Common use of Performance of the Obligations of Buyer Clause in Contracts

Performance of the Obligations of Buyer. Buyer shall have performed in all material respects all obligations required under this Agreement which are to be performed by it on or before the Closing Date (except with respect to the obligation to pay the Total Consideration in accordance with the terms of this Agreement and any obligations qualified by materiality, which obligations shall be performed in all respects as required under this Agreement).

Appears in 4 contracts

Samples: Asset Purchase Agreement (Tops PT, LLC), Asset Purchase Agreement (Penn Traffic Co), Asset Purchase Agreement (Penn Traffic Co)

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Performance of the Obligations of Buyer. Buyer shall have performed in all material respects all obligations required under this Agreement which are to be performed by it on or before the Closing Date (except with respect to the obligation to pay the Total Consideration Good Faith Deposit and the Purchase Price in accordance with the terms of this Agreement and any obligations qualified by materialityAgreement, which obligations shall be performed in all respects respects), and Seller shall have received a certificate, dated as required under this Agreement)of the Closing Date and signed by a duly authorized officer of Buyer, solely in such capacity on behalf of Buyer, to that effect.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Clarus Corp), Asset Purchase Agreement (Sturm Ruger & Co Inc), Asset Purchase Agreement

Performance of the Obligations of Buyer. Buyer shall have performed and complied in all material respects with all obligations required under this Agreement which are to be performed by it Buyer on or before the Closing Date (except with respect to obligations which Buyer is to perform as of the Closing under this Agreement (including, without limitation, the obligation to pay the Total Consideration in accordance with the terms of this Agreement and any obligations qualified by materiality, which obligations shall be performed in all respects as required under this AgreementPurchase Price)).

Appears in 3 contracts

Samples: Asset Purchase Agreement (Sito Mobile, Ltd.), Asset Purchase Agreement (Seneca Foods Corp), Asset Purchase Agreement (Hipcricket, Inc.)

Performance of the Obligations of Buyer. Buyer shall have performed in all material respects all obligations required under this Agreement which are to be performed by it on or before the Closing Date, and the Company shall have received a certificate dated the Closing Date (except with respect and signed by a duly authorized representative of Buyer to the obligation to pay the Total Consideration in accordance with the terms of this Agreement and any obligations qualified by materiality, which obligations shall be performed in all respects as required under this Agreement)that effect.

Appears in 3 contracts

Samples: Stock Purchase Agreement (HII Technologies, Inc.), Securities Purchase Agreement (HII Technologies, Inc.), Securities Purchase Agreement (HII Technologies, Inc.)

Performance of the Obligations of Buyer. Buyer shall have performed in all material respects all obligations required under this Agreement which are to be performed by it on or before the Closing Date (except with respect to the obligation to pay the Total Consideration Deposit and the Purchase Price in accordance with the terms of this Agreement and any obligations qualified by materialityAgreement, which obligations shall be performed in all respects as required under this Agreement).

Appears in 2 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement

Performance of the Obligations of Buyer. Buyer shall have performed or complied in all material respects with all obligations required under this Agreement which are to be performed by it on or before the Closing Date (except with respect to the obligation to pay the Total Consideration Purchase Price in accordance with the terms of this Agreement and any obligations qualified by materialityAgreement, which obligations obligation shall be performed in all respects as required under this Agreement), and Sellers shall have received a certificate dated the Closing Date and signed by the President of Buyer, to that effect.

Appears in 2 contracts

Samples: Asset Purchase Agreement (International Steel Group Inc), Asset Purchase Agreement (LTV Corp)

Performance of the Obligations of Buyer. Buyer shall have performed in all material respects all obligations required under this Agreement which are to be performed by it on or before the Closing Date (except with respect to the obligation to pay the Total Consideration Purchase Price in accordance with the terms of this Agreement and any obligations qualified by materialityAgreement, which obligations obligation shall be performed in all respects as required under this Agreement), and Sellers shall have received a certificate dated the Closing Date and signed by the President or a Vice President of Buyer to that effect.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Cable & Wireless Public Limited Co), Asset Purchase Agreement (Savvis Communications Corp)

Performance of the Obligations of Buyer. Buyer shall have performed in all material respects all obligations required under this Agreement which are to be performed by it on or before the Closing Date (except with respect to the obligation to pay the Total Consideration in accordance with the terms of this Agreement and any obligations qualified by materiality, which obligations shall be performed in all respects as required under this Agreement)Date.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Mullen Automotive Inc.), Asset Purchase Agreement (Wave Systems Corp)

Performance of the Obligations of Buyer. Buyer shall have performed in all material respects all obligations required under this Agreement which are to be performed by it on or before the Closing Date (except with respect to the obligation to pay the Total Consideration Purchase Price in accordance with the terms of this Agreement and any obligations qualified by materialityAgreement, which obligations obligation shall be performed in all respects as required under this Agreement).

Appears in 2 contracts

Samples: Asset Purchase Agreement (Ediets Com Inc), Asset Purchase Agreement

Performance of the Obligations of Buyer. Buyer shall have performed in all material respects all obligations required under this Agreement which are to be performed by it Buyer on or before the Closing Date (except with respect Date, and Seller shall have received a certificate to that effect from Buyer dated the obligation to pay the Total Consideration in accordance with the terms of this Agreement and any obligations qualified by materiality, which obligations shall be performed in all respects as required under this Agreement)Closing Date.

Appears in 2 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement

Performance of the Obligations of Buyer. Buyer (or its permitted designee) shall have performed in all material respects all obligations required under this Agreement which are to be performed by it on or before the Closing Date, and Seller shall have received a certificate to that effect dated the Closing Date (except with respect to the obligation to pay the Total Consideration in accordance with the terms and signed by an officer of this Agreement and any obligations qualified by materiality, which obligations shall be performed in all respects as required under this Agreement)Buyer.

Appears in 1 contract

Samples: Share Purchase Agreement (Colony Capital, Inc.)

Performance of the Obligations of Buyer. Buyer shall have performed in all material respects all obligations required under this Agreement which are to be performed by it on or before the Closing Date (except with respect to the obligation to pay the Total Consideration Purchase Price in accordance with the terms of this Agreement and any obligations qualified by materialityAgreement, which obligations shall be obligation has been performed in all respects as required under this Agreement), and Seller shall have received on the Closing Date a certificate in the form attached hereto as Exhibit B-10 dated the Closing Date and signed by a duly authorized signatory of Buyer to that effect.

Appears in 1 contract

Samples: Asset Purchase Agreement (Magellan Midstream Partners Lp)

Performance of the Obligations of Buyer. Buyer shall have performed in all material respects all obligations required under this Agreement which are to be performed by it Buyer on or before the Closing Date (except with respect Date, and the Seller and the Municipality shall have received a certificate to that effect from Buyer dated the obligation to pay the Total Consideration in accordance with the terms of this Agreement and any obligations qualified by materiality, which obligations shall be performed in all respects as required under this Agreement)Closing Date.

Appears in 1 contract

Samples: Asset Purchase Agreement

Performance of the Obligations of Buyer. Buyer shall have performed in all material respects all obligations required under this Agreement which are to be performed by it on or before the Closing Date (except with respect to the obligation to pay the Total Consideration Purchase Price in accordance with the terms of this Agreement and any obligations qualified by materialityAgreement, which obligations obligation shall be performed in all respects as required under this Agreement), and Sellers shall have received a certificate dated on the Closing Date and signed by the president, or equivalent, of Buyer, to that effect.

Appears in 1 contract

Samples: Asset Purchase Agreement (Hampshire Group LTD)

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Performance of the Obligations of Buyer. Buyer shall have performed in all material respects all of its obligations required under this Agreement which are to be performed by it on or before the Closing Date (except with respect to the obligation to pay the Total Consideration in accordance with the terms of this Agreement and any obligations qualified by materiality, which obligations shall be performed in all respects as required under this Agreement)Date. Section 9.03.

Appears in 1 contract

Samples: Asset Purchase Agreement (Iteris, Inc.)

Performance of the Obligations of Buyer. Buyer shall have performed in all material respects all obligations required under this Agreement which are to be performed by it on or before the Closing Date (except with respect to the obligation to pay the Total Consideration Purchase Price in accordance with the terms of this Agreement and any obligations qualified by materialityAgreement, which obligations obligation shall be performed in all respects as required under this Agreement), and Seller shall have received a certificate dated the Closing Date and signed by the President or a Vice President of Buyer to that effect.

Appears in 1 contract

Samples: Asset Purchase Agreement (Toledo Edison Co)

Performance of the Obligations of Buyer. Buyer (or its permitted designee) shall have performed in all material respects its covenants in this Agreement and all obligations required under this Agreement which are to be performed or complied with by it on or before prior to the Closing Date; and Buyer will have delivered to Sellers a certificate to that effect dated as of the Closing Date (except with respect to the obligation to pay the Total Consideration in accordance with the terms and executed by a duly authorized representative of this Agreement and any obligations qualified by materiality, which obligations shall be performed in all respects as required under this Agreement)Buyer.

Appears in 1 contract

Samples: Purchase Agreement (Colony Capital, Inc.)

Performance of the Obligations of Buyer. Buyer shall have performed in all material respects all obligations required under this Agreement to which it is party which are to be performed by it on or before the Closing Date (except with respect to the obligation to pay the Total Consideration in accordance with the terms of this Agreement and any obligations qualified by materiality, which obligations shall be performed in all respects as required under this Agreement).

Appears in 1 contract

Samples: Asset Purchase Agreement (Angiodynamics Inc)

Performance of the Obligations of Buyer. Buyer shall have performed in all material respects all obligations required under this Agreement which are to be performed by it on or before the Closing Date (except with respect to the obligation to pay the Total Consideration Purchase Price in accordance with the terms of this Agreement and any obligations qualified by materialityAgreement, which obligations obligation shall be performed in all respects as required under this Agreement), and Sellers shall have received at the Closing a certificate dated the Closing Date and signed by the President or a Vice President (or equivalent officer) of Buyer to that effect.

Appears in 1 contract

Samples: Asset Purchase Agreement (WorldSpace, Inc)

Performance of the Obligations of Buyer. Buyer shall have performed in all material respects all obligations required under this Agreement or any Ancillary Agreement to which it is party which are to be performed by it on or before the Closing Date (except with respect to the obligation to pay the Total Consideration in accordance with the terms of this Agreement and any obligations qualified by materiality, which obligations shall be performed in all respects as required under this Agreement).

Appears in 1 contract

Samples: Asset Purchase Agreement (Weirton Steel Corp)

Performance of the Obligations of Buyer. ‌‌ Buyer shall must have performed in all material respects all obligations required under this Agreement which are to be performed by it Buyer on or before the Closing Date (except with respect Date, and Seller must have received a certificate to that effect from Buyer dated the obligation to pay the Total Consideration in accordance with the terms of this Agreement and any obligations qualified by materiality, which obligations shall be performed in all respects as required under this Agreement)Closing Date.

Appears in 1 contract

Samples: Sanitary Sewer Asset Purchase Agreement

Performance of the Obligations of Buyer. Buyer shall have performed in all material respects all obligations required under this Agreement which are to be performed by it Buyer on or before the Closing Date (except with respect Date, and the Seller shall have received a certificate to that effect from Buyer dated the obligation to pay the Total Consideration in accordance with the terms of this Agreement and any obligations qualified by materiality, which obligations shall be performed in all respects as required under this Agreement)Closing Date.

Appears in 1 contract

Samples: Asset Purchase Agreement

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