Common use of Performance of Obligations of Company Clause in Contracts

Performance of Obligations of Company. Company shall have performed and complied with all of its obligations under this Agreement in all material respects at or prior to the Closing Date, and Buyer shall have received a certificate, dated the Closing Date, signed on behalf of Company by the Chief Financial Officer and Chief Operating Officer of Company to such effect.

Appears in 7 contracts

Samples: Agreement and Plan of Merger (Peoples Federal Bancshares, Inc.), Agreement and Plan of Merger (Independent Bank Corp), Voting Agreement (Mayflower Bancorp Inc)

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Performance of Obligations of Company. Company shall have performed and complied with all of its obligations under this Agreement in all material respects the obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Buyer Parent shall have received a certificate, dated the Closing Date, certificate signed on behalf of Company by the Chief Financial Executive Officer and the Chief Operating Financial Officer of Company to such effect.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Capital Bank Financial Corp.), Agreement and Plan of Merger (First Horizon National Corp), Agreement and Plan of Merger (Canadian Imperial Bank of Commerce /Can/)

Performance of Obligations of Company. Company shall have performed and complied with all of its obligations under this Agreement in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, Effective Time; and Buyer Purchaser shall have received a certificate, dated the Closing Date, certificate signed on behalf of Company by the Chief Executive Officer or the Chief Financial Officer and Chief Operating Officer of Company to such effect.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (SWS Group Inc), Agreement and Plan of Merger (Hilltop Holdings Inc.), Agreement and Plan of Merger (Huntington Bancshares Inc/Md)

Performance of Obligations of Company. Company and Company Bank shall have performed and complied with all of its their respective obligations under this Agreement in all material respects at or prior to the Closing Date, and Buyer shall have received a certificate, dated the Closing Date, signed on behalf of Company by the Company’s Chief Executive Officer and Chief Financial Officer and Chief Operating Officer signed on behalf of Company Bank by the Chief Executive Officer, Chief Financial Officer and the President of Company Bank, to such effect.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Bank of the Ozarks Inc), Agreement and Plan of Merger (Bank of the Ozarks Inc), Agreement and Plan of Merger and Reorganization (Bank of the Carolinas CORP)

Performance of Obligations of Company. Company shall have performed and or complied with all of its obligations under this Agreement in all material respects with all agreements and covenants required to be performed by it under this Agreement at or prior to the Closing Date, and Buyer . Purchaser shall have received a certificate, dated certificate of the Closing Date, signed on behalf of Company by chief executive officer and the Chief Financial Officer and Chief Operating Officer chief financial officer of Company to such effect.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Wellpoint Inc), Agreement and Plan of Merger (Wellpoint Health Networks Inc /De/), Agreement and Plan of Merger (Anthem Inc)

Performance of Obligations of Company. Company and Company Bank shall have performed and complied with all of its their respective obligations under this Agreement in all material respects to be performed at or prior to the Closing DateDate in all material respects, and Buyer shall have received a certificate, dated the Closing Date, signed on behalf of Company by the Company’s Chief Executive Officer and Chief Financial Officer and Chief Operating Officer signed on behalf of Company Bank by its Chief Executive Officer and Chief Financial Officer to such effect.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Eagle Bancorp Montana, Inc.), Agreement and Plan of Merger (Eagle Bancorp Montana, Inc.), Agreement and Plan of Merger (Eagle Bancorp Montana, Inc.)

Performance of Obligations of Company. Company shall have performed and complied with all of its obligations under this Agreement in all material respects the obligations required to be performed by it under this Agreement at or prior to the Closing Date, and Buyer Purchaser shall have received a certificate, dated the Closing Date, certificate signed on behalf of Company by the Chief Financial Executive Officer and the Chief Operating Financial Officer of Company to such effect.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (First Commonwealth Financial Corp /Pa/), Agreement and Plan of Merger (National Bank Holdings Corp), Agreement and Plan of Merger (National Bank Holdings Corp)

Performance of Obligations of Company. Company shall have performed and complied with all of its covenants and other obligations under this Agreement in all material respects at or prior to the Closing Date, and Buyer shall have received a certificate, dated the Closing Date, signed on behalf of Company by the Chief Financial Officer and Chief Operating Executive Officer of Company to such that effect.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Independent Bank Corp), Agreement and Plan of Merger (Independent Bank Corp), Agreement and Plan of Merger (Independent Bank Corp)

Performance of Obligations of Company. Company and Bank shall have performed and complied with all of its their respective obligations under this Agreement in all material respects to be performed at or prior to the Closing DateDate in all material respects, and Buyer and Merger Sub shall have received a certificate, dated the Closing Date, signed on behalf of Company by the Company’s Chief Executive Officer or Chief Financial Officer and Chief Operating Officer signed on behalf of Company Bank by its President to such effect.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Sunnyside Bancorp, Inc.), Agreement and Plan of Merger (Sunnyside Bancorp, Inc.), Agreement and Plan of Merger (OppCapital Associates LLC)

Performance of Obligations of Company. Company shall have performed and complied with all of its covenants and other obligations under this Agreement in all material respects at or prior to the Closing Date, and Buyer Xxxxx shall have received a certificate, dated the Closing Date, signed on behalf of Company by the Chief Financial Officer and Chief Operating Executive Officer of Company to such that effect.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Eastern Bankshares, Inc.), Agreement and Plan of Merger (Cambridge Bancorp)

Performance of Obligations of Company. Company shall have performed and complied with all of its obligations under this Agreement in all material respects at or prior to the Closing Date, and Buyer shall have received a certificate, dated the Closing Date, signed on behalf of Company by the Chief Financial Officer and Chief Operating Executive Officer of Company to such that effect.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Independent Bank Corp), Agreement and Plan of Merger (Independent Bank Corp)

Performance of Obligations of Company. Company shall have performed and complied with all of its obligations under this Agreement in all material respects the obligations, covenants and agreements required to be performed by it under this Agreement at or prior to the Closing Date, and Buyer the Parent Parties shall have received a certificate, certificate dated as of the Closing Date, Date and signed on behalf of Company by the Chief Executive Officer or the Chief Financial Officer and Chief Operating Officer of Company to such effect.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (HomeStreet, Inc.), Agreement and Plan of Merger (Firstsun Capital Bancorp)

Performance of Obligations of Company. Company shall have performed and or complied with all of its obligations under this Agreement in all material respects with all agreements and covenants required to be performed by it under this Agreement at or prior to the Closing Date, and Buyer . Purchaser shall have received a certificate, dated the Closing Date, signed on behalf certificate of Company by the Chief Financial Officer and Chief Operating Officer an executive officer of Company to such effect.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Wellpoint, Inc), Agreement and Plan of Merger (Amerigroup Corp)

Performance of Obligations of Company. The Company shall ------------------------------------- have performed and complied with all of its obligations under this Agreement in all material respects at or all agreements and covenants required to be performed by it under this Agreement prior to the Closing Date, and Buyer . Such Purchaser shall have received a certificate, dated the Closing Date, certificate signed on behalf of the Company by the Chief Executive Officer and the Chief Financial Officer and Chief Operating Officer of the Company to such effect.

Appears in 2 contracts

Samples: Purchase Agreement (Mikohn Gaming Corp), Purchase Agreement (Mikohn Gaming Corp)

Performance of Obligations of Company. Company and Company Bank shall have performed and complied with all of its their respective obligations under this Agreement in all material respects at or prior to the Closing Date, and Buyer shall have 72 received a certificate, dated the Closing Date, signed on behalf of Company by the Company’s Chief Executive Officer and Chief Financial Officer and Chief Operating Officer signed on behalf of Company Bank by the Chief Executive Officer, Chief Financial Officer and the President of Company Bank, to such effect.

Appears in 1 contract

Samples: Agreement and Plan of Merger (C1 Financial, Inc.)

Performance of Obligations of Company. Company shall have performed and complied with all of its obligations under this Agreement in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, ; and Buyer shall have received a certificate, dated the Closing Date, certificate signed on behalf of Company by the Chief Financial Officer chief executive officer and Chief Operating Officer the chief financial officer of Company to such effect.

Appears in 1 contract

Samples: Stock Purchase Agreement (Murray United Development Corp)

Performance of Obligations of Company. The Company shall have performed and complied with all of its obligations under this Agreement in all material respects at or all agreements and covenants required to be performed by it under this Agreement prior to the Closing Date, and Buyer . The Purchaser shall have received a certificate, dated the Closing Date, certificate signed on behalf of the Company by the Chief Executive Officer and the Chief Financial Officer and Chief Operating Officer of the Company to such effect.

Appears in 1 contract

Samples: Series a Perpetual Preferred Stock Purchase Agreement (Ihop Corp)

Performance of Obligations of Company. Company and Company Bank shall have performed and complied with all of its their respective obligations under this Agreement in all material respects at or prior to the Closing Date, and Buyer shall have received a certificate, dated the Closing Date, signed on behalf of Company by the Company’s Chief Executive Officer and Chief Financial Officer and Chief Operating Officer signed on behalf of Company Bank by the Chief Executive Officer and Chief Financial Officer, or equivalent officer performing the duties of a chief financial officer, to such effect.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Bank of the Ozarks Inc)

Performance of Obligations of Company. The Company shall have performed and complied with all of its obligations under this Agreement in all material respects at or all agreements and covenants required to be performed by it under this Agreement prior to the Closing Date, and Buyer . Such Purchaser shall have received a certificate, dated the Closing Date, certificate signed on behalf of the Company by the Chief Executive Officer and the Chief Financial Officer and Chief Operating Officer of the Company to such effect.

Appears in 1 contract

Samples: Purchase Agreement (Click2learn Com Inc)

Performance of Obligations of Company. The Company shall have performed and complied with all of its obligations under this Agreement in all material respects at or all agreements and covenants required to be performed by it under this Agreement prior to the Closing Date, and Buyer . The Purchasers shall have received a certificate, dated the Closing Date, certificate signed on behalf of the Company by the Chief Executive Officer and the Chief Financial Officer and Chief Operating Officer of the Company to such effect.

Appears in 1 contract

Samples: Registration Rights Agreement (Ihop Corp)

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Performance of Obligations of Company. Company and Company Bank shall have performed and complied with all of its their respective obligations under this Agreement in all material respects to be performed at or prior to the Closing DateDate in all material respects, and Buyer shall have received a certificate, dated the Closing Date, signed on behalf of Company by the Chief Financial Officer Company’s President and Secretary and signed on behalf of Company Bank by its President and Executive Vice President & Chief Operating Officer of Company to such effect.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Eagle Bancorp Montana, Inc.)

Performance of Obligations of Company. Company shall have performed and complied with all of its obligations under this Agreement in all material respects at or prior to the Closing Date, except where the failure of the performance of, or compliance with, such obligation has not had and Buyer does not have a Material Adverse Effect on Company and Purchaser shall have received a certificate, dated the Closing Date, signed on behalf of Company by the Company’s Chief Financial Executive Officer and Chief Operating Officer of Company Financial Officer, to such effect.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Seacoast Banking Corp of Florida)

Performance of Obligations of Company. Company and Company Bank shall have performed and complied with all of its their respective obligations under this Agreement in all material respects at or prior to the Closing Date, and Buyer Parent shall have received a certificate, dated the Closing Date, signed on behalf of Company by the Company’s Chief Executive Officer and Chief Financial Officer and Chief Operating Officer on behalf of Company Bank by its Chief Executive Officer and Chief Financial Officer, to such effect.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Enterprise Financial Services Corp)

Performance of Obligations of Company. Company shall have performed and complied with all of its obligations under this Agreement in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing DateEffective Time, and Buyer Acquiror shall have received a certificate, dated the Closing Date, signed on behalf of Company by the Chief Financial Executive Officer and the Chief Operating Financial Officer of Company to such effect.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Usb Holding Co Inc)

Performance of Obligations of Company. Company shall have performed and or complied with all of its obligations under this Agreement in all material respects with all agreements and covenants required to be performed by it under this Agreement at or prior to the Closing Date, and Buyer . Purchaser shall have received a certificate, dated the Closing Date, signed on behalf certificate of Company by the Chief Financial Officer and Chief Operating Officer an executive officer of Company to such effect.effect.‌

Appears in 1 contract

Samples: Agreement and Plan of Merger

Performance of Obligations of Company. Company and Company Bank shall have performed and complied with all of its their respective obligations under this Agreement in all material respects to be performed at or prior to the Closing DateDate in all material respects, and Buyer shall have received a certificate, dated the Closing Date, signed on behalf of Company by the Chief Financial Officer Company’s President and Chief Operating Officer Senior Vice President and signed on behalf of Company Bank by its President and Senior Vice President to such effect.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Eagle Bancorp Montana, Inc.)

Performance of Obligations of Company. Company shall have performed and complied with all of its obligations under this Agreement in all material respects the obligations, covenants and agreements required to be performed by it under this Agreement at or prior to the Closing Date, and Buyer shall have received a certificate, dated the Closing Date, certificate signed on behalf of Company by the Chief Financial Officer and Chief Operating Officer chief executive officer or the chief financial officer of Company to such effect.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Century Bancorp Inc)

Performance of Obligations of Company. Company and Company Bank shall have performed and complied with all of its their respective obligations under this Agreement in all material respects at or prior to the Closing Date, and Buyer Parent shall have received a certificate, dated the Closing Date, signed on behalf of Company by the Company's Chief Executive Officer and Chief Financial Officer and Chief Operating Officer on behalf of Company Bank by its Chief Executive Officer and Chief Financial Officer, to such effect.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Trinity Capital Corp)

Performance of Obligations of Company. Company and Company Bank shall have performed and complied with all of its their respective obligations under this Agreement in all material respects at or prior to the Closing Date, and Buyer shall have received a certificate, dated the Closing Date, signed on behalf of Company by the Company’s Chief Executive Officer and Chief Financial Officer and Chief Operating Officer signed on behalf of Company Bank by its Chief Executive Officer and Chief Financial Officer to such effect.

Appears in 1 contract

Samples: Voting Agreement (Sunshine Bancorp, Inc.)

Performance of Obligations of Company. Company shall have performed and complied with all of its obligations under this Agreement in all material respects at or prior to the Closing Date, and Buyer and Merger Sub shall have received a certificate, dated the Closing Date, signed on behalf of Company by the Chief Financial Officer and Chief Operating Officer of Company to such effect.

Appears in 1 contract

Samples: Settlement Agreement (Independent Bank Corp)

Performance of Obligations of Company. The Company shall have performed and or complied with all of its obligations under this Agreement in all material respects with all agreements and covenants required to be performed by it under this Agreement at or prior to the Closing Date. The Parent, Purchaser and Buyer Merger Sub shall have received a certificatecertificate of the chief executive officer and the chief financial officer of the Company, dated as of the Closing Date, signed on behalf of Company by the Chief Financial Officer and Chief Operating Officer of Company to such effect.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Stage Stores Inc)

Performance of Obligations of Company. Company shall have performed and complied with all of its obligations under this Agreement in all material respects at or prior to the Closing Date, and Buyer shall have received a certificate, dated the Closing Date, signed on behalf of Company by the Chief Financial Officer and Chief Operating Executive Officer of Company to such effect.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Independent Bank Corp)

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