agreements and obligations required by this Agreement and each of the other Transaction Documents to be performed performed, or complied with with, by them prior to or upon it on the ClosingClosing Date.
Appears in 1 contract
Samples: Asset Purchase Agreement (Salem Media Group, Inc. /De/)
Performance of Agreement. Seller and its Affiliates the Partners shall have performed in all material respects all of their covenants, obligations and agreements and obligations required by complied in all material respects with all covenants and conditions contained in this Agreement to be performed or complied with by them at or prior to or upon the Closing.
Appears in 1 contract
Performance of Agreement. Seller and its Affiliates The Sellers shall have performed in all material respects all of their covenants, obligations and agreements and obligations required by complied with all covenants and conditions contained in this Agreement or any Operative Document to be performed or and complied with by them at or prior to or upon the ClosingClosing Date.
Appears in 1 contract
Samples: Agreement and Plan of Reverse Acquisition (Activeworlds Corp)
Performance of Agreement. Seller and its Affiliates shall have performed in all material respects all of their covenants, obligations and agreements and obligations required by complied in all material respects with all covenants and conditions contained in this Agreement and the Ancillary Agreements to be performed or complied with by them it at or prior to the Closing Date or upon the Closingby such other date specifically set forth herein.
Appears in 1 contract
Performance of Agreement. Seller and its Affiliates shall have performed complied in all material respects with all of their covenants, agreements covenants and obligations required by conditions contained in this Agreement to be performed or complied with by them it at or prior to or upon the ClosingClosing Date.
Appears in 1 contract
Performance of Agreement. Seller and its Affiliates shall have performed in all material respects all of their its covenants, agreements and obligations required by this Agreement to be performed or complied with by them it prior to or upon the Closing.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Sentio Healthcare Properties Inc)
Performance of Agreement. Seller and its Affiliates shall have performed in all material respects all of their covenants, obligations and agreements and obligations required by complied with all covenants and conditions contained in this Agreement to be performed or complied with by them it at or prior to or upon the ClosingClosing Date.
Appears in 1 contract
Samples: Asset Purchase Agreement (Berliner Communications Inc)
Performance of Agreement. Seller and its Affiliates Each of the Sellers shall have fully performed in and complied with all material respects all of their covenants, agreements conditions, and other obligations required by under this Agreement to be performed or complied with by them at or prior to or upon the Closing.
Appears in 1 contract
Samples: Purchase and Sale of Share Capital (Applied Cellular Technology Inc)
Performance of Agreement. Seller and its Affiliates Sellers shall have performed in all material respects all of their covenants, obligations and agreements and obligations required by complied in all material respects with all covenants contained in this Agreement to the extent required to be performed or complied with by them it at or prior to or upon the ClosingClosing Date.
Appears in 1 contract
Samples: Asset Purchase Agreement (Matthews International Corp)
Performance of Agreement. Seller and its Affiliates shall have performed in all material respects all of their covenants, covenants and agreements and obligations contained herein that are required by this Agreement to be performed by it at or complied with by them prior to or upon before the Closing.
Appears in 1 contract
Samples: Spectrum Acquisition Agreement (NextWave Wireless Inc.)
Performance of Agreement. Seller and its Affiliates Sellers shall have performed in all material respects all of their covenants, respective agreements and obligations required by contained in this Agreement required to be performed on or complied with by them prior to or upon the Closing.
Appears in 1 contract
Samples: Asset Purchase Agreement
Performance of Agreement. Seller and its Affiliates shall have performed in all material respects all of their covenants, obligations and agreements and obligations required by complied in all material respects with all covenants and conditions contained in this Agreement and the Ancillary Agreements to be performed or complied with by them prior to or upon the Closing.which Seller is a party
Appears in 1 contract
Performance of Agreement. Seller and its Affiliates shall have performed in performed, observed and complied with all material respects all of their covenants, agreements the obligations and obligations conditions required by this Agreement to be performed performed, observed or complied with by them prior Seller on the Closing Date, including, but not limited to, the execution and delivery of all documents or instruments required to or upon the be delivered at Closing.
Appears in 1 contract
Performance of Agreement. Each of Seller and its Affiliates O-I shall have performed in all material respects all of their covenantsobligations and agreements, agreements and obligations required by complied in all material respects with all covenants and conditions, contained in this Agreement and the Additional Agreements to be performed or complied with by them it prior to or upon at the ClosingClosing Date.
Appears in 1 contract
Samples: Stock Purchase Agreement (Graham Packaging Holdings Co)
Performance of Agreement. Seller and its Affiliates shall the Company will have performed and complied with the covenants and obligations they are required to perform or to comply with pursuant to this Agreement at or prior to the Closing in all material respects all respects, including the delivery or tender (subject only to Closing) of their covenants, agreements and obligations each item required by this Agreement to be performed or complied with by them prior to or upon the Closingunder Section 4.
Appears in 1 contract
Performance of Agreement. Seller and its Affiliates the Shareholders shall have performed in and complied with all material respects all of their covenants, obligations and agreements and obligations required by this Agreement to be performed or complied with by them prior on or before the Closing Date pursuant to or upon the Closingthis Agreement.
Appears in 1 contract
Samples: Asset Purchase Agreement (Vasco Data Security International Inc)
Performance of Agreement. Seller and its Affiliates the Company shall have fully performed in all material respects all of their and complied with the covenants, agreements conditions and other obligations required by under this Agreement which are to be performed or complied with by them Seller or the Company at or prior to or upon the Closing, including, without limitation, all deliveries to be made pursuant to Section 5.2 of this Agreement and all covenants to be performed prior to the Closing pursuant to Article VI of this Agreement.
Appears in 1 contract
Samples: Stock Purchase and Sale Agreement (Resourcing Solutions Group Inc)
Performance of Agreement. Seller Acquiree, Sellers and its Affiliates the Principal shall have performed in and complied with all material respects all of their other covenants, agreements and obligations conditions required by this Agreement to be performed or complied with by them prior to or upon at the Closing.
Appears in 1 contract
Samples: Reorganization Agreement (Applied Cellular Technology Inc)
Performance of Agreement. Seller Each of the Sellers, Holdings and its Affiliates Xxxxxx shall have performed in all material respects all of their covenantsobligations and agreements, agreements and obligations required by complied in all material respects with all covenants and conditions, contained in this Agreement to be performed or complied with by each of them prior to or upon at the ClosingClosing Date.
Appears in 1 contract
Performance of Agreement. Each Seller and its Affiliates shall have performed performed, in all material respects respects, all of their covenantsobligations and agreements, agreements and obligations required by complied, in all material respects, with all covenants and conditions, contained in this Agreement to be performed or complied with by it or them prior to or upon at the ClosingClosing Date.
Appears in 1 contract
Samples: Stock Purchase Agreement (Natural Nutrition Group Inc)
Performance of Agreement. Seller and its Affiliates the Members shall have performed in all material respects all of their covenants, obligations and agreements and obligations required by complied in all material respects with all covenants and conditions contained in this Agreement to be performed or complied with by them at or prior to or upon the Closing.
Appears in 1 contract
Performance of Agreement. Seller and its Affiliates shall have performed in all material respects all of their covenants, obligations and agreements and obligations required by complied in all material respects with all covenants and conditions contained in this Agreement and the Ancillary Agreements to which such Seller is a party to be performed or complied with by them it at or prior to or upon the ClosingClosing Date.
Appears in 1 contract
