Common use of Shareholder’s Performance Clause in Contracts

Shareholder’s Performance. All of the covenants and obligations that Shareholder is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), have been duly performed and complied with in all material respects. Each document required to be delivered pursuant to this Agreement and such other documents as Buyer may reasonably request for the purpose of facilitating the consummation or performance of this Agreement.

Appears in 9 contracts

Samples: Stock Purchase Agreement (Aristocrat International Pty LTD), Stock Purchase Agreement (White Gehrig H), Stock Purchase Agreement (Pokertek Inc)

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Shareholder’s Performance. All of the covenants and obligations that Shareholder is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectivelyindividually and in the aggregate), and each of these covenants and obligations (considered individually), shall have been duly performed and complied with in all material respects. Each document required to be delivered pursuant to this Agreement and such other documents as Buyer may reasonably request for the purpose of facilitating the consummation or performance of this Agreement.

Appears in 3 contracts

Samples: Share Purchase Agreement (Ulticom, Inc), Share Purchase Agreement (Ulticom, Inc), Share Purchase Agreement (Ulticom, Inc)

Shareholder’s Performance. All of the covenants and obligations that the Shareholder is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), have been duly performed and complied with in all material respects. Each Shareholder shall have delivered each document required to be delivered pursuant to this Agreement and such other documents as Buyer may reasonably request for the purpose of facilitating the consummation or performance of this Agreement.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Pokertek Inc), Stock Purchase Agreement (Aristocrat International Pty LTD)

Shareholder’s Performance. (a) All of the covenants and obligations that Shareholder is Shareholders are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. . (b) Each document required to be delivered pursuant to this Agreement Section 2.8 must have been delivered, and such each of the other documents as Buyer may reasonably request for the purpose of facilitating the consummation or performance of this Agreementcovenants and obligations in Sections 5 must have been performed and complied with in all material respects.

Appears in 2 contracts

Samples: Merger Agreement (Packaged Ice Inc), Merger Agreement (Packaged Ice Inc)

Shareholder’s Performance. All of the The covenants and obligations that Shareholder is required to perform or to comply with pursuant to this Agreement at or prior to the before any Closing (considered collectively), and each of these covenants and obligations (considered individually), will have been duly performed and complied with in all material respects. Each document required to be delivered pursuant to this Agreement and such other documents as Buyer may reasonably request for the purpose of facilitating the consummation or performance of this Agreement.

Appears in 1 contract

Samples: Share Exchange and Acquisition Agreement (BMB Munai Inc)

Shareholder’s Performance. (a) All of the covenants and obligations that Shareholder is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. . (b) Each document required to be delivered pursuant to this Agreement Section 2.8 must have been delivered, and such each of the other documents as Buyer may reasonably request for the purpose of facilitating the consummation or performance of this Agreementcovenants and obligations in Sections 5 must have been performed and complied with in all material respects.

Appears in 1 contract

Samples: Merger Agreement (Packaged Ice Inc)

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Shareholder’s Performance. All of the covenants and obligations that Shareholder is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. Each document required to be delivered pursuant to this Agreement and such other documents as Buyer may reasonably request for the purpose of facilitating the consummation or performance of this Agreement.

Appears in 1 contract

Samples: Merger Agreement (Macatawa Bank Corp)

Shareholder’s Performance. All of the covenants and obligations that Shareholder is Shareholders are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), shall have been duly performed and complied with in all material respects. Each document required , and the Shareholders shall deliver to be delivered pursuant the Buyer a certificate dated as of the Closing Date to this Agreement and such other documents as Buyer may reasonably request for the purpose of facilitating the consummation or performance of this Agreementeffect.

Appears in 1 contract

Samples: Stock Purchase Agreement (MTC Technologies Inc)

Shareholder’s Performance. All of the covenants and obligations that Shareholder is Shareholders are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. Each document required to be delivered pursuant to this Agreement Section 7.6 must have been delivered, and such each of the other documents as Buyer may reasonably request for the purpose of facilitating the consummation or performance of this Agreementcovenants and obligations in Section 5.4 must have been complied with in all respects.

Appears in 1 contract

Samples: Merger Agreement (Imco Recycling Inc)

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