Common use of Performance of Obligations of Company Clause in Contracts

Performance of Obligations of Company. Company shall have performed or complied with all agreements and covenants required to be performed by it under this Agreement at or prior to the Closing Date that are qualified as to materiality or Material Adverse Effect and shall have performed or complied in all material respects with all other obligations required to be performed by it under this Agreement at or prior to the Closing Date.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (CastlePoint Holdings, Ltd.), Agreement and Plan of Merger (CastlePoint Holdings, Ltd.), Agreement and Plan of Merger (Tower Group, Inc.)

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Performance of Obligations of Company. The Company shall have performed or complied with in all material respects all agreements and covenants required to be performed by it under this Agreement at or prior to the Closing Date that are qualified as to materiality or Material Adverse Effect and shall have performed or complied in all material respects with all other obligations required to be performed by it under this Agreement at or prior to the Closing Date.

Appears in 3 contracts

Samples: Purchase Agreement (American Apparel, Inc), Voting Agreement (American Apparel, Inc), Purchase Agreement (American Apparel, Inc)

Performance of Obligations of Company. The Company shall have performed or complied with all agreements and covenants required to be performed by it under this Agreement at or prior to the Closing Date that are qualified as to materiality or Material Adverse Effect and shall have performed or complied in all material respects with all other covenants, agreements and obligations required to be performed by it under this Agreement at or prior to the Closing DateClosing.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Invitae Corp), Agreement and Plan of Merger (Invitae Corp), Agreement and Plan of Merger (Cerecor Inc.)

Performance of Obligations of Company. Company shall have performed or complied with all agreements and covenants required to be performed by it under this Agreement at or prior to the Closing Date that are qualified as to materiality or Material Adverse Effect and shall have performed or complied in all material respects with all other obligations material agreements and covenants required to be performed by it under this Agreement at or prior to the Closing DateDate that are not so qualified, and Parent shall have received a certificate of an executive officer of Company to such effect.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Bruker Daltonics Inc), Agreement and Plan of Merger (Bruker Axs Inc)

Performance of Obligations of Company. Company shall have performed or and complied with with, in all agreements material respects, all obligations and covenants required to be performed and complied with by it Company under this Agreement at or prior to or at the Closing Date that are qualified as to materiality or Material Adverse Effect and shall have performed or complied in all material respects with all other obligations required to be performed by it under this Agreement at or prior to the Closing DateClosing.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Reliant Bancorp, Inc.), Agreement and Plan of Merger (United Community Banks Inc)

Performance of Obligations of Company. The Company shall have performed or complied in all material respects with all agreements the obligations and covenants required to be have been performed or complied with by it under this Agreement at or prior to the Closing Date that are qualified as to materiality or Material Adverse Effect and shall have performed or complied in all material respects with all other obligations required to be performed by it under this Agreement at or prior to the Closing DateClosing.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Freshworks Inc.)

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Performance of Obligations of Company. The Company shall have performed or and complied with in all agreements material respects all obligations and covenants required to be performed by it under this Agreement at or prior to the Closing Date that are qualified as to materiality or Material Adverse Effect and shall have performed or complied in all material respects with all other obligations required to be performed by it under this Agreement at on or prior to the Closing Date.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Inogen Inc)

Performance of Obligations of Company. The Company shall have performed or complied with all agreements and covenants required to be performed by it under this Agreement at or prior to the Closing Date that are qualified as to materiality or Material Adverse Effect and shall have performed or complied in all material respects with all other covenants, agreements and obligations required to be performed by it under this Agreement at or prior to the Closing DateClosing; provided, that, with respect to any such covenants agreements or obligations which are subject to materiality, Material Adverse Effect, substantial compliance or similar materiality qualifications, the Company shall have performed such covenants, agreements and obligations in all respects.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Invitae Corp)

Performance of Obligations of Company. The Company shall have performed or complied with all agreements and covenants required to be performed by it under this Agreement at or prior to the Closing Date that are qualified as to materiality or Material Adverse Effect and shall have performed or complied in all material respects with all other the covenants, agreements and obligations required to be performed by it under this Agreement at or prior to the Closing DateClosing; provided that, with respect to any such covenants, agreements or obligations which are subject to materiality, Material Adverse Effect, substantial compliance or similar materiality qualifications, the Company shall have performed such covenants, agreements and obligations in all respects.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Invitae Corp)

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