Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in this Agreement to be performed or complied with by it prior to or at the Closing Date.
Appears in 9 contracts
Samples: Purchase Agreement (Aveon Group L.P.), Purchase Agreement (Aveon Group L.P.), Purchase Agreement (Aveon Group L.P.)
Performance of Covenants. The Purchaser shall Purchasers will have performed or complied with in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in this Agreement agreements required to be performed by the Purchasers on or complied with by it prior to or at the Closing Datepursuant to this Agreement.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Auto Data Network), Securities Purchase Agreement (Auto Data Network), Securities Purchase Agreement (Auto Data Network)
Performance of Covenants. The Purchaser shall have performed and complied, in all material respects all obligations and agreementsrespects, and complied in all material respects with each of the covenants and conditions, contained in this Agreement provisions hereof required herein to be performed or complied with by it prior to or at between the date hereof and the Closing Date.
Appears in 7 contracts
Samples: Equity and Asset Purchase Agreement (NewPage Holding CORP), Stock and Asset Purchase Agreement (Dana Corp), Equity and Asset Purchase Agreement (NewPage Energy Services LLC)
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the all covenants and conditions, contained agreements required in this Agreement to be performed or complied with by it the Purchaser on or prior to or at the Closing Date.;
Appears in 6 contracts
Samples: Stock Purchase Agreement (Apollo Medical Holdings, Inc.), Stock Purchase Agreement (Apollo Medical Holdings, Inc.), Stock Purchase Agreement (Apollo Medical Holdings, Inc.)
Performance of Covenants. The Purchaser Buyer shall have performed in or complied with all material respects all obligations and of the agreements, and complied in all material respects with each of the covenants and conditions, contained in conditions required by this Agreement to be performed or complied with by it prior to or at the Closing DateClosing.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Thermodynetics Inc), Asset Purchase Agreement (Judge Group Inc), Unit Purchase Agreement (Scanvec Amiable LTD)
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreementsperformed, satisfied and complied in all material respects with each of the covenants covenants, agreements and conditions, contained in conditions required by this Agreement to be performed performed, satisfied or complied with by it the Purchaser at or prior to or at the Closing DateClosing.
Appears in 6 contracts
Samples: Forward Purchase Agreement (ECP Environmental Growth Opportunities Corp.), Forward Purchase Agreement (Rice Acquisition Corp.), Forward Purchase Agreement (RedBall Acquisition Corp.)
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreements, and or complied in all material respects with each of the all obligations, agreements and covenants and conditions, contained in this Agreement hereunder to be performed or complied with by it prior to on or at before the Closing Date.
Appears in 6 contracts
Samples: Stock Purchase Agreement, Stock Purchase Agreement (Harrington West Financial Group Inc/Ca), Stock Purchase Agreement (Breeden Douglas T)
Performance of Covenants. The Purchaser shall have performed in and complied with all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in obligations required by this Agreement to be performed or complied with by it Purchaser prior to or at the Closing DateClosing.
Appears in 6 contracts
Samples: Asset and Renewal Rights Acquisition Agreement (Hallmark Financial Services Inc), Stock Purchase Agreement (Hallmark Financial Services Inc), Purchase Agreement (Hallmark Financial Services Inc)
Performance of Covenants. The Purchaser Buyer shall have performed in all material respects all obligations and agreements, and complied in with all material respects with each covenants of the covenants and conditions, contained in this Agreement to be performed or complied with by it them at or prior to or at the Closing Date, and Buyer shall each have delivered to the Shareholders and the Company a certificate to such effect.
Appears in 5 contracts
Samples: Stock Purchase and Sale Agreement (Omni Energy Services Corp), Stock Purchase and Sale Agreement (Omni Energy Services Corp), Stock Purchase and Sale Agreement (Omni Energy Services Corp)
Performance of Covenants. The Purchaser Buyer shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants all covenants, agreements, terms and conditions, contained in conditions and executed all documents required by this Agreement to be performed or performed, complied with or executed by it prior to or at on the Closing Date.
Appears in 5 contracts
Samples: Share Exchange Agreement (Advanced Mineral Technologies, Inc), Asset Purchase Agreement (Action Fashions, Ltd.), Asset Purchase Agreement (Action Fashions, Ltd.)
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreements, and has fulfilled or complied in all material respects with each of the covenants and conditions, of the Purchaser contained in this Agreement to be performed fulfilled or complied with by it on or prior to or at the Closing Effective Time, and has delivered a certificate confirming same to the Company, executed by two senior officers of the Purchaser (in each case without personal liability) addressed to the Company and dated the Effective Date.
Appears in 5 contracts
Samples: Arrangement Agreement, Arrangement Agreement (Cresco Labs Inc.), Arrangement Agreement (Columbia Care Inc.)
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreements, and has fulfilled or complied in all material respects with each of the covenants and conditions, of the Purchaser contained in this Agreement to be performed fulfilled or complied with by it on or prior to or at the Closing Effective Time, and has delivered a certificate confirming same to the Company, executed by two (2) senior officers of the Purchaser (in each case without personal liability) addressed to the Company and dated the Effective Date.
Appears in 5 contracts
Samples: Arrangement Agreement (Kirkland Lake Gold Ltd.), Arrangement Agreement, Arrangement Agreement (Aphria Inc.)
Performance of Covenants. The Purchaser Buyer shall have performed and complied with, or shall cause the performance of and compliance with, in all material respects all obligations and agreements, and complied in all material respects with each of the its covenants and conditions, contained in this Agreement agreements required to be performed or complied with by it under this Agreement prior to or at the Closing Date.
Appears in 5 contracts
Samples: Equity Purchase Agreement (Mueller Industries Inc), Stock and Membership Interest Purchase Agreement (American Rebel Holdings Inc), Stock and Unit Purchase Agreement (Simply Good Foods Co)
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreements, and has fulfilled or complied in all material respects with each of the its covenants and conditions, contained in this Agreement to be performed fulfilled or complied with by it on or prior to or at the Closing Effective Date, and has delivered a certificate confirming same to the Company, executed by two (2) senior officers of the Purchaser (in each case without personal liability) addressed to the Company and dated the Effective Date.
Appears in 5 contracts
Samples: Arrangement Agreement (TerrAscend Corp.), Arrangement Agreement (IM Cannabis Corp.), Arrangement Agreement
Performance of Covenants. The Purchaser shall have duly performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants all covenants, obligations and conditions, contained in agreements required by this Agreement to be performed or complied with by it Purchaser at or prior to or at the Closing DateClosing.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (TILT Holdings Inc.), Agreement and Plan of Merger (TILT Holdings Inc.), Merger Agreement (Appfolio Inc)
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreements, and fulfilled or complied in all material respects with each of the obligations and covenants and conditions, of the Purchaser contained in this Agreement to be performed fulfilled or complied with by it on or prior to or at the Closing Effective Time, and shall have delivered a certificate confirming same to the Company, executed by two senior officers of the Purchaser (in each case without personal liability) addressed to the Company and dated the Effective Date.
Appears in 4 contracts
Samples: Arrangement Agreement (Canopy Growth Corp), Arrangement Agreement (Canopy Growth Corp), Arrangement Agreement (Acreage Holdings, Inc.)
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreements, and or complied in all material respects with each of the covenants all covenants, agreements and conditions, contained in obligations required by this Agreement to be performed or complied with by it the Purchaser on or prior to or at the Closing Date.
Appears in 4 contracts
Samples: Purchase Agreement (Quebecor Media Inc), Purchase Agreement (Postmedia Network Canada Corp.), Purchase Agreement (Postmedia Network Canada Corp.)
Performance of Covenants. The Purchaser Buyer shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in this Agreement agreements required to be performed or complied with by it pursuant to the Transaction Documents on or prior to or at the Closing Date.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Aehr Test Systems), Asset Purchase Agreement, Asset Purchase Agreement (Caesars Acquisition Co)
Performance of Covenants. The Purchaser shall will have performed in and complied with all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in obligations required by this Agreement to be performed or complied with by it Purchaser prior to or at the Closing DateClosing.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Inspire Insurance Solutions Inc), Asset Purchase Agreement (Inspire Insurance Solutions Inc), Stock Purchase Agreement (Inspire Insurance Solutions Inc)
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the all covenants and conditions, contained in this Agreement to be performed or complied with by it prior to or at the Closing Date.
Appears in 4 contracts
Samples: Sale and Purchase Agreement (E Trade Financial Corp), Sale and Purchase Agreement (J P Morgan Chase & Co), Stock Purchase Agreement (At&t Capital Corp /De/)
Performance of Covenants. The Purchaser Buyer shall have duly performed in all material respects all obligations obligations, covenants and agreements, agreements undertaken by Buyer herein and complied in with all material respects with each of the covenants terms and conditions, contained in this Agreement conditions applicable to Buyer hereunder to be performed or complied with by it prior to or at before the Closing Date.
Appears in 4 contracts
Samples: Asset Purchase and Sale Agreement (Herbst Gaming Inc), Asset Purchase and Sale Agreement (Herbst Gaming Inc), Asset Purchase and Sale Agreement (Herbst Gaming Inc)
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreements, and complied in with all material respects with each of the terms, covenants and conditions, contained in conditions required by this Agreement to be performed or complied with by it prior to on or at before the Closing Date.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Cincinnati Milacron Inc /De/), Purchase and Sale Agreement (Woodward Governor Co), Purchase and Sale Agreement (C&d Technologies Inc)
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreements, and performed or complied in all material respects with each and all of the covenants obligations, covenants, agreements and conditions, contained in this Agreement conditions required to be performed or complied with by it on or prior to or at the Closing Date.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Horizon Health Corp /De/), Asset Purchase Agreement (Horizon Health Corp /De/), Asset Sale Agreement (Health Management Associates Inc)
Performance of Covenants. The Purchaser shall will have performed fulfilled or complied with, in all material respects respects, all obligations and agreements, and complied in all material respects with each of the its covenants and conditions, contained in this Agreement to be performed fulfilled or complied with by it at or prior to or at the Closing, and the Purchaser will have executed and delivered a certificate to that effect to the Vendor. The Closing Datewill not constitute a waiver by the Vendor of the covenants of the Purchaser which are contained in this Agreement.
Appears in 3 contracts
Samples: Share Purchase Agreement, Share Purchase Agreement (Cannapharmarx, Inc.), Share Purchase Agreement
Performance of Covenants. The Purchaser Buyer shall have performed in all material respects performed and complied with all obligations and covenants, agreements, and complied in all material respects with each of the covenants and conditions, contained in conditions required by this Agreement to and all related documents that must be performed or complied with by it prior to or before and at the Closing Date.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Maxco Inc), Stock Purchase Agreement (Semco Energy Inc), Stock Purchase Agreement (Asha Corp)
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreements, and complied in with all material respects with each of the covenants and conditions, contained in conditions required by this Agreement to be performed or complied with by it them at or prior to or at the Closing Date.
Appears in 3 contracts
Samples: Merger Agreement (Boston Therapeutics, Inc.), Merger Agreement (Boston Therapeutics, Inc.), Merger Agreement (AVANYX Therapeutics, Inc.)
Performance of Covenants. The Purchaser shall have performed and complied with, in all material respects respects, all obligations and agreements, and complied in all material respects with each of the its covenants and conditions, contained in this Agreement to be performed at or complied with by it prior to or at before the Closing Date(to the extent that such covenants require performance by Purchaser at or before the Closing).
Appears in 3 contracts
Samples: Asset Purchase Agreement (Immunome Inc.), Asset Purchase Agreement (Homology Medicines, Inc.), Asset Purchase Agreement (Ayala Pharmaceuticals, Inc.)
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreementsobligations, and complied in all material respects with each of the covenants agreements and conditionscovenants, contained in this Agreement required to be performed by or complied with by it prior to or at the Closing Datehereunder.
Appears in 3 contracts
Samples: Plan of Reorganization and Agreement of Securities Exchange (Madison Ventures Inc.), Agreement of Securities Exchange and Plan of Reorganization (INTERACTIVE MULTI MEDIA AUCTION Corp), Agreement of Securities Exchange and Plan of Reorganization (INTERACTIVE MULTI MEDIA AUCTION Corp)
Performance of Covenants. The Purchaser Buyer shall have duly performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants all covenants, obligations and conditions, contained in agreements required by this Agreement to be performed or complied with by it Buyer at or prior to or at the Closing DateClosing.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Icagen, Inc.), Asset Purchase Agreement (Ligand Pharmaceuticals Inc), Asset Purchase Agreement (Scansource Inc)
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreements, agreements and complied in all material respects with each of the all covenants and conditions, contained in required by this Agreement to be performed or complied with by it prior to or at the Closing DatePurchase Closing.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Knoll Inc), Stock Purchase Agreement (Herman Miller Inc), Stock Purchase Agreement (Global Furniture Holdings S.a r.l)
Performance of Covenants. The Purchaser shall have performed in fulfilled or complied with all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in this Agreement required to be performed fulfilled or complied with by it at or prior to or at Closing and the Closing DatePurchaser shall have executed and delivered a certificate of a senior officer to that effect.
Appears in 3 contracts
Samples: Share Purchase Agreement (Aphria Inc.), Share Purchase Agreement, Share Purchase Agreement
Performance of Covenants. The Purchaser shall have performed and complied, in all material respects all obligations and agreementsrespects, and complied in all material respects with each of the covenants and conditions, contained provisions in this Agreement required herein to be performed or complied with by it prior to or at between the date hereof and the Closing Date.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Kevco Inc), Securities Purchase Agreement (Kevco Inc), Securities Purchase Agreement (Kevco Partners Investment Trust)
Performance of Covenants. The Purchaser Buyer shall have performed in all material respects performed and complied with all obligations and covenants, agreements, and complied in all material respects with each of the covenants and conditions, contained in conditions required by this Agreement to and all related documents that must be performed or complied with by it prior to before or at the Closing DateClosing.
Appears in 3 contracts
Samples: Stock Purchase Agreement (VCG Holding Corp), Stock Purchase Agreement (VCG Holding Corp), Stock Purchase Agreement (VCG Holding Corp)
Performance of Covenants. The Purchaser shall will have performed in all material respects all obligations and agreements, and or complied in all material respects with each of the all covenants and conditions, contained in this Agreement agreements required to be performed by the Purchaser on or complied with by it prior to or at the Closing Datepursuant to this Agreement.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Monster Arts Inc.), Stock Purchase Agreement (Monster Offers), Securities Purchase Agreement (United Fuel & Energy Corp)
Performance of Covenants. The Purchaser shall will have performed in all material respects all obligations and agreements, and or complied in all material respects with each of the all covenants and conditions, contained in this Agreement agreements required to be performed by the Purchasers on or complied with by it prior to or at the Closing Datepursuant to this Agreement.
Appears in 3 contracts
Samples: Subscription Agreement (BioDrain Medical, Inc.), Subscription Agreement (BioDrain Medical, Inc.), Subscription Agreement (BioDrain Medical, Inc.)
Performance of Covenants. The Purchaser shall have performed in all material respects all its obligations and agreements, and complied in all material respects with each the agreements and covenants of the covenants and conditions, contained in this Agreement Purchaser to be performed or complied with by it prior to or at the Closing Date.under this Agreement;
Appears in 3 contracts
Samples: Stock Purchase Agreement (Statia Terminals Group Nv), Stock Purchase Agreement (Kaneb Pipe Line Operating Partnership Lp), Stock Purchase Agreement (Kaneb Services LLC)
Performance of Covenants. The Purchaser shall will have performed in all material respects all obligations and agreements, and or complied in all material respects with each of the all covenants and conditions, contained in this Agreement agreements required to be performed or complied with by it on or prior to or at the Closing Datepursuant to this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Cryocor Inc), Securities Purchase Agreement (Patient Infosystems Inc)
Performance of Covenants. The Purchaser shall have materially performed in all material respects all obligations and agreements, agreements and complied in all material respects with each of the all covenants and conditions, contained in conditions required by this Agreement to be performed or complied with by it Purchaser prior to or at the Closing DateClosing.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Travere Therapeutics, Inc.), Asset Purchase Agreement (Mirum Pharmaceuticals, Inc.)
Performance of Covenants. The Purchaser shall have performed in fulfilled or complied with all material respects all obligations obligations, conditions and agreements, and complied in all material respects with each of the covenants and conditions, contained in this Agreement required to be performed fulfilled or complied with by it at or prior to or at the Closing DateClosing, and the Purchaser shall have delivered a certificate executed by a senior officer of the Purchaser to that effect.
Appears in 2 contracts
Samples: Share Purchase Agreement, Share Purchase Agreement (Flowr Corp)
Performance of Covenants. The Purchaser shall have performed or complied with, in all material respects respects, all obligations and agreementsthe obligations, and complied in all material respects with each of the covenants and conditions, contained agreements in this Agreement to be performed or complied with by it the Purchaser at or prior to or the Time of Closing. The Purchaser shall not be in breach in any material respect of any covenant on its part contained in this Agreement and shall have delivered to the Vendor at the Time of Closing Datea certificate, duly executed by an officer of the Purchaser acceptable to the Vendor, to such effect.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Lifeline Systems Inc), Asset Purchase Agreement (Fossil Inc)
Performance of Covenants. The Purchaser shall have performed in performed, satisfied and complied with all material respects all of the covenants, agreements, obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in conditions under this Agreement which are to be performed performed, satisfied or complied with by it Purchaser at or prior to or at the Closing DateClosing.
Appears in 2 contracts
Samples: Asset Purchase Agreement (It Partners Inc), Asset Purchase Agreement (It Partners Inc)
Performance of Covenants. The Purchaser Purchasers shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the obligations and covenants and conditions, contained in required by this Agreement to be performed or complied with by it Purchasers on or prior to or at the Closing Date.
Appears in 2 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (Chesapeake Corp /Va/)
Performance of Covenants. The Purchaser and Acquisition Sub shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditionsevery covenant, contained in agreement and condition required by this Agreement to be performed or complied with by it them prior to or at on the Closing Date.
Appears in 2 contracts
Samples: Merger Agreement (Screaming Media Com Inc), Merger Agreement (Modem Media Poppe Tyson Inc)
Performance of Covenants. The Purchaser shall have duly performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants covenant, agreement and conditions, contained in condition required by this Agreement to be performed or complied with by it prior to or at on the Closing Date.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Andrews Group Inc /De/), Stock Purchase Agreement (Andrews Group Inc /De/)
Performance of Covenants. The Purchaser shall have performed and complied with in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in required by this Agreement to be performed or and complied with by it prior to Purchaser on or at before the Closing Date.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Chimerix Inc), Asset Purchase Agreement (Emergent BioSolutions Inc.)
Performance of Covenants. The Purchaser shall will have performed in all material respects all obligations and agreements, and or complied in all material respects with each of the covenants all covenants, agreements and conditions, contained in obligations required by this Agreement to be performed or complied with by it the Purchaser on or prior to or at the Closing Date.
Appears in 2 contracts
Samples: Arrangement Agreement (Tilray, Inc.), Arrangement Agreement (Compass Group Diversified Holdings LLC)
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the its covenants and conditions, contained in agreements required by this Agreement to be performed or complied with by it at or prior to or at the Closing Datein all material respects.
Appears in 2 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (Triumph Bancorp, Inc.)
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the obligations and covenants and conditions, contained in required by this Agreement to be performed or complied with by it Purchaser on or prior to or at the Closing Date.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Alldigital Holdings, Inc.), Asset Purchase Agreement
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreements, and complied in all material respects respect with each of the all covenants and conditions, contained in this Agreement to be performed or complied with by it prior to or at the Closing Date or the applicable Transfer Date.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Homeside Inc), Asset Purchase Agreement (Homeside Lending Inc)
Performance of Covenants. The Purchaser Buyer shall have performed in all material respects all obligations and agreements, and or complied in all material respects with each all of the covenants and conditions, contained agreements in this Agreement to be performed or complied with by it prior to or at the Closing DateClosing, except for agreements, covenants and conditions qualified by materiality, which shall be conformed and complied with in all respects.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Orleans Homebuilders Inc), Stock Purchase Agreement (Orleans Homebuilders Inc)
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditionsevery covenant, contained in agreement and condition required by this Agreement to be performed or complied with by it Purchaser prior to or at on the Closing Date.
Appears in 2 contracts
Samples: Merger Agreement (Must Haves, Inc.), Merger Agreement (Pharmacity Corp)
Performance of Covenants. The Purchaser shall have performed and complied, in all material respects all obligations and agreementsrespects, and complied in all material respects with each of the covenants and conditions, contained in this Agreement provisions hereof required herein to be performed or complied with by it prior to or at Purchaser between the date of this Agreement and the Closing DateDate (including, without limitation, all actions required under Section 3.3).
Appears in 2 contracts
Samples: Stock Purchase Agreement, Stock Purchase Agreement (Star Gas Partners Lp)
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained provisions in this Agreement required herein to be performed or complied with by it prior to or at between the date hereof and the Closing Date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Centex Corp), Unit Purchase Agreement (Verasun Energy Corp)
Performance of Covenants. The Each Purchaser shall have performed and complied, in all material respects all obligations and agreementsrespects, and complied in all material respects with each of the covenants and conditions, contained in provisions of this Agreement required to be performed or complied with by it prior to or at between the date hereof and the Closing Date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Fidelity National Financial Inc /De/), Securities Purchase Agreement (Lendingtree Inc)
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations Prior to and agreements, and complied in all material respects with each of the covenants and conditions, contained in this Agreement to be performed or complied with by it prior to or at the Closing Date, Buyer shall have in all respects performed and complied with its obligations under all the covenants, agreements, and conditions that this Agreement and all Related Agreements require.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Maxco Inc), Asset Purchase Agreement (Integral Vision Inc)
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreements, and or complied in all material respects with each and all of the covenants obligations, covenants, agreements and conditions, contained in this Agreement conditions required to be performed or complied with by it Purchaser on or prior to or at the Closing DateClosing.
Appears in 2 contracts
Performance of Covenants. The Purchaser Buyer shall have performed in all material respects all covenants and obligations and agreements, and complied in with all material respects with each of the covenants and conditions, contained in conditions required by this Agreement to be performed or complied with by it on or prior to or at the Closing Date.
Appears in 2 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (Federal Signal Corp /De/)
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in this Agreement agreements required to be performed or complied with by it under this Agreement prior to or at the Closing DateClosing.
Appears in 2 contracts
Samples: Agreement and Plan of Acquisition, Agreement and Plan of Acquisition
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreements, and performed or complied in all material respects with each and all of the covenants obligations, covenants, agreements and conditions, contained in this Agreement conditions required to be performed or complied with by it on or prior to or at the Closing DateClosing.
Appears in 2 contracts
Samples: Asset Sale Agreement (Southwest General Hospital Lp), Asset Sale Agreement (Southwest General Hospital Lp)
Performance of Covenants. The Purchaser shall have performed and complied with in all material respects all obligations and agreements, and complied in all material respects with each of the its covenants and conditions, agreements contained in this Agreement to be performed on or complied with by it prior to or at the Closing Date.
Appears in 2 contracts
Samples: Stock Purchase Agreement (TreeHouse Foods, Inc.), Securities Purchase Agreement (TreeHouse Foods, Inc.)
Performance of Covenants. The Each Purchaser shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in provisions of this Agreement required to be performed or complied with by it prior to or at on the Closing Date.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Landmark Apartment Trust of America, Inc.), Securities Purchase Agreement (Landmark Apartment Trust of America, Inc.)
Performance of Covenants. The Purchaser shall will have performed and complied with, in all material respects respects, all obligations obligations, agreements and agreements, and complied in all material respects with each of the covenants and conditions, contained in this Agreement required to be performed by, or complied with by it by, Purchaser under this Agreement at or prior to or at the Closing DateClosing.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Lantronix Inc), Securities Purchase Agreement (Communications Systems Inc)
Performance of Covenants. The Purchaser Buyer shall have performed and complied with, or shall cause the performance of and compliance with, in all material respects all obligations and agreements, and complied in all material respects with each of the its covenants and conditions, contained in this Agreement agreements required to be performed or complied with by it under this Agreement prior to or at the Closing DateDate and the Sellers shall have received a certificate of Buyer certifying as to the foregoing.
Appears in 2 contracts
Samples: Membership Interest Purchase Agreement (Worlds Online Inc.), Membership Interest Purchase Agreement (Worlds Online Inc.)
Performance of Covenants. The Purchaser Purchasers shall have performed and complied, in all material respects all obligations and agreementsrespects, and complied in all material respects with each of the covenants and conditions, contained in provisions of this Agreement required to be performed or complied with by it prior to or at them between the date of the Initial Agreement and the Closing DateDate with respect to THL and TPG, and the date of this Agreement and the Closing Date with respect to Evercore and BACI.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Fidelity National Financial Inc /De/), Stock Purchase Agreement (Fidelity National Financial Inc /De/)
Performance of Covenants. The Purchaser shall have performed in all material respects (but without regard to any qualifications with respect to materiality contained therein) all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in this Agreement to be performed or complied with by it at or prior to or at Closing, and the Closing DatePurchaser shall have delivered a certificate of a senior officer confirming the foregoing.
Appears in 2 contracts
Samples: Share Purchase Agreement (CURO Group Holdings Corp.), Share Purchase Agreement (CURO Group Holdings Corp.)
Performance of Covenants. The Purchaser shall have duly performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants covenant, agreement and conditions, contained in condition required by this Agreement to be performed or complied with by it prior to or at on the Closing Date.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Andrews Group Inc /De/), Stock Purchase Agreement (Andrews Group Inc /De/)
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in this Agreement agreements required to be performed or complied with by it prior under this Agreement and each other Document to or at the Closing Datewhich it is a party.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Wam Net Inc), Securities Purchase Agreement (Wam Net Inc)
Performance of Covenants. The Purchaser shall have performed and complied with, in all material respects respects, all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in agreements required by this Agreement to be performed or complied with by it Purchaser on or prior to or at the Closing DateClosing.
Appears in 2 contracts
Samples: Merger Agreement (Atlas Energy Solutions Inc.), Stock Purchase Agreement (Bacterin International Holdings, Inc.)
Performance of Covenants. The Purchaser Buyer shall have performed in all material respects all obligations and agreements, and or complied in all material respects with each of the its agreements and covenants and conditions, contained in required by this Agreement to be performed or complied with by it prior to or at the Closing DateClosing.
Appears in 2 contracts
Samples: Membership Interest Purchase Agreement (Finwise Bancorp), Membership Interest Purchase Agreement (Finwise Bancorp)
Performance of Covenants. The Purchaser shall have performed or complied with, in all material respects respects, all obligations and agreements, and complied in all material respects with each of the obligations, covenants and conditions, contained agreements in this Agreement to be performed or complied with by it the Purchaser at or prior to or the Time of Closing. The Purchaser shall not be in material breach of any covenant on its part contained in this Agreement and shall have delivered to the Vendor at the Time of Closing Datea certificate duly executed by an authorized senior officer of the Purchaser, to such effect.
Appears in 1 contract
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreements, and fulfilled or complied in all material respects with each of the all covenants and conditions, contained in this Agreement to be performed fulfilled or complied with by it at or prior to or at the Closing DateDate and Purchaser shall have executed and delivered to Vendor Purchaser’s Closing Certificate to that effect.
Appears in 1 contract
Performance of Covenants. The Purchaser shall will have performed in all material respects all obligations and agreements, and or complied in all material respects with each of the covenants all covenants, agreements and conditions, contained in obligations required by this Agreement to be performed or complied with by it Purchaser on or prior to or at the Closing Date.
Appears in 1 contract
Performance of Covenants. The Purchaser Buyer shall have performed in all material respects all its obligations and agreements, and complied in all material respects with each of the its covenants and conditions, contained in this Agreement agreements required to be performed or complied with by it on or prior to or at the Closing DateClosing.
Appears in 1 contract
Performance of Covenants. The Purchaser shall have fulfilled, performed or complied with in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, or other agreements contained in this Agreement to be fulfilled, performed or complied with by it at or prior to or at Closing, and the Closing DatePurchaser shall have executed and delivered a certificate of a senior officer to that effect.
Appears in 1 contract
Samples: Share Purchase Agreement (Foundation Building Materials, Inc.)
Performance of Covenants. The Purchaser shall and Axxxxx will have performed in all material respects all obligations and agreements, and or complied in all material respects with each of the covenants all covenants, agreements and conditions, contained in obligations required by this Agreement to be performed or complied with by it them on or prior to or at the Closing Date.
Appears in 1 contract
Performance of Covenants. The Purchaser shall have performed in all material respects all their respective obligations and agreements, and shall have complied in all material respects with each all of the their respective covenants and conditions, contained in this Agreement to be performed or complied with by it prior to or at the Closing Date.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Piper Jaffray Companies)
Performance of Covenants. The Purchaser shall have fulfilled, performed in all material respects all obligations and agreements, and or complied in all material respects with each of the all covenants and conditions, contained in this Agreement to be fulfilled, performed or complied with by it at or prior to or at Closing, and the Closing DatePurchaser shall have delivered a certificate of a senior officer confirming the foregoing.
Appears in 1 contract
Performance of Covenants. The Purchaser shall have performed and complied with in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in this Agreement agreements required to be performed or complied with by it under this Agreement prior to or at the Closing Date.
Appears in 1 contract
Performance of Covenants. The Purchaser Purchasers shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants all material agreements, obligations, cove- nants and conditions, contained in conditions required by this Agreement to be performed or complied with by it at or prior to or at the Closing DateClosing.
Appears in 1 contract
Performance of Covenants. The Purchaser shall have performed and complied, in all material respects all obligations and agreementsrespects, and complied in all material respects with each of the covenants and conditions, contained in this Agreement provisions hereof required herein to be performed or complied with by it prior to or at between the date hereof and the Closing Date.
Appears in 1 contract
Samples: Asset Purchase Agreement (Dana Corp)
Performance of Covenants. The Purchaser shall have performed ------------------------ in all material respects all covenants and obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in all conditions required by this Agreement to be performed or complied with by it on or prior to or at the Closing Date.
Appears in 1 contract
Performance of Covenants. The Purchaser Buyer shall have performed in ------------------------ all material respects all covenants and obligations and agreements, and complied in with all material respects with each of the covenants and conditions, contained in conditions required by this Agreement to be performed or complied with by it Buyer on or prior to or at the Closing Date.
Appears in 1 contract
Performance of Covenants. The Purchaser Purchasers shall have performed and complied, in all material respects all obligations and agreementsrespects, and complied in all material respects with each of the covenants and conditions, contained in this Agreement provisions hereof required to be performed or complied with by it prior to or at them between the date hereof and the Closing DateDate and each Seller Authorization shall have been obtained.
Appears in 1 contract
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreements, and complied in all material respects with each all of the covenants and conditions, contained in agreements required by this Agreement to be performed or complied with by it prior to or at the Closing DateClosing.
Appears in 1 contract
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreements, and complied in with all material respects with each of the terms, covenants and conditions, contained in conditions required by this Agreement to be performed or complied with by it prior to or at on the Closing Date.
Appears in 1 contract
Samples: Purchase and Sale Agreement (XML Global Technologies Inc)
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, obligations contained in this Agreement required to be performed or complied with by it at or prior to or at the Closing DateClosing.
Appears in 1 contract
Performance of Covenants. The Purchaser Buyer shall have performed in all material respects all obligations and agreements, and or complied in all material respects with each of the its agreements and covenants (except those agreements and conditionscovenants that are qualified by materially, contained which shall be performed and complied with in all respects) required by this Agreement and each Buyer Transaction Document to be performed or complied with by it prior to or at the Closing DateClosing.
Appears in 1 contract
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreements, and performed or complied in all material respects with each and all of the covenants obligations, covenants, agreements and conditions, contained in this Agreement conditions required to be performed or complied with by it on or prior to or at the Closing Date, including but not limited to Section 2.11 (except to the extent limited or qualified by materiality or Material Adverse Effect, in which event such applicable obligations, covenants, agreements and conditions shall have been performed or complied with in all respects in accordance with the terms of the applicable obligations, covenants, agreements and conditions).
Appears in 1 contract
Samples: Stock Purchase Agreement (Metropolitan Health Networks Inc)
Performance of Covenants. The Purchaser shall have performed in all ------------------------ material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditionsall covenants, contained in this Agreement to be performed or complied with by it prior to or at the Closing Date.
Appears in 1 contract
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants all covenants, agreements and conditions, contained in conditions required by this Agreement to be performed by or complied with by it prior to or at the Closing DateClosing. None of the events or conditions entitling the Stockholders to terminate this Agreement under Article 9 hereof shall have occurred and be continuing.
Appears in 1 contract
Samples: Stock Purchase Agreement (Energy Ventures Inc /De/)
Performance of Covenants. The Purchaser Buyer shall have performed in all material respects all its obligations and agreements, and complied in all material respects with each of the its covenants and conditions, contained in this Agreement agreements required to be performed or complied with by it on or prior to or at the Closing Date.Closing, including the delivery of the executed Assignment Agreement by Buyer to Seller and the Company; and
Appears in 1 contract
Samples: Limited Liability Company Unit Purchase and Sale Agreement (American Midstream Partners, LP)
Performance of Covenants. The Purchaser Buyer shall have performed in all material respects all covenants and obligations and agreements, and complied in with all material respects with each of the covenants and conditions, contained in conditions required by this Agreement to be performed or complied with by it them on or prior to or at the Closing Date.
Appears in 1 contract
Performance of Covenants. The Purchaser shall have performed in fulfilled or complied with all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, herein contained in this Agreement required to be performed or complied with by it at or prior to or at the Closing DateEffective Time.
Appears in 1 contract
Samples: Share Purchase Agreement (Lazzara Financial Asset Recovery Inc)
Performance of Covenants. The Purchaser Purchasers shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, agreements contained in this Agreement required herein to be performed or complied with by it them prior to or at the Closing Date.
Appears in 1 contract
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditionsevery covenant, contained in agreement, and condition required by this Agreement to be performed or complied with by it prior to or at on the Closing Date.
Appears in 1 contract
Performance of Covenants. The Each applicable Purchaser shall will have performed or complied with in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in this Agreement agreements required to be performed by each applicable Purchaser on or complied with by it prior to or at the Closing Datepursuant to this Agreement.
Appears in 1 contract
Samples: Securities Purchase Agreement (Bioaccelerate Holdings Inc)
Performance of Covenants. The Purchaser shall have performed fulfilled or complied, in all material respects respects, with all obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in this Agreement to be performed fulfilled or complied with by it at or prior to or at the Closing DateClosing.
Appears in 1 contract
Performance of Covenants. The Purchaser Buyer shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditionsevery covenant, contained in agreement and condition required by this Agreement to be performed or complied with by it on or prior to or at the Closing Date.
Appears in 1 contract
Performance of Covenants. The Purchaser shall have performed in all material respects all obligations and agreements, and complied in all material respects with each of the covenants and conditionsevery covenant, contained in agreement and condition required by this Agreement to be performed or complied with by it prior to or at on the Closing DateClosing.
Appears in 1 contract
Samples: Asset Purchase Agreement (United Companies Financial Corp)
Performance of Covenants. The Purchaser shall have duly performed or complied with, in all material respects respects, all of the covenants, obligations and agreements, and complied in all material respects with each of the covenants and conditions, contained in this Agreement conditions to be performed or complied with by it under the terms of this Agreement prior to or at the Closing DateClosing.
Appears in 1 contract
Samples: Stock Purchase Agreement (Albany International Corp /De/)
