Performance of Obligations of the Buyer. The Buyer (and/or its appropriate Subsidiaries) will have performed in all material respects its agreements and covenants contained in or contemplated by this Agreement which are required to be performed by it at or prior to the Closing Date.
Performance of Obligations of the Buyer. The Buyer shall have performed in all material respects its obligations required to be performed by it under this Agreement prior to or as of the Closing Date and the Seller shall have received a certificate signed by the Chief Executive Officer of the Buyer to that effect.
Performance of Obligations of the Buyer. The Buyer will have each performed in all material respects all obligations required to be performed by it under this Agreement or the Transaction Documents at or prior to the Closing Date.
Performance of Obligations of the Buyer. The Buyer shall have --------------------------------------- performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and the Seller shall have received a certificate signed on behalf of the Buyer by a duly authorized officer of the Buyer to such effect.
Performance of Obligations of the Buyer. The Buyer shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date, and the Seller shall have received a certificate signed by the Chief Executive Officer or President and the Chief Financial Officer to such effect; provided that Sections 5.3 and 6.10 shall not be deemed breached unless such breach was willful and material.
Performance of Obligations of the Buyer. The Buyer shall have performed all obligations required to be performed by it under this Agreement, and complied with all covenants for which compliance by it is required under this Agreement, prior to or at the Closing, including, without limitation, payment of the cash portion of the Purchase Price and delivery of the Preferred Stock to the Seller and the Escrow Agent, all pursuant to Section 1.2(b) hereof.
Performance of Obligations of the Buyer. The Buyer shall have performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Effective Time, and the Company shall have received a certificate, dated the Effective Date, signed on behalf of the Buyer by any Vice Chairman of the Buyer, to such effect.
Performance of Obligations of the Buyer. Each of the Buyer and Merger Sub has performed in all material respects all obligations required to be performed by it under this Agreement at or prior to the Closing Date.
Performance of Obligations of the Buyer. Parent and the Buyer shall have performed in all material respects their respective obligations and covenants required to be performed by them under this Agreement prior to or as of the Closing Date, and the Seller shall have received a certificate signed by an authorized officer of Parent and the Buyer to that effect.
Performance of Obligations of the Buyer. The Buyer will have performed in all material respects all agreements and covenants required to be performed by it under this Agreement prior to the Closing Date, and Xyz will have received a certificate signed on behalf of the Buyer by officers of the Buyer to such effect.
