Common use of Seller's Due Performance Clause in Contracts

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.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Asset Investors Corp), Purchase and Sale Agreement (Asset Investors Corp), Purchase and Sale Agreement (Asset Investors Corp)

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Seller's Due Performance. All of the representations and warranties of Seller set forth in this Agreement Paragraph below shall be true, true and 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.

Appears in 2 contracts

Samples: Agreement of Sale (Balcor Realty Investors 83), Agreement of Sale (Balcor Realty Investors 84)

Seller's Due Performance. All of the representations and warranties of Seller set forth in this Agreement shall be true, true and 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 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 Agreement and the Development Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement

Seller's Due Performance. All of the representations and warranties of Seller set forth in this Agreement Section 4 shall be true, true and 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 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.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Scios Inc)

Seller's Due Performance. All of the representations and warranties of Seller set forth in this Agreement Section 4 shall be true, true and 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, including, without limitation, the deliveries required to be made by Seller pursuant to Sections 9.1 and 9.3 hereof.

Appears in 1 contract

Samples: Purchase Agreement (Arena Pharmaceuticals Inc)

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.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Saxton Inc)

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 material obligations, covenants and agreements required on the part of Seller to be complied with or performed pursuant to the terms of this Agreement, including the execution and delivery by Seller of all closing documents described in Section 5.3.

Appears in 1 contract

Samples: Lease Agreement

Seller's Due Performance. All of the representations and warranties of Seller set forth in this Agreement shall be true, correct 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 covenants, and agreements required on the part of Seller to be complied with or performed pursuant to the terms of this AgreementAgreement on or prior to the Closing.

Appears in 1 contract

Samples: Option Agreement

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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 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.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Morgans Hotel Group Co.)

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 Effective Date, and Seller, on or prior to the Closing Effective 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.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Northstar Realty)

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.

Appears in 1 contract

Samples: Purchase and Sale Agreement (T Reit Inc)

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 Effective Date, and Seller, on or prior to the Closing Effective 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 on or prior to the Effective Date, pursuant to the terms of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Northstar Realty)

Seller's Due Performance. All Subject to the terms of Section 10.4 hereof, all of the representations and warranties of Seller Sellers set forth in this Agreement shall be true, correct and complete in all material respects as of the Closing Date, and SellerSellers, 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 Sellers to be complied with or performed pursuant to the terms of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Apartment Investment & Management Co)

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