Seller's Due Performance. All of the representations and warranties of Seller set forth in this Agreement shall be true, correct and complete in all material respects as of the Closing Date, and Seller, on or prior to the Closing Date, shall have complied with and/or performed all of the obligations, covenants and agreements required on the part of Seller to be complied with or performed pursuant to the terms of this Agreement.
Seller's Due Performance. All of the representations and warranties of Seller set forth herein shall be true and correct as of the Closing Date, and Seller, on or prior to the Closing Date, shall have complied with and/or performed all of the obligations, covenants and agreements required on the part of Seller to be complied with or performed pursuant to the terms of this Agreement, including, without limitation, the deliveries required to be made by Seller pursuant to Section 6.2 hereof. On the Closing Date, Seller shall deliver a certificate, in the form of Exhibit "G" attached hereto (the "Seller's Certificate"), to Buyer certifying that (i) all of the representations, covenants and warranties of Seller made in or pursuant to this Agreement are true, accurate, correct and complete as of the Closing, and (ii) all conditions to the Closing that Seller was to satisfy or perform have been satisfied and performed.
Seller's Due Performance. All of the representations and warranties of Seller set forth in this Agreement shall be true, correct and complete in all material respects as of the Closing Date, and Seller, on or prior to the Closing Date, shall have complied with and/or performed all of the obligations, covenants and agreements required on the part of Seller to be complied with or performed pursuant to the terms of this Agreement. On the Closing Date, Seller shall deliver a certificate, in the form of EXHIBIT "F" attached hereto (the "SELLER'S CERTIFICATE").
Seller's Due Performance. Subject to Exceptions Matters, all of the representations and warranties of Seller set forth in Section 4 shall be true and correct in all material respects as of the Closing Date, and Seller, on or prior to the Closing Date, shall have complied with in all material respects and/or performed in all material respects all of the obligations, covenants and agreements required on the part of Seller to be complied with or performed pursuant to the terms of this Agreement, including, without limitation, the deliveries required to be made by Seller pursuant to Sections 9.1 and 9.3 hereof.
Seller's Due Performance. (a) The representations and warranties of Seller set forth in Sections 6.1 and 6.2 and the representations and warranties of New Property Owner set forth in Section 6.3 shall be true and correct in all material respects as of the Closing Date, (b) all of the other representations and warranties of Seller set forth in this Contract shall be true and correct in all respects as of the Closing Date, except in the case of this clause (b), where the failure of such representation or warranty to be so true and correct has not had and would not reasonably be expected to have, individually or in the aggregate, a Seller Material Adverse Effect and (c) Seller, on or prior to the Closing Date, shall have complied with and/or performed in all material respects all of the obligations, covenants and agreements required on the part of Seller to be complied with or performed as of such date pursuant to the terms of this Contract.
Seller's Due Performance. All of the representations and warranties of Seller set forth in Section 11 shall be true and correct as of the Closing Date, and Seller, on or prior to the Closing Date, shall have complied with and/or substantially performed all of the obligations, covenants and agreements required on the part of Seller to be complied with or performed pursuant to the terms of this Agreement, including, without limitation, the deliveries required to be made by Seller pursuant to Sections 10(d), 10(f) and 10(j) hereof. Buyer shall use its best efforts to provide Seller with adequate advance written notice of any anticipated delivery failure prior to any such failure amounting to a failure of the condition precedent set forth herein.
Seller's Due Performance. All of the representations and warranties of Seller set forth in Sections 4 and 14 and shall be true and correct as of the Closing Date, and Seller, on or prior to the Closing Date, shall have complied with and/or [500 Xxxxxxx Xxxxxx] 00 (X) Xxxxxxxxxx Xxxx Xxxxxx Equities, Inc. 1999 performed all of the obligations, covenants and agreements required on the part of Seller to be complied with or performed pursuant to the terms of this Agreement, including, without limitation, the deliveries required to be made by Seller pursuant to Sections 9.1 and 9.3 hereof.
Seller's Due Performance. Seller, on or prior to the Closing Date, shall have complied with and/or substantially performed all of the obligations, covenants and agreements required on the part of Seller to be complied with or performed pursuant to the terms of this Agreement and Seller shall not be in material default of any of Seller’s obligations, warranties, representations or covenants under this Agreement. Buyer shall use its best efforts to provide Seller with adequate advance written notice of any anticipated delivery failure prior to any such failure amounting to a failure of the condition precedent set forth herein.
Seller's Due Performance. All of the representations and warranties of Seller set forth in Section 7 hereof shall have been true and correct in all material respects as of the Execution Date; as of the Closing Date, there shall be no Change in any of the representations and warranties of Seller set forth in Section 7 hereof; and Seller, on or prior to the Closing Date, shall have complied with or performed all of the obligations, covenants and agreements required on the part of Seller to be complied with or performed pursuant to the terms of this Agreement (subject to the last sentence of Section 10.2 hereof).
Seller's Due Performance. All of the representations and warranties of Seller set forth in this Agreement shall be true and correct in all material respects as of the Effective Date and the Close of Escrow.
