Common use of THE COMPANY'S PERFORMANCE Clause in Contracts

THE COMPANY'S PERFORMANCE. (a) All of the covenants and obligations that the Company 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.

Appears in 5 contracts

Samples: Agreement and Plan (Infospace Com Inc), Simex Stock Purchase Agreement (Simex Technologies Inc), Asset Purchase Agreement (Morrison Health Care Inc)

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THE COMPANY'S PERFORMANCE. (a) All Each of the covenants and obligations that the Company 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.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Power 3 Medical Products Inc), Asset Purchase Agreement (Advanced Bio/Chem Inc), Asset Purchase Agreement (Power 3 Medical Products Inc)

THE COMPANY'S PERFORMANCE. (a) All Each of the covenants and obligations that the Company is required to perform or to comply with pursuant to this Agreement the Company's Closing Documents at or prior to the each Closing (considered collectively), and each of these covenants and obligations (considered individually), Date must have been duly performed and or complied with in all material respects.

Appears in 1 contract

Samples: Exchange Agreement (Applied Magnetics Corp)

THE COMPANY'S PERFORMANCE. (a) All Each of the covenants and obligations that the Company 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.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Tangoe Inc)

THE COMPANY'S PERFORMANCE. (a) All of the covenants and obligations that the Company 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 of the covenants and obligations in Section 5.4 must have been performed and complied with in all respects. 7.3

Appears in 1 contract

Samples: Agreement (Rational Software Corp)

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THE COMPANY'S PERFORMANCE. (a) All of the covenants and obligations that the Company 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.

Appears in 1 contract

Samples: Noncompetition Agreement (Dynamic Health Products Inc)

THE COMPANY'S PERFORMANCE. (a) All of the covenants and obligations that the Company is required to perform or to comply with pursuant to this Agreement at or prior to the First Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material Material respects.

Appears in 1 contract

Samples: Cooperation and Rights Agreement (Granite Construction Inc)

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