Common use of Performance by Seller Clause in Contracts

Performance by Seller. The performance and observance, in all material respects, by Seller of all covenants in this Agreement to be performed or observed by Seller prior to or on the Closing Date shall be a condition precedent to Buyer’s obligation to purchase the Property pursuant to this Agreement. Additionally, as a condition to Buyer’s obligation to close, all of Seller’s representations and warranties stated herein shall be true and correct in all material respects as of the Closing Date.

Performance by Seller. The performance and observance, in all material respects, by Seller of all covenants in and agreements of this Agreement to be performed or observed by Seller prior to or on the Closing Date shall be a condition precedent to Buyer’s obligation to purchase the Property pursuant Property. Without limitation on the foregoing, in the event that the “Seller Closing Certificate” (as defined below) shall disclose any material exception to this Agreement. Additionally, as a condition to Buyer’s obligation to close, all of Seller’s the representations and warranties stated herein of Seller contained in this Agreement or any certificate delivered by Seller in connection herewith which are not otherwise permitted or contemplated by the terms of this Agreement, then Buyer shall be true and correct in all material respects as of have the Closing Dateright to terminate this Agreement upon prior written notice to Seller.

Performance by Seller. The performance and observance, in all material respects, by Seller of all covenants in and agreements of this Agreement to be performed or observed by Seller prior to or on the Closing Date (including, without limitation, the delivery by Seller of all items required under paragraph 5B(1) below) shall be a condition precedent to Buyer’s 's obligation to purchase the Property pursuant to this AgreementProperty. Additionally, as a condition to Buyer’s obligation to close, all of Seller’s representations and warranties stated herein shall be true and correct in all material respects as of the Closing Date.(5)

Performance by Seller. The As a condition precedent to Buyer’s obligation to buy the Property, the performance and observance, in all material respects, by Seller of all covenants in this Agreement to be performed or observed by Seller prior to or on the Closing Date shall be a condition precedent to Buyer’s obligation to purchase the Property pursuant to this Agreement. Additionally, as a condition to Buyer’s obligation to close, all of Seller’s representations and warranties stated herein shall be true and correct in all material respects as of the Closing Date.

Performance by Seller. The As a condition precedent to Buyer's obligation to buy the Property, the performance and observance, in all material respects, by Seller of all covenants in this Agreement to be performed or observed by Seller prior to or on the Closing Date shall be a condition precedent to Buyer’s 's obligation to purchase the Property pursuant to this Agreement. Additionally, as a condition to Buyer’s 's obligation to close, all of Seller’s ofSeller's representations and warranties stated herein shall be true and correct in all material respects as of the ofthe Closing Date.

Performance by Seller. The As a condition precedent to Xxxxx's obligation to buy the Property, the performance and observance, in all material respects, by Seller of all covenants in this Agreement to be performed or observed by Seller prior to or on the Closing Date shall be a condition precedent to Buyer’s Xxxxx's obligation to purchase the Property pursuant to this Agreement. Additionally, as a condition to Buyer’s Xxxxx's obligation to close, all of Seller’s ofSeller's representations and warranties stated herein shall be true and correct in all material respects as of the ofthe Closing Date.

Performance by Seller. The performance and observance, in all material respects, by Seller of all covenants in and agreements of this Agreement to be performed or observed by Seller prior to or on the Closing Date shall be a condition precedent to Buyer’s obligation to purchase the Property pursuant to this Agreement. Additionally, as a condition to Buyer’s obligation to close, all of Seller’s representations and warranties stated herein shall be true and correct in all material respects as of the Closing DateProperty.

Performance by Seller. The performance and observance, in all material respects, by Seller of all covenants in and agreements of this Agreement to be performed or observed by Seller prior to or on the Closing Date Date, including, without limitation, the timely delivery of all documents and instruments to Escrow Agent as required by Section 5.2.1, shall be a condition precedent to Buyer’s obligation to purchase the Property pursuant to this Agreement. Additionally, as a condition to Buyer’s obligation to close, all of Seller’s representations and warranties stated herein shall be true and correct in all material respects as of the Closing DateProperty.

Performance by Seller. The performance and observance, in all material respects, by Seller of all covenants in and agreements of this Agreement to be performed or observed by Seller prior to or on the Closing Date and the delivery of all documents as set out in subsection 5.2.1 shall be a condition precedent to Buyer’s obligation to purchase the Property pursuant to this AgreementProperty. Additionally, as a condition to Buyer’s obligation to close, all of Seller’s representations and warranties stated herein shall be true and correct in all material respects as of the Closing Date.4.2

Performance by Seller. The performance and observance, observance in all material respects, respects by Seller of all covenants in and agreements of this Agreement to be performed or observed by Seller prior to or on the Closing Date and the truth and correctness of all representations and warranties of Seller made herein all material respects shall each be a condition precedent to Buyer’s 's obligation to purchase the Property pursuant Property. Buyer shall have the option to this Agreementwaive the condition precedent set forth herein by notice to Seller. AdditionallyIn the event of such waiver, as a such condition to Buyer’s obligation to close, all of Seller’s representations and warranties stated herein shall be true and correct in all material respects as of the Closing Datedeemed satisfied.

Performance by Seller. The As a condition precedent to Xxxxx’s obligation to buy the Property, the performance and observance, in all material respects, by Seller of all covenants in this Agreement to be performed or observed by Seller prior to or on the Closing Date shall be a condition precedent to Buyer’s obligation to purchase the Property pursuant to this Agreement. Additionally, as a condition to BuyerXxxxx’s obligation to close, all of Seller’s representations and warranties stated herein shall be true and correct in all material respects as of the Closing Date.