Performance of the Obligations of Buyer. Buyer shall have performed in all material respects all obligations required under this Agreement to be performed by it on or before the Closing Date (except with respect to the obligation to pay the Good Faith Deposit and the Purchase Price in accordance with the terms of this Agreement, which obligations shall be performed in all respects), and Seller shall have received a certificate, dated as 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 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 Good Faith Deposit and the Purchase Price Total Consideration in accordance with the terms of this AgreementAgreement and any obligations qualified by materiality, which obligations shall be performed in all respectsrespects as required under this Agreement), and Seller shall have received a certificate, dated as 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 (Tops PT, LLC), Asset Purchase Agreement (Penn Traffic Co), Asset Purchase Agreement (Penn Traffic Co)
Performance of the Obligations of Buyer. Buyer shall have performed and complied in all material respects with all obligations required under this Agreement 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 Good Faith Deposit and the Purchase Price in accordance with the terms of this Agreement, which obligations shall be performed in all respectsPrice), and Seller shall have received a certificate, dated as 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 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 to be performed by it on or before the Closing Date (except with respect to the obligation to pay the Good Faith Deposit Date, and the Purchase Price in accordance with the terms of this Agreement, which obligations shall be performed in all respects), and Seller Company shall have received a certificate, certificate dated as of the Closing Date and signed by a duly authorized officer representative of Buyer, solely in such capacity on behalf of Buyer, Buyer to 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 to be performed by it Buyer on or before the Closing Date (except with respect to the obligation to pay the Good Faith Deposit and the Purchase Price in accordance with the terms of this Agreement, which obligations shall be performed in all respects)Date, and Seller shall have received a certificate, certificate to that effect from Buyer dated as of the Closing Date and signed by a duly authorized officer of Buyer, solely in such capacity on behalf of Buyer, to that effectDate.
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Performance of the Obligations of Buyer. Buyer shall have performed in all material respects all obligations required under this Agreement to be performed by it on or before the Closing Date (except with respect to the obligation to pay the Good Faith Deposit and the Purchase Price in accordance with the terms of this Agreement, which obligations shall be performed in all respects), and Seller shall have received a certificate, dated as of the Closing Date and signed by a duly authorized officer of Buyer, solely in such capacity on behalf of Buyer, to that effectDate.
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 to be performed by it on or before the Closing Date (except with respect to the obligation to pay the Good Faith Deposit and the Purchase Price in accordance with the terms of this Agreement, which obligations obligation shall be performed in all respectsrespects as required under this Agreement), and Seller shall have received a certificate, dated as 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 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 to be performed by it on or before the Closing Date (except with respect to the obligation to pay the Good Faith Deposit and the Purchase Price in accordance with the terms of this Agreement, which obligations shall be performed in all respectsrespects as required under this Agreement), and Seller shall have received a certificate, dated as of the Closing Date and signed by a duly authorized officer of Buyer, solely in such capacity on behalf of Buyer, to that effect.
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Performance of the Obligations of Buyer. Buyer shall have performed in all material respects all obligations required under this Agreement to be performed by it on or before the Closing Date (except with respect to the obligation to pay the Good Faith Deposit and the Purchase Price in accordance with the terms of this Agreement, which obligations obligation shall be performed in all respectsrespects as required under this Agreement), and Seller Sellers shall have received a certificate, certificate dated as of the Closing Date and signed by the President or a duly authorized officer Vice President of Buyer, solely in such capacity on behalf of Buyer, Buyer to that effect.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Savvis Communications Corp), Asset Purchase Agreement (Cable & Wireless Public Limited Co)
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 Good Faith Deposit and the Purchase Price Total Consideration in accordance with the terms of this AgreementAgreement and any obligations qualified by materiality, which obligations shall be performed in all respectsrespects as required under this Agreement), and Seller shall have received a certificate, dated as of the Closing Date and signed by a duly authorized officer of Buyer, solely in such capacity on behalf of Buyer, to that effect.
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Performance of the Obligations of Buyer. Buyer shall have performed in all material respects all obligations required under this Agreement to be performed by it on or before the Closing Date (except with respect to the obligation to pay the Good Faith Deposit and the Purchase Price in accordance with the terms of this Agreement, which obligations obligation shall be performed in all respectsrespects as required under this Agreement), and Seller Sellers shall have received a certificate, certificate dated as of on the Closing Date and signed by a duly authorized officer of Buyerthe president, solely in such capacity on behalf or equivalent, of Buyer, to that effect.
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Performance of the Obligations of Buyer. Buyer shall have performed in all material respects all obligations required under this Agreement to be performed by it on at or before the Closing Date (except with respect to the obligation to pay the Good Faith Deposit and the Purchase Price in accordance with the terms of this Agreement, which obligations shall be performed in all respects), and Seller shall have received a certificate, dated as of the Closing Date and signed by a duly authorized officer of Buyer, solely in such capacity on behalf of Buyer, to that effectClosing.
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Performance of the Obligations of Buyer. Buyer shall have performed in all material respects all obligations required under this Agreement to be performed by it on or before the Closing Date (except with respect to the obligation to pay the Good Faith Deposit and the Purchase Price in accordance with the terms of this Agreement, which obligations obligation shall be performed in all respectsrespects as required under this Agreement), and Seller shall have received a certificate, certificate dated as of the Closing Date and signed by the President or a duly authorized officer Vice President of Buyer, solely in such capacity on behalf of Buyer, Buyer to that effect.
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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 Good Faith Deposit and the Purchase Price Total Consideration in accordance with the terms of this AgreementAgreement and any obligations qualified by materiality, which obligations shall be performed in all respectsrespects as required under this Agreement), and Seller shall have received a certificate, dated as of the Closing Date and signed by a duly authorized officer of Buyer, solely in such capacity on behalf of Buyer, to that effect.
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Performance of the Obligations of Buyer. Buyer shall have performed in all material respects all obligations required under this Agreement to be performed by it on or before the Closing Date (except with respect to the obligation to pay the Good Faith Deposit and the Purchase Price in accordance with the terms of this Agreement, which obligations shall be obligation has been performed in all respectsrespects as required under this Agreement), and Seller shall have received on the Closing Date a certificate, certificate in the form attached hereto as Exhibit B-10 dated as of the Closing Date and signed by a duly authorized officer signatory of Buyer, solely in such capacity on behalf of Buyer, 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 to be performed by it on or before the Closing Date (except with respect to the obligation to pay the Good Faith Deposit and the Purchase Price in accordance with the terms of this Agreement, which obligations obligation shall be performed in all respectsrespects as required under this Agreement), and Seller Sellers shall have received at the Closing a certificate, certificate dated as of the Closing Date and signed by the President or a duly authorized officer Vice President (or equivalent officer) of Buyer, solely in such capacity on behalf of Buyer, Buyer to that effect.
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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 to be performed by it on or before the Closing Date (except with respect to the obligation to pay the Good Faith Deposit and the Purchase Price in accordance with the terms of this Agreement, which obligations shall be performed in all respects), and Seller shall have received a certificate, dated as of the Closing Date and signed by a duly authorized officer of Buyer, solely in such capacity on behalf of Buyer, to that effectDate. Section 9.03.
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