Common use of THE COMPANY'S PERFORMANCE Clause in Contracts

THE COMPANY'S PERFORMANCE. All of the covenants and obligations that the Company is required to perform or comply with pursuant to this Agreement prior to the Closing that contain an express materiality qualification must have been performed or complied with by the Company in all respects, and (b) all of the other covenants and obligations that the Company is required to perform or comply with pursuant to this Agreement prior to the Closing must have been performed or complied with by the Company in all material respects.

Appears in 1 contract

Samples: Stock Purchase Agreement (Universal Hospital Services Inc)

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THE COMPANY'S PERFORMANCE. All of the covenants and obligations that the Company is required to perform or comply with pursuant to this Agreement prior to the Closing that contain an express materiality qualification must have been performed on or complied with by the Company in all respects, and (b) all of the other covenants and obligations that the Company is required to perform or comply with pursuant to this Agreement prior to before the Closing must have been duly performed or and complied with by the Company in all material respects.

Appears in 1 contract

Samples: Notes Purchase Agreement (Marvel Enterprises Inc)

THE COMPANY'S PERFORMANCE. All Each of the covenants and obligations that the Company is required to perform or to comply with pursuant to this Agreement prior to the Closing that contain an express materiality qualification must have been performed at or complied with by the Company in all respects, and (b) all of the other covenants and obligations that the Company is required to perform or comply with pursuant to this Agreement prior to the Closing must have been duly performed or and complied with in all respects, including, without limitation, the delivery by Company to Buyer each of the documents and items required to be delivered by the Company in all material respects.pursuant this Agreement. AFS and IPtimize Confidential and Proprietary Distribute Only to Those Individuals With a Need to Know

Appears in 1 contract

Samples: Asset Purchase Agreement (Iptimize, Inc.)

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THE COMPANY'S PERFORMANCE. All Each of the covenants and obligations that the Company is required to perform or to comply with pursuant to this Agreement prior to the Closing that contain an express materiality qualification must have been performed at or complied with by the Company in all respects, and (b) all of the other covenants and obligations that the Company is required to perform or comply with pursuant to this Agreement prior to the Closing must have been duly performed or and complied with in all respects, including, without limitation, the delivery by Company to Buyer each of the documents and items required to be delivered by the Company in all material respectspursuant this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Iptimize, Inc.)

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