Common use of Performance of Agreements Clause in Contracts

Performance of Agreements. Buyer shall have performed in all material respects all of its covenants, agreements and obligations required by this Agreement and each of the other Documents to be performed or complied with by it prior to or upon the Closing Date.

Performance of Agreements. Buyer shall have performed all obligations and agreements, and complied with all covenants and conditions contained in all material respects all of its covenants, agreements and obligations required by this Agreement and each of the other Documents to be performed or complied with by it prior to or upon at the Closing Date.

Performance of Agreements. Buyer shall have performed in all material respects all of its covenants, agreements agreements, and obligations required by this Agreement and each of the other Documents to be performed or complied with by it prior to or upon the Closing DateClosing.

Performance of Agreements. Buyer shall have has performed in all ------------------------- material respects all obligations and agreements, and complied in all material respects with all of its covenants, agreements covenants and obligations required by conditions in this Agreement and each of the other Documents any Transaction Document to be performed or complied with by it prior to Buyer at or upon before the Closing DateClosing.

Performance of Agreements. Buyer shall have performed in all material respects all of its covenants, obligations and agreements and obligations required by complied with all covenants and conditions contained in this Agreement and each of the or any other Documents Transaction Document to be performed or and complied with by it at or prior to or upon the Closing DateClosing.

Performance of Agreements. Buyer Each Purchaser shall have duly executed and delivered this Agreement to the Company and shall have performed and complied in all material respects with all of its covenants, obligations and agreements and obligations required by this Agreement and each of the other Documents to be performed or complied with by it prior to any of them on or upon before the Closing DateDate pursuant to this Agreement.

Performance of Agreements. Buyer Purchaser shall have performed and complied in all material respects with all of its covenants, covenants and agreements and obligations required by contained in this Agreement and each of the other Documents which are required to be performed or complied with by it on or prior to or upon the Closing Date.

Performance of Agreements. Buyer shall have performed in all material respects all of its covenants, obligations and agreements and obligations complied, or caused to be complied with, all covenants and conditions required by this Agreement and each of the other Documents to be performed or complied with by it Buyer at or prior to or upon the Closing Date.

Performance of Agreements. Buyer shall have performed in all material respects all of its covenantsobligations and agreements, agreements and obligations required by complied in all material respects with all covenants and conditions, contained in this Agreement and each of the other Documents to be performed or complied with by it prior to or upon on the Closing Date.

Performance of Agreements. Buyer shall have has performed in all material ------------------------- respects all of its covenantsobligations and agreements, agreements and obligations required by complied in all material respects with all covenants and conditions in this Agreement and each of the other Documents any Transaction Document to be performed or complied with by it prior to Buyer at or upon before the Closing DateClosing.

Performance of Agreements. Buyer shall have duly performed in and complied with all material respects all of its covenants, agreements covenants and obligations required by contained in this Agreement and each of the or any other Documents Transaction Document that are required to be performed or complied with by it prior to on or upon before the Closing Date.

Performance of Agreements. Buyer shall have performed in all material respects all of its covenantshas performed and complied with each obligation, agreements agreement, covenant and obligations condition required by this Agreement and each of the other Documents to be performed or complied with by it Buyer at or prior to or upon the Closing DateClosing.

Performance of Agreements. The Buyer shall have performed and satisfied, in all material respects respects, all of its covenants, covenants and agreements and obligations required by this Agreement and each of the other Documents to be performed or complied with satisfied by it the Buyer at or prior to or upon the Closing DateClosing.

Performance of Agreements. Buyer The Purchaser shall have performed and complied in all material respects with all of its covenants, obligations and agreements and obligations required by this Agreement and each of the other Documents to be performed or complied with by it prior to on or upon before the Closing DateDate pursuant to this Agreement.

Performance of Agreements. Buyer Purchaser shall have performed and complied in all material respects with all of its covenants, obligations and agreements and obligations required by this Agreement and each of the other Documents to be performed or complied with by it prior to on or upon before the Closing DateDate pursuant to this Agreement.

Performance of Agreements. Buyer shall have performed and complied in all material respects with all of its covenants, agreements and obligations covenants required by this Agreement and each of the other Documents to be performed or complied with by it prior to or upon at the Closing Date.

Performance of Agreements. Buyer shall have performed in all material respects all of its covenantsshall have performed and complied with each obligation, agreements agreement, covenant and obligations condition required by this Agreement and each of the other Documents to be performed or complied with by it Buyer at or prior to or upon the Closing DateClosing.

Performance of Agreements. Buyer shall will have performed in all material respects all of its covenantsobligations and agreements, agreements and obligations required by complied in all material respects with all covenants and conditions in this Agreement and each of the other Documents any Transaction Document to be performed or complied with by it prior to Buyer at or upon before the Closing DateClosing.

Performance of Agreements. Buyer shall have has performed in all material respects all of its covenants, obligations and agreements and obligations required by has complied in all material respects with all covenants in this Agreement and each of the other Documents to be performed or and complied with by it prior to at or upon the Closing Datebefore Closing.

Performance of Agreements. The Buyer shall have performed in and complied with all material respects all of its covenants, agreements and obligations conditions required by this Agreement and each of the other Documents to be performed or complied with by it prior to or upon at the Closing DateClosing.

Performance of Agreements. Buyer shall have performed in all material respects all of its covenants, agreements and obligations required by this Agreement and each of the other Documents covenants, obligations and agreements contained in this Agreement required to be performed or complied with by it prior to or upon at the Closing Date.

Performance of Agreements. Buyer shall have executed and delivered the documents referenced in Section 4.3 and shall have performed in all material respects all of its covenants, obligations and agreements and obligations required by contained in this Agreement and each of the other Documents required to be performed or complied with by it prior to or upon at the Closing Date.

Performance of Agreements. Buyer shall have performed in all material respects all of its covenants, obligations and agreements and obligations required by complied in all material respects with all covenants in this Agreement and each of the other Documents in any Transaction Document to be performed or and complied with by it prior to at or upon before the Closing DateClosing.

Performance of Agreements. The Buyer shall have performed and complied in all material respects with all of its covenants, the covenants and agreements and obligations required by contained in this Agreement and each of the other Documents to be performed or complied with by it prior to the Buyer at or upon before the Closing DateClosing.

Performance of Agreements. Buyer shall have performed in and complied with all material respects all of its covenants, obligations and agreements and obligations required by this Agreement and each of the other Documents to be performed or complied with by it prior to on or upon before the Closing Datepursuant to this Agreement or any schedule or exhibit hereto, including, but not limited to, each of Buyer's obligations under Section 4.4.

Performance of Agreements. The Buyer shall have performed and complied in all material respects with all of its covenants, the agreements and obligations conditions required by this Agreement and each of the other Documents to be performed or complied with by it prior to or upon the Closing DateClosing.

Performance of Agreements. Buyer shall have performed have, in all material respects respects, performed all of its covenants, obligations and agreements and obligations required by complied with all covenants in this Agreement and each of the other Documents to be performed or and complied with by it prior to at or upon the Closing Datebefore Closing.

Performance of Agreements. Buyer shall have performed and satisfied in all material respects all of its covenants, covenants and agreements and obligations required by this Agreement and each of the other Documents to be performed or complied with satisfied by it Buyer at or prior to or upon the Closing DateClosing.

Performance of Agreements. Buyer shall have performed in all ------------------------- material respects all of its covenants, obligations and agreements and obligations required by complied in all material respects with all covenants in this Agreement and each of the other Documents to be performed or and complied with by it prior to at or upon before Closing, and no event that would constitute a material breach of the Closing Dateterms of this Agreement on the part of Buyer shall have occurred or be continuing.

Performance of Agreements. Buyer shall will have performed in all material respects all of its covenants, obligations and agreements and obligations required by complied with all covenants and conditions contained in this Agreement and each of the or any other Documents Transaction Document to be performed or and complied with by it at or prior to or upon the Closing DateClosing.

Performance of Agreements. Buyer shall have performed in all material respects all of its covenantsobligations and agreements, agreements and obligations required by complied in all material respects with all covenants contained in this Agreement and each of the other Documents to be performed or complied with by it prior to or upon at the Closing Date.

Performance of Agreements. Buyer shall have performed in and complied with all material respects all of its covenants, obligations and agreements and obligations required by this Agreement and each of the other Documents to be performed or complied with by it prior to on or upon before the Closing DateDate pursuant to this Agreement.

Performance of Agreements. Buyer shall have performed performed, in all material respects respects, obligations and agreements, and complied with all of its covenantscovenants and conditions, agreements and obligations required by contained in this Agreement or in any document, agreement or instrument delivered by it pursuant hereto and each of the other Documents required to be performed or complied with by it at or prior to or upon the Closing Date.

Performance of Agreements. Buyer shall have performed and satisfied in all material respects all of its covenants, covenants and agreements and obligations required by this Agreement and each of the other Documents or any Closing Agreement to be performed or complied with satisfied by it Buyer at or prior to or upon the Closing Dateand shall have delivered all payments, Buyer Common Shares, Subordinated Debentures, documents and instruments of transfer required by Article II.

Performance of Agreements. Buyer shall have performed in all material respects all of its covenants, obligations and agreements and obligations required by complied with all covenants in this Agreement and each of the other Documents or in any Transaction Document to be performed or and complied with by it prior to at or upon the Closing Datebefore Closing.

Performance of Agreements. Buyer shall have performed and satisfied, in all material respects respects, all of its covenants, covenants and agreements and obligations required by this Agreement and each of the other Documents to be performed or complied with satisfied by it Buyer at or prior to or upon the Closing DateClosing.

Performance of Agreements. The Buyer shall have performed in all material respects all of its covenants, ------------------------- obligations and agreements and obligations required by complied with all covenants and conditions contained in this Agreement and each of the other Documents to be performed or complied with by it at or prior to or upon the Closing Date.

Performance of Agreements. Buyer shall have performed in all ------------------------- material respects all of its covenants, obligations and agreements and obligations required by complied in all material respects with all covenants in this Agreement and each of the other Documents to be performed or and complied with by it prior to at or upon before Closing, and no event that would constitute 47 a material breach of the Closing Dateterms of this Agreement on the part of Buyer shall have occurred or be continuing.

Performance of Agreements. Buyer shall have performed and complied in all material respects with all of its covenants, material covenants and material agreements and obligations required by contained in this Agreement and each of the other Documents required to be performed or complied with by it prior to or upon at the Closing Early Funding Date.

Performance of Agreements. Buyer shall have performed and complied in all material respects with all of its covenants, obligations and agreements and obligations required by this Agreement and each of the other Documents to be performed or complied with by it prior to on or upon before the Closing DateDate pursuant to this Agreement, and Buyer shall have executed and delivered all other documents and agreements referred to herein.

Performance of Agreements. Buyer shall have performed all material obligations and complied, in all material respects respects, with all of its covenants, agreements and obligations required by covenants contained in this Agreement and each of the other Documents to be performed or and complied with by it on or prior to or upon the Closing Date.

Performance of Agreements. Buyer shall have performed in all --------------------------- material respects all of its covenants, obligations and agreements and obligations complied or caused to be completed with all covenants and conditions required by this Agreement and each of the other Documents to be performed or complied with by it Buyer at or prior to or upon the Closing Date.

Performance of Agreements. Buyer shall have performed all material obligations and complied, in all material respects respects, with all of its covenants, agreements and obligations required by covenants contained in this Agreement and each of the other Documents to be performed or and complied with by it at or prior to or upon the Closing Date.

Performance of Agreements. Buyer shall have duly performed and complied in all material respects with all of its covenantsagreements, agreements covenants and obligations conditions required by this Agreement and each of the other Documents to be performed or complied with by it prior to or upon on the Closing Date.

Performance of Agreements. The Buyer shall have performed in all material respects the covenants and complied with all of its covenants, agreements and obligations the provisions required by this Agreement and each of the other Documents to be performed or complied with by it prior to Buyer on or upon before the Closing Date.

Performance of Agreements. Buyer shall have performed in all material respects all of its covenants, obligations and agreements and obligations required by contained in this Agreement and each of the other Documents required to be have been performed or complied with by it prior to or upon as of the Closing Date.

Performance of Agreements. Buyer shall have performed and satisfied in all material respects all of its covenants, covenants and agreements and obligations required by this Agreement and each of the other Documents or any Closing Agreement to be performed or complied with satisfied by it Buyer at or prior to or upon the Closing DateClosing.

Performance of Agreements. The Buyer shall have performed in all material respects shall have performed and complied with all of its covenants, the agreements and obligations conditions required by this Agreement Agreement, and each of the other Documents documents to be delivered hereunder to be performed or complied with by it prior to or upon the Closing Dateat Closing.

Performance of Agreements. Buyer shall have performed in all material respects all of its covenantsobligations, agreements agreements, conditions and obligations required by this Agreement and each of the other Documents commitments to be performed or complied with fulfilled by it pursuant to the terms hereof on or prior to or upon the Closing Date.

Performance of Agreements. Buyer shall have performed in and complied with all material respects all of its covenants, covenants and agreements and obligations required by this Agreement and each of the other Documents to be performed or complied with by it Buyer on or prior to or upon the Closing Effective Date.

Performance of Agreements. Buyer shall have performed and complied in all material respects all of its covenantswith each agreement, agreements covenant and obligations obligation required by this Agreement and each of the other Documents to be performed or complied with by it at or prior to or upon the Closing DateClosing.

Performance of Agreements. Buyer shall have performed in all material respects all of its covenants, obligations and agreements and obligations required by this Agreement and each of the other Documents complied with all covenants to be performed or and complied with by it prior to hereunder on or upon before the Closing Date.

Performance of Agreements. Buyer shall have performed in and complied with all material respects all of its covenants, obligations and agreements and obligations required by this Agreement and each of the other Documents to be performed or complied with by it prior to on or upon before the Closing DateDate pursuant to this Agreement or any schedule or exhibit hereto, including, but not limited to, each of Buyer’s obligations under Section 4.4.

Performance of Agreements. Buyer shall have performed in all material respects all of its covenants, obligations and agreements and obligations required by complied with all covenants contained in this Agreement and each of the other Documents to be performed and with which it must comply on or complied with by it prior to or upon before the Closing Date.

Performance of Agreements. Buyer shall have performed in all material respects all of its covenantsobligations and agreements, agreements and obligations required by complied in all material respects with all covenants and conditions, contained in this Agreement and each of the other Documents to be performed or complied with by it prior to or upon at the Closing Date.

Performance of Agreements. Buyer shall have performed in all ------------------------- material respects all of its covenants, obligations and agreements and obligations complied or caused to be complied with all covenants and conditions required by this Agreement and each of the other Documents to be performed or complied with by it Buyer at or prior to or upon the Closing Date.

Performance of Agreements. Buyer shall have performed all obligations and agreements in all material respects respects, and complied with all of its covenantscovenants and conditions in all material respects, agreements and obligations required by contained in this Agreement and each of the other Documents to be performed or complied with by it prior to or upon at the Closing DateClosing, including, without limitation, the delivery of the items set forth in Section 8 hereof.

Performance of Agreements. Buyer shall have performed in and satisfied all material respects all of its covenants, covenants and agreements and obligations required by this Agreement and each of the other Documents to be performed or complied with satisfied by it Buyer at or prior to or upon the Closing DateClosing.

Performance of Agreements. Buyer shall have performed in all material respects performed all of its covenants, agreements the covenants and obligations complied with all of the provisions required by this Agreement and each of the other Documents to be performed or complied with by it prior to on or upon before the Closing Date.

Performance of Agreements. Buyer shall have performed in all material respects all of its covenantsobligations and agreements, agreements and obligations required by complied in all material respects with all covenants and conditions contained in this Agreement and each of the other Documents to be performed or complied with by it prior to or upon at the Closing Date.;

Performance of Agreements. Buyer and its subsidiaries shall have performed in all material respects performed all of its covenantsobligations and agreements, agreements and obligations required by complied with all covenants contained in this Agreement and each of the other Documents to be performed or complied with by it Buyer and/or its subsidiaries prior to or upon at the Closing DateClosing, including, without limitation, Buyer's obligations under Section 2.3.

Performance of Agreements. The Buyer shall in all respects material to the transactions contemplated by this Agreement have performed in all material respects or complied with all of its covenants, agreements and obligations required by pursuant to this Agreement and each of the other Documents to be performed or complied with by it the Buyer at or prior to or upon the Closing Date.

Performance of Agreements. The Buyer shall have has performed in all material respects all of its covenants, agreements and the obligations required by this Agreement and each of the other Documents to be performed or complied with by it prior to under this Agreement at or upon before the Closing DateTime of Closing.

Performance of Agreements. Buyer shall have performed in and complied with all material respects all of its covenants, obligations and agreements and obligations required by this Agreement and each of the other Documents to be performed or complied with by it prior to on or upon before the Closing DateDate pursuant to this Agreement or any schedule or exhibit hereto, including, but not limited to, each of Buyer's obligations under Section 4.4.

Performance of Agreements. Buyer shall have performed in all material respects all of its covenants, obligations and agreements and obligations required by complied with all covenants in this Agreement and each of the other Documents or in any Transaction Document to which it is a party to be performed or and complied with by it prior to at or upon the Closing Datebefore Closing.

Performance of Agreements. Buyer shall have performed in all material respects performed all of its covenants, obligations and agreements and obligations complied with all covenants and conditions contained in this Agreement to be performed and complied with by Buyer on or prior to the Effective Date and shall have delivered all consideration, documents, instruments, and other materials required by this Agreement and each of the other Documents to be performed or complied with by it prior to or upon the Closing DateAgreement.

Performance of Agreements. Buyer shall have performed in all material respects all of its covenantsobligations and agreements, agreements and obligations required by complied in all material respects with all covenants and conditions contained in this Agreement and each of the other Documents Agreement, to be performed or complied with by it prior to or upon at the Closing Date.

Performance of Agreements. The Buyer shall have performed and complied in all material respects with all of its covenants, undertakings and agreements and obligations required by this Agreement and each of the other Documents to be performed or complied with by it the Buyer prior to or upon at the Closing DateClosing.

Performance of Agreements. Buyer shall have performed all obligations and agreements, and shall have complied in all material respects with all of its covenants, agreements and obligations required by covenants contained in this Agreement and each of the other Documents to be performed or and complied with by it at or prior to or upon the Closing Date.

Performance of Agreements. The Buyer shall have performed and complied with, in all material respects respects, all of its the covenants, agreements and obligations required by conditions contained in this Agreement and each of the other Documents to be performed or complied with by it prior to the Buyer on or upon before the Closing Date.

Performance of Agreements. Buyer shall have performed and satisfied in all material respects all of its covenants, covenants and agreements and obligations required by this Agreement and each of the other Documents to be performed or complied with satisfied by it Buyer at or prior to or upon the Closing Dateand shall have delivered all payments, documents and instruments of transfer required by Article II.

Performance of Agreements. Buyer shall have performed in all material respects have performed all of its covenantsobligations and agreements, agreements and obligations required by complied with all covenants and conditions, contained in this Agreement and each of the other Documents to be performed or complied with by it them prior to or upon at the Closing DateClosing.

Performance of Agreements. The Buyer shall have performed in all material respects shall have performed or caused to be performed all of its covenants, obligations and agreements and obligations required by complied with or caused to be complied with all covenants and conditions contained in this Agreement and each of the other Documents to be performed or complied with by it the Buyer at or prior to or upon the Closing Date.

Performance of Agreements. The Buyer shall have performed performed, in all material respects respects, all of its covenantsobligations, agreements agreements, conditions, covenants and obligations commitments required by this Agreement and each of the other Documents to be performed or complied with fulfilled by it pursuant to the terms hereof on or prior to or upon the Closing Date.

Performance of Agreements. The Buyer shall have performed in all material respects all of its covenants, obligations and agreements and obligations required by contained in this Agreement and each of the other Documents to be performed or complied with by it them prior to or upon at the Closing Date.

Performance of Agreements. Buyer shall have performed and complied in all material respects with all of its covenants, obligations and agreements and obligations required by this Agreement and each of or the other Documents agreements contemplated herein, to be performed or complied with by it prior to on or upon before the Closing Date.

Performance of Agreements. Buyer shall have performed in all material respects have performed all of its covenantsobligations and agreements, agreements and obligations required by complied with all covenants and conditions, contained in this Agreement and each of the other Documents to be performed or complied with by it prior to or upon at the Closing Date.

Performance of Agreements. Buyer shall have performed in all material respects all of its covenants, obligations and agreements and obligations required by complied with all covenants in this Agreement and each of the other Documents or in any Transaction Document to be performed or and complied with by it prior to at or upon the Closing Datebefore Closing.

Performance of Agreements. The Buyer shall have performed or complied with, in all material respects respects, all of its covenantstheir other obligations, covenants and agreements and obligations required by under this Agreement and each of the other Documents to be performed or complied with by it prior to or upon the Closing DateAgreement.

Performance of Agreements. Buyer shall have fully performed in all material respects all of its covenantsobligations, agreements agreements, conditions and obligations commitments required by this Agreement and each of the other Documents to be performed fulfilled by Buyer on or complied with by it prior to or upon the Closing Date, and shall have tendered to the Sellers the documents and certificates required by Article 8.

Performance of Agreements. Buyer shall have, or have caused to be performed and observed, in all material respects respects, all of its covenants, agreements and obligations required by this Agreement and each of the other Documents conditions hereof to be performed or complied with observed by it prior to Buyer at or upon before the Closing DateClosing.

Performance of Agreements. Buyer shall have has performed in all material respects all of its covenantsobligations and agreements, agreements and obligations required by complied in all material respects with all covenants and conditions in this Agreement and each of the other Documents any Transaction Document to be performed or complied with by it prior to Buyer at or upon before the Closing DateClosing.

Performance of Agreements. Buyer shall have performed in all material respects all of its covenants, obligations and agreements and obligations required by complied with all covenants contained in this Agreement and each of the other Documents to be performed or and complied with by it on or prior to or upon the Closing Date.

Performance of Agreements. The Buyer shall have performed in and complied all material respects all of its covenantsthe obligations, covenants and agreements and obligations required by this Agreement and each of the other Documents to be performed or and complied with by it prior to or upon the Closing Dateit.

Performance of Agreements. Buyer shall have performed in all material respects all of its covenants, obligations and agreements and obligations required by complied in all material respects with all covenants and conditions contained in this Agreement and each of the or any other Documents Transaction Document to be performed or and complied with by it at or prior to or upon the Closing DateClosing.

Performance of Agreements. Buyer shall have performed have, in all material respects respects, performed all of its covenants, obligations and agreements and obligations required by complied with all covenants in this Agreement and each of the other Documents or in any Transaction Document to which it is a party to be performed or and complied with by it prior to at or upon the Closing Datebefore Closing.

Performance of Agreements. Buyer shall have duly performed in all material respects all of its covenants, agreements and obligations contained herein that are required by this Agreement and each of the other Documents to be performed or complied with by it at or prior to or upon the Closing Date.

Performance of Agreements. Buyer shall have performed in all material respects all of its covenants, obligations and agreements and obligations required by complied with all covenants and conditions contained in this Agreement and each of the other Documents to be performed or complied with by it Buyer at or prior to or upon the Closing Date.

Performance of Agreements. Buyer Sellers shall have performed in all material respects all of its covenants, agreements and obligations required by this Agreement and each of the other Documents covenants, obligations and agreements contained in this Agreement required to be performed or complied with by it them prior to or upon at the Closing Date.

Performance of Agreements. Buyer shall have performed all obligations and agreements, and complied with all covenants and conditions, contained in all material respects all of its covenants, agreements and obligations required by this Agreement or in any document, agreement or instrument delivered by it pursuant hereto and each of the other Documents required to be performed or complied with by it at or prior to or upon the Closing Date.

Performance of Agreements. Buyer Sellers shall have fully performed in all material respects all of its covenantsobligations, agreements and obligations conditions required by this Agreement and each of the other Documents to be performed or complied with fulfilled by it pursuant to the terms hereof at or prior to or upon the Closing Date, and shall have tendered to Buyer the documents and certificates required by Article 8.

Performance of Agreements. The Buyer shall have performed performed, satisfied and complied with, in all material respects respects, all of its covenants, agreements agreements, obligations and obligations conditions required by this Agreement and each of the other Documents to be performed or complied with by it prior to on or upon before the Closing Date.

Performance of Agreements. Buyer shall have performed in all ------------------------- material respects all of its covenants, obligations and agreements and obligations required by contained in this Agreement and each of the other Documents or in any Transaction Document that is to be performed or complied with by it prior to at or upon the Closing Datebefore Closing.

Performance of Agreements. Buyer shall have performed in all material respects all of its covenants, agreements and obligations required by complied in all material respects with all covenants in this Agreement and each of the other Documents to be performed or and complied with by it prior to at or upon the Closing Datebefore Closing.

Performance of Agreements. Buyer shall have performed and complied in all material respects with all of its covenants, obligations and agreements and obligations required by this Agreement and each of the other Documents to be performed or complied with by it prior to on or upon before the Closing Datepursuant to this Agreement or any Schedule or Exhibit hereto, including each of Buyer’s obligations under Section 3.4.

Performance of Agreements. Buyer shall have performed all obligations and agreements, and complied with all covenants and conditions, contained in all material respects all of its covenants, agreements and obligations required by this Agreement and each of the other Documents to be performed or complied with by it prior to or upon on the Closing DateDate except to the extent that any breaches of such obligations, agreements, covenants and conditions, individually or in the aggregate, have not had, and would not reasonably be expected to have, a Buyer Material Adverse Effect.

Performance of Agreements. The Buyer shall have performed in all material respects all of its covenantshas performed and complied with each obligation, agreements agreement, covenant and obligations condition required by this Agreement and each of the other Documents to be performed or complied with by it the Buyer at or prior to or upon the Closing DateInitial Closing.

Performance of Agreements. Buyer shall have performed in all material respects all of its covenants, obligations and agreements and obligations complied, or caused to be complied with in all material respects, all covenants and conditions required by this Agreement and each of the other Documents to be performed or complied with by it Buyer at or prior to or upon the Closing Date.

Performance of Agreements. Buyer shall have performed and --------------------------- complied in all material respects with all of its covenants, obligations and agreements and obligations required by this Agreement and each of the other Documents to be performed or complied with by it prior on or before the Effective Time pursuant to or upon the Closing Datethis Agreement.

Performance of Agreements. Buyer shall have performed in all material respects and complied with all of its covenants, covenants and agreements and obligations required by set forth in this Agreement and each of the other Purchase Documents which are required to be performed or complied with by it on or prior to or upon the Closing Date.