Common use of The Seller’s Performance Clause in Contracts

The Seller’s Performance. (a) Each 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 must have been duly performed and complied with in all material respects. (b) Seller must have delivered or caused to be delivered, each of the documents required to be delivered or caused to be delivered, by it pursuant to SECTION 3.2. (c) Seller shall have obtained all of the Consents.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Platinum Entertainment Inc), Purchase and Sale Agreement (K Tel International Inc)

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The Seller’s Performance. (a) Each of the covenants and obligations that the Seller is required to perform or to comply with pursuant to this Agreement and Seller’s Closing Documents at or prior to the Closing must have been duly performed and complied with in all material respects. (b) The Seller must have delivered or caused to be delivered, Buyer Seller’s Closing Documents and each of the documents and items required to be delivered or caused to be delivered, by it the Seller pursuant to SECTION 3.2. (c) Seller shall have obtained all Section 9.2, and each of the Consentsother covenants and obligations in Section 4.1 and Section 4.3 must have been performed and complied with in all respects.

Appears in 1 contract

Samples: Asset Purchase Agreement (Level20 Inc.)

The Seller’s Performance. (a) Each All of the covenants and obligations that the Seller is required to perform or to comply with pursuant to under this Agreement at on or prior to before the Closing Date (considered both collectively and individually) must have been duly performed and complied with in all material respects. (b) . In addition, the Seller must have delivered or caused to be delivered, delivered each of the documents required document that Section 2.6(a) requires it to be delivered or caused to be delivered, by it pursuant to SECTION 3.2deliver. (c) Seller shall have obtained all of the Consents.

Appears in 1 contract

Samples: Share Purchase Agreement (Trend Mining Co)

The Seller’s Performance. (a) Each 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 must have been duly performed and complied with in all material respects. (b) Seller must have delivered or caused to be delivered, each of the documents required to be delivered or caused to be delivered, by it pursuant to SECTION 3.2Section 4.2. (c) Seller shall have obtained all of the Consents.

Appears in 1 contract

Samples: Asset Purchase Agreement (Platinum Entertainment Inc)

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The Seller’s Performance. (a) Each All of the covenants and obligations that Seller is the Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing must shall have been duly performed and complied with in all material respects. (b) Seller must have delivered or caused to be delivered, each of the documents Each document required to be delivered or caused to be delivered, by it pursuant to SECTION 3.2. (cSection 2.5(a) Seller shall have obtained all of been delivered to the ConsentsPurchasers.

Appears in 1 contract

Samples: Business Purchase Agreement (Rockwood Holdings, Inc.)

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