Performance by the Purchaser. The Purchaser shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Purchaser at or prior to the Initial Closing and as of each Settlement Date.
Performance by the Purchaser. All the terms, covenants, agreements and conditions of this Agreement to be complied with and performed by the Purchaser on or before the Closing shall have been complied with and performed in all material respects.
Performance by the Purchaser. The Parent agrees to cause the Purchaser to comply with its obligations hereunder and to cause the Purchaser to consummate the Transactions as contemplated herein.
Performance by the Purchaser. The Purchaser shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement and the Registration Rights Agreement to be performed, satisfied or complied with by it at or prior to the Series B Closing;
Performance by the Purchaser. On or before Closing Date, Purchaser shall have performed and complied with all agreements and conditions required by this Agreement.
Performance by the Purchaser. The Purchaser shall have performed and complied in all material respects with all agreements, covenants and conditions required by this Agreement to be performed and complied with by it prior to or on the Closing Date, and there shall be delivered to the Selling Shareholders a certificate to that effect, dated the Closing Date and signed in the manner set forth in Section 10.1, "Representations and Warranties Accurate."
Performance by the Purchaser. At the Closing, the Purchaser shall execute and shall deliver to the Seller the following:
Performance by the Purchaser. Purchaser shall be solely responsible for supervising the use of the equipment. Purchaser is responsible for whatever attendant personnel, signage, and other controls and cautions are required or desirable for safe operation of the equipment. Purchaser, not X’Xxxxx, assumes the responsibility to instruct and warn all persons including passengers, tenants, employees, and the general public in the proper use of Purchaser’s equipment and the risks involved in its use. Purchaser shall shut down the equipment immediately upon manifestation of any malfunction or irregularity in operations or appearance of the equipment and Purchaser shall keep the equipment shut down until X’Xxxxx has completed its work. Purchaser shall immediately notify X’Xxxxx and appropriate government authorities of any accidents and give X’Xxxxx written notice within 24 hours. Purchaser agrees to notify X’Xxxxx immediately in writing of environmental or safety hazards in the building. Purchaser agrees to pay any tax or permit required by law. Purchaser understands that nothing in this agreement shall be construed to mean that X’Xxxxx assumes any liability for injury or damages to persons or property except those directly caused by the acts or omissions of X’Xxxxx, and that Purchaser’s own liability, if any, for such injuries or damages is not affected by this agreement. X’Xxxxx shall not be liable for any damages caused by misuse of the equipment, fire or explosion whether originating in the equipment or not, electrical storms, extremes of heat and cold, flood, theft, acts of God, vandalism, strikes, lockouts, or other labor disputes of any kind, material shortages, acts of civil or military authorities, riot or insurrection, or any cause beyond X’Xxxxx’x control. In the event of delay due to any such cause X’Xxxxx’x performance will be postponed for the time period reasonably necessary to compensate for the delay. In no event shall X’Xxxxx be responsible for consequential damages. Purchaser agrees to notify X’Xxxxx in writing of any change in ownership, lessor, lessee, or management of the subject premises where the equipment is located at least 30 days prior to such changes. Failure to so notify shall not negate Purchaser’s obligation under this agreement. No assignment of this agreement shall be effective without the written consent by X’Xxxxx. Purchaser agrees that failure to make payments due under this contract within 60 days from the due date shall suspend X’Xxxxx’x obligations unde...
Performance by the Purchaser. Such Purchaser shall have ---------------------------- performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closing. (b) Conditions Precedent to the Obligation of a Purchaser to Purchase ----------------------------------------------------------------- the Shares and Warrants. The obligation of a Purchaser to acquire and pay for ----------------------- the Shares and the Warrants to be acquired by it hereunder is subject to the satisfaction or waiver by such Purchaser, at or before the Closing, of each of the following conditions:
Performance by the Purchaser. The Purchaser shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Purchaser at or prior to the Closing (c) NO INJUNCTION, NO LEGAL ACTION. No statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by any court or governmental authority of competent jurisdiction which prohibits the consummation of any of the transactions contemplated by this Agreement. No legal action, suit or proceeding shall be pending or threatened which seeks to restrain or prohibit the transactions contemplated by the Agreement. (d) [Intentionally left blank.] (e)
