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. All of the covenants and obligations that Seller is required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have been duly performed and complied with in all material respects. Buyer shall have received a certificate to such effect, signed on behalf of Seller, by its obligations chief executive officer and covenants under this Agreement that are to be performed prior to or at Closingits chief financial officer.

Appears in 12 contracts

Samples: Stock and Asset Purchase Agreement, Stock and Asset Purchase Agreement (McClatchy Co), Stock and Asset Purchase Agreement (McClatchy Co)

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 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 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.), Severance Lease (New York Times Co)

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

Appears in 2 contracts

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

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

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

Appears in 2 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (Napster Inc)

Seller’s Performance. Each 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 such Seller as of or prior to or at Closingthe Closing Date.

Appears in 2 contracts

Samples: Purchase and Sale Agreement and Joint Escrow Instructions (Assisted Living Concepts Inc), Purchase and Sale Agreement (Emeritus Corp\wa\)

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 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 and complied with all of covenants, agreements and conditions on its obligations and covenants under part required by this Agreement that are to be performed or complied with by it prior to or at Closingas of the Effective Date.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Lingo Media Inc), Stock Purchase Agreement (Alphacom Corp)

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. 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 and complied in all of its obligations material respects with all agreements and covenants under on its part required by this Agreement that are to be performed or complied with prior to or at Closingthe Closing Date.

Appears in 1 contract

Samples: Asset Purchase Agreement (L 3 Communications Corp)

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 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. The Seller and the Owners shall have performed and complied in all of its obligations material respects with each and covenants under every covenant and agreement required by this Agreement that are to be performed prior to or at Closing.complied with by them before or on the Closing Date;

Appears in 1 contract

Samples: Asset Purchase Agreement (Metro Information Services 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.

Appears in 1 contract

Samples: Agreement (Sun Healthcare Group 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.)

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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: Dulles Town Center (National Rural Utilities Cooperative Finance Corp /Dc/)

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

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: Preferred Stock Redemption Agreement (Allovir, 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: Agreement of Purchase and Sale (Select Income REIT)

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. The Seller shall have performed all of its obligations and covenants required to be performed by it under this Agreement that are to be performed at or prior to or at the Closing, including without limitation the applicable covenants contained in Article V, in all material respects, and the Buyer shall have received a certificate signed by an officer of the Seller and dated the Closing Date to such effect.

Appears in 1 contract

Samples: Equity Purchase Agreement (CPM Holdings, 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 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 shall have performed all of its obligations and covenants under this Agreement that and the Addendum hereto 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 1 contract

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

Seller’s Performance. The Seller and the Owner shall have performed and complied in all of its obligations material respects with each and covenants under every covenant and agreement required by this Agreement that are to be performed prior to or at Closing.complied with by them before or on the Closing Date;

Appears in 1 contract

Samples: Asset Purchase Agreement (Metro Information Services Inc)

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.)

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