Common use of Performance of Obligations of Buyer Clause in Contracts

Performance of Obligations of Buyer. Buyer shall have performed or complied in all material respects with all obligations and covenants required by this Agreement to be performed or complied with by Buyer prior to or at the Closing. The Corporation and the Sellers shall have received a certificate signed by an officer of Buyer certifying as to fulfillment of the condition set forth in this Section 9.2(b).

Appears in 2 contracts

Samples: Stock Purchase Agreement (El Pollo Loco, Inc.), Stock Purchase Agreement (EPL Intermediate, Inc.)

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Performance of Obligations of Buyer. Buyer shall have performed or complied in all material respects with (other than covenants and obligations that are already qualified as to materiality or Material Adverse Effect, which covenants and obligations shall have been performed in all respects) all covenants and obligations and covenants required by this Agreement to be performed or complied with by Buyer under this Agreement prior to or at on the Closing. The Corporation Closing Date, and the Sellers Seller shall have received a certificate to such effect signed on behalf of Buyer by an officer of Buyer certifying as to fulfillment of (such certificate, together with the condition set forth certificate described in this Section 9.2(b8.6(a), the “Buyer Closing Certificate”).

Appears in 2 contracts

Samples: Contribution Agreement and Agreement and Plan of Merger (Western Gas Partners LP), Contribution Agreement and Agreement (Anadarko Petroleum Corp)

Performance of Obligations of Buyer. Buyer shall have performed or complied in all material respects with all obligations and fulfilled all covenants required by this Agreement to be performed by it under this Agreement on or complied with by Buyer prior to or at the Closing. The Corporation Closing Date, and the Sellers Seller shall have received a certificate signed on behalf of Buyer by an officer of Buyer certifying as to fulfillment of the condition set forth in this Section 9.2(b)such effect.

Appears in 2 contracts

Samples: Purchase Agreement (Amerigas Finance Corp), Purchase Agreement (Amerigas Finance Corp)

Performance of Obligations of Buyer. Buyer shall have performed or complied in all material respects with all covenants, agreements and obligations and covenants required by this Agreement to be performed by it under this Agreement at or complied with by Buyer prior to or at the Closing, including without limitation delivery of items listed in Section 4.2 hereof that are to be delivered by Buyer. The Corporation and the Sellers Seller shall have received a certificate signed on behalf of Buyer by an officer of Buyer certifying as to fulfillment of the condition set forth in this Section 9.2(b)such effect.

Appears in 1 contract

Samples: Asset Purchase Agreement (Penn National Gaming Inc)

Performance of Obligations of Buyer. Buyer shall have performed or and complied in all material respects with all obligations and covenants required by this Agreement to be performed by it under this Agreement on or complied with by Buyer prior to or at the Closing. The Corporation Closing Date, and the Sellers Company shall have received a certificate signed on behalf of Buyer by an authorized officer of Buyer certifying as to fulfillment of the condition set forth in this Section 9.2(b)such effect.

Appears in 1 contract

Samples: Stock Purchase Agreement (Navistar International Corp)

Performance of Obligations of Buyer. Buyer shall have performed or complied in all material respects with all obligations the covenants and covenants agreements required by this Agreement to be performed by it under this Agreement at or complied with by Buyer prior to or at the Closing. The Corporation and the Sellers Seller Parent shall have received a certificate signed on behalf of Buyer by an a duly authorized officer of Buyer certifying as to fulfillment of the effect that this condition set forth in this Section 9.2(b)has been satisfied.

Appears in 1 contract

Samples: Transaction Agreement (Viatris Inc)

Performance of Obligations of Buyer. Buyer shall have performed or complied in all material respects with all covenants and obligations and covenants required by this Agreement to be performed by it under this Agreement at or complied with by Buyer prior to or at the ClosingClosing Date. The Corporation and the Sellers Seller shall have received a certificate signed on behalf of Buyer by an executive officer of Buyer certifying as to fulfillment of the condition set forth in this Section 9.2(b)such effect.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Enbridge Energy Partners Lp)

Performance of Obligations of Buyer. Buyer shall have performed or complied in all material respects with all (provided that any covenant or agreement of Buyer contained herein that is qualified by a materiality standard shall not be further qualified hereby) the obligations and covenants required by this Agreement to be performed or complied with by Buyer it under this Agreement prior to or at the Closing. The Corporation Closing Date, and the Sellers Seller shall have received a certificate to such effect signed by an the chief executive officer or by the chief financial officer of Buyer certifying as to fulfillment of the condition set forth in this Section 9.2(b)Buyer.

Appears in 1 contract

Samples: Asset Purchase Agreement (Atrium Companies Inc)

Performance of Obligations of Buyer. Buyer shall have performed or complied in all material respects with all each of the covenants, agreements and obligations and covenants required by this Agreement to be performed by it under this Agreement at or complied with by Buyer prior to or at the Closing. The Corporation and the Sellers Seller shall have received a certificate signed on behalf of Buyer, by an a duly authorized officer of Buyer certifying as Buyer., to fulfillment of the condition set forth in this Section 9.2(b)such effect.

Appears in 1 contract

Samples: Option Agreement (Isle of Capri Casinos Inc)

Performance of Obligations of Buyer. Buyer shall have performed or complied in all material respects with all (provided that any covenant or agreement that is qualified by a materiality standard shall not be further qualified hereby) the obligations and covenants required by this Agreement to be performed or complied with by Buyer it under this Agreement prior to or at the Closing. The Corporation Closing Date, and the Sellers Stockholders shall have received a certificate to such effect signed on behalf of Buyer by an officer of Buyer certifying as to fulfillment of the condition set forth in this Section 9.2(b)Buyer.

Appears in 1 contract

Samples: Stock Purchase Agreement (Lsf3 Capital Investments I LLC)

Performance of Obligations of Buyer. Buyer shall have performed or and complied with, in all material respects with respects, all covenants, agreements and obligations and covenants required by this Agreement to be performed by it under this Agreement at or complied with by Buyer prior to or at the Closing, including the delivery of the Closing Documentation listed in Section 4.2 which are to be delivered by or on behalf of Buyer. The Corporation and the Sellers Seller shall have received a certificate to such effect signed on behalf of Buyer by an officer or other authorized representative of Buyer certifying as to fulfillment of the condition set forth in this Section 9.2(b)Buyer.

Appears in 1 contract

Samples: Asset Purchase Agreement (Nevada Gold & Casinos Inc)

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Performance of Obligations of Buyer. Buyer shall have performed or complied in all material respects with all (provided that any covenant or agreement of Buyer contained herein that is qualified by a materiality standard shall not be further qualified hereby) the obligations and covenants required by this Agreement to be performed or complied with by Buyer it under this Agreement prior to or at the Closing. The Corporation Closing Date, and the Sellers Seller shall have received a certificate to such effect signed on behalf of Buyer by an the chief executive officer or by the chief financial officer of Buyer certifying as to fulfillment of the condition set forth in this Section 9.2(b)Buyer.

Appears in 1 contract

Samples: Asset Purchase Agreement (Odyssey Healthcare Inc)

Performance of Obligations of Buyer. Buyer shall have performed or and complied in all material respects with all obligations and covenants required by this Agreement to be performed by it under this Agreement on or complied with by Buyer prior to or at the Closing. The Corporation Closing Date, and the Sellers Seller shall have received a certificate signed on behalf of Buyer by an authorized officer of Buyer certifying as to fulfillment of the condition set forth in this Section 9.2(b)such effect.

Appears in 1 contract

Samples: Stock and Asset Purchase Agreement (Impax Laboratories Inc)

Performance of Obligations of Buyer. The Buyer shall have performed or and complied in all material respects with all obligations and covenants required by this Agreement to be performed by it under this Agreement on or complied with by Buyer prior to or at the Closing. The Corporation Closing Date, and the Sellers Seller shall have received a certificate signed by an officer on behalf of the Buyer certifying as to fulfillment of the effect the condition set forth in this Section 9.2(b)8.3(b) has been satisfied.

Appears in 1 contract

Samples: Stock Purchase Agreement (Airspan Networks Holdings Inc.)

Performance of Obligations of Buyer. Buyer shall have performed or complied in all material respects with all (provided that any covenant or agreement that is qualified by a materiality standard shall not be further qualified hereby) the obligations and covenants required by this Agreement to be performed or complied with by Buyer it under this Agreement prior to or at the Closing. The Corporation First Closing Date, and the Sellers REIT shall have received a certificate to such effect signed on behalf of Buyer by an the chief executive officer and another officer of Buyer certifying as to fulfillment of the condition set forth in this Section 9.2(b)Buyer.

Appears in 1 contract

Samples: Stock Purchase Agreement (Lsf3 Capital Investments I LLC)

Performance of Obligations of Buyer. Buyer shall have performed or complied in all material respects with all (provided that any covenant or agreement that is qualified by a materiality standard shall not be further qualified hereby) the obligations and covenants required by this Agreement to be performed or complied with by Buyer it under this Agreement prior to or at the Closing. The Corporation such Subsequent Closing Date, and the Sellers REIT shall have received a certificate to such effect signed on behalf of Buyer by an the chief executive officer and another officer of Buyer certifying as to fulfillment of the condition set forth in this Section 9.2(b)Buyer.

Appears in 1 contract

Samples: Stock Purchase Agreement (Lsf3 Capital Investments I LLC)

Performance of Obligations of Buyer. Buyer shall have performed or complied in all material respects with all each of the covenants, agreements and obligations and covenants required by this Agreement to be performed by it under this Agreement at or complied with by Buyer prior to or at the Closing. The Corporation and the Sellers Seller shall have received a certificate signed on behalf of Buyer, by an a duly authorized officer of Buyer certifying as Buyer, to fulfillment of the condition set forth in this Section 9.2(b)such effect.

Appears in 1 contract

Samples: Asset Purchase Agreement (Isle of Capri Casinos Inc)

Performance of Obligations of Buyer. Buyer shall have performed or complied in all material respects with all covenants, agreements and obligations and covenants required by this Agreement to be performed by it under this Agreement at or complied with by Buyer prior to or at the Closing, including without limitation delivery of items listed in Section 5.2 hereof. The Corporation and the Sellers Each Seller shall have received a certificate signed on behalf of Buyer by an the chief executive officer or chief financial officer of Buyer certifying as to fulfillment of the condition set forth in this Section 9.2(b)such effect to such officer’s knowledge.

Appears in 1 contract

Samples: Asset Purchase Agreement (Harrahs Entertainment Inc)

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