Common use of Seller’s Performance Clause in Contracts

Seller’s Performance. Seller shall have performed all of its obligations and covenants under this Agreement that are to be performed prior to or at Closing.

Appears in 16 contracts

Samples: Purchase and Sale Agreement (Summit Healthcare REIT, Inc), Purchase and Sale Agreement (Summit Healthcare REIT, Inc), Purchase and Sale Agreement (Summit Healthcare REIT, Inc)

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Seller’s Performance. Seller shall have performed all of its covenants and obligations and covenants under complied with all conditions required by this Agreement that are to be performed prior to or at Closingcomplied with by Seller on or before the Closing Date.

Appears in 7 contracts

Samples: Real Estate Purchase and Sale Agreement (LMP Automotive Holdings, Inc.), Real Estate Purchase and Sale Agreement (LMP Automotive Holdings, Inc.), Purchase and Sale Agreement (Ashcroft Homes Corp)

Seller’s Performance. Seller shall have performed all of its obligations and covenants under this Agreement that which by the terms of this Agreement are required to be performed by Seller as of or prior to or at Closingthe Closing Date.

Appears in 5 contracts

Samples: Purchase and Sale Agreement (Emeritus Corp\wa\), Purchase and Sale Agreement (Emeritus Corp\wa\), Purchase and Sale Agreement (Emeritus Corp\wa\)

Seller’s Performance. Seller shall have performed all of its covenants and obligations and covenants under required by this Agreement that are to be performed prior to or at Closingdelivered by it on or before the Closing Date.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Cole Credit Property Trust V, Inc.), Purchase and Sale Agreement (American Realty Capital Trust V, Inc.), Purchase and Sale Agreement (New York Times Co)

Seller’s Performance. Seller shall have performed in all of its material respects all covenants and obligations and covenants under required by this Agreement that are to be performed prior to by it on or at Closingbefore the Closing Date.

Appears in 3 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Industrial Property Trust Inc.), Purchase and Sale Agreement (Verisign Inc/Ca)

Seller’s Performance. Seller shall have performed in all of its obligations material respects all covenants and covenants under agreements, and delivered all documents, required by this Agreement that are to be performed prior to or at Closingdelivered by it on or before the Closing Date.

Appears in 2 contracts

Samples: Hotel Purchase and Sale Agreement (Apple Hospitality Two Inc), Hotel Purchase and Sale Agreement (Apple Hospitality Five Inc)

Seller’s Performance. Seller Sellers shall have performed all of its their obligations and covenants under this Agreement that are to be performed prior to or at Closing, including but not limited to, Sellers’ delivery of all of Sellers’ Closing Documents.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Diversicare Healthcare Services, Inc.), Asset Purchase Agreement (Diversicare Healthcare Services, Inc.)

Seller’s Performance. Seller Sellers shall have performed and complied with all of its obligations covenants and covenants under agreements required by this Agreement that are to be performed prior to or at Closingcomplied with by Sellers on or before the Closing Date.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Cano Petroleum, Inc), Stock Purchase and Sale Agreement (Terax Energy, Inc.)

Seller’s Performance. Seller shall have complied with and performed all of its obligations and covenants under set forth in this Agreement that are to be performed prior to or at ClosingAgreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Patriot Transportation Holding Inc), Purchase and Sale Agreement (Patriot Transportation Holding Inc)

Seller’s Performance. The Seller shall have performed all of its obligations pre-Closing covenants and covenants under this Agreement that are agreements required to be performed by it as set forth herein prior to or at Closing.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Time America Inc), Asset Purchase Agreement (Time America Inc)

Seller’s Performance. Seller shall have performed all of its obligations and covenants under this Agreement that are to be performed prior to or at Closing, including, without limitation, its delivery of all of Seller’s Closing Deliveries.

Appears in 1 contract

Samples: Asset Purchase Agreement (Adcare Health Systems, Inc)

Seller’s Performance. Seller shall have performed and complied with all of its obligations the agreements, covenants, and covenants under conditions required of Seller by this Agreement that are to be performed prior to on or at Closing.before the Closing Date;

Appears in 1 contract

Samples: Asset Purchase Agreement (Chapeau Inc)

Seller’s Performance. Seller shall have has performed all of its covenants and obligations and covenants under required by this Agreement that are to be performed prior to by it on or at Closingbefore the Closing Date.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Costar Group Inc)

Seller’s Performance. Seller shall have performed in all material respects all of its obligations and covenants under this Agreement that are to be performed prior to or at Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Cornerstone Core Properties REIT, Inc.)

Seller’s Performance. Seller shall have performed performed, in all of material respects, its obligations and covenants under this Agreement that are to be performed prior to or at Closing, including, but not limited to, its delivery of all of Seller’s Closing Deliveries.

Appears in 1 contract

Samples: Asset Purchase Agreement (Global Healthcare Reit, Inc.)

Seller’s Performance. Seller shall have performed all of its obligations covenants, --------------------- agreements and covenants under delivered all documents required by this Agreement that are Contract to be performed prior to or at Closingdelivered by it on or before the Closing Date.

Appears in 1 contract

Samples: Sale Contract (Emeritus Corp\wa\)

Seller’s Performance. Seller shall have performed all of its obligations and covenants under this Agreement that are to be performed prior to or at Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Sun Healthcare Group Inc)

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Seller’s Performance. Seller Sellers shall have performed all of its obligations covenants, agreements and covenants under delivered all documents required by this Agreement that are to be performed prior to or at Closingdelivered by them on or before the Closing Date.

Appears in 1 contract

Samples: Purchase and Sale Agreement (CNL Retirement Properties Inc)

Seller’s Performance. As of Closing, Seller shall have duly performed all of its the covenants and obligations and covenants to be performed by Seller under this Agreement that are to be performed prior to or at Closingand delivered all documents, instruments and other items required hereunder.

Appears in 1 contract

Samples: Purchase Agreement (Maxus Realty Trust Inc)

Seller’s Performance. Seller shall have performed in all of its material respects all covenants and obligations and covenants under required by this Agreement that are to be performed prior to or at Closingdelivered by it on or before the Closing Date.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Select Income REIT)

Seller’s Performance. The Seller shall have performed all of its covenants and obligations and covenants under required by this Agreement that are to be performed prior to by it on or at Closingbefore the Closing Date.

Appears in 1 contract

Samples: Agreement of Sale (Northeast Community Bancorp Inc)

Seller’s Performance. Seller shall have performed all of its obligations covenants and covenants under agreements and delivered all documents required by this Agreement that are Contract to be performed prior to or at Closingdelivered by it on or before the Closing Date.

Appears in 1 contract

Samples: Sale Contract (Terreno Realty Corp)

Seller’s Performance. Seller shall have performed all of its obligations covenants and covenants under agreements required by this Agreement that are to be performed prior to by it on or at Closingbefore the Closing Date.

Appears in 1 contract

Samples: Purchase Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)

Seller’s Performance. Seller shall have performed in all of its obligations material respects all covenants, agreements and covenants under delivered all documents required by this Agreement that are to be performed prior to or at Closingdelivered by it on or before the Closing Date.

Appears in 1 contract

Samples: Sale Agreement (Wheeler Real Estate Investment Trust, Inc.)

Seller’s Performance. Seller shall have performed Seller’s performance of all of its material obligations and covenants under this Agreement that are to be performed prior to or at Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (CareTrust REIT, Inc.)

Seller’s Performance. Each Seller shall have performed all of its covenants, obligations and covenants under agreements contained in this Agreement that are to be performed prior to and complied with by such Seller on or at Closingbefore the Closing Date.

Appears in 1 contract

Samples: Redeemable Preferred Stock Redemption Agreement (Allovir, Inc.)

Seller’s Performance. Seller shall have performed and complied in all material respects with all of its covenants, agreements and obligations and covenants under this Agreement that are to be performed prior to or at Closinghereunder through the Closing Date.

Appears in 1 contract

Samples: Asset Purchase Agreement (Mdu Communications International Inc)

Seller’s Performance. Seller Sellers shall have performed all of its their obligations and covenants under this Agreement that are to be performed prior to or at Closing., including but not limited to, Sellers’ delivery of all of Sellers’ Closing Documents. (d.)

Appears in 1 contract

Samples: Asset Purchase Agreement

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