Common use of Buyer’s Performance Clause in Contracts

Buyer’s Performance. (a) All of the covenants and obligations that Buyer 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 performed and complied with in all material respects.

Appears in 132 contracts

Samples: Share Purchase Agreement (Lennox International Inc), Stock Purchase Agreement (Peak Resorts Inc), Stock Purchase Agreement (Astec Industries Inc)

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Buyer’s Performance. (a) All of the covenants and obligations that Buyer 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 shall have been performed and complied with in all material respects.

Appears in 61 contracts

Samples: Asset Purchase Agreement (Amarin Corp Plc\uk), Asset Purchase Agreement (Chad Therapeutics Inc), Asset Purchase Agreement (Onelink Inc)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer 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 performed and complied with in all material respects.

Appears in 25 contracts

Samples: Share Purchase Agreement (Transatlantic Petroleum Ltd.), Stock Purchase Agreement (Hybrook Resources Corp.), Asset Purchase Agreement (Best Energy Services, Inc.)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer 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 performed and complied with in all material respects.

Appears in 21 contracts

Samples: Asset Purchase Agreement (Multi Color Corp), Stock Purchase Agreement (Home System Group), Stock Purchase Agreement (NF Energy Saving Corp)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer 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 performed and complied with in all material respects.

Appears in 18 contracts

Samples: Purchase Agreement (Investview, Inc.), Membership Interest Purchase Agreement (National Commerce Corp), Share Purchase Agreement (Transatlantic Petroleum Ltd.)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to under this Agreement at on or prior to before the Closing Date (considered collectively), both collectively and each of these covenants and obligations (considered individually), ) must have been performed and complied with in all material respects.

Appears in 11 contracts

Samples: Purchase Agreement (Med-Cannabis Pharma, Inc.), Purchase Agreement (X-Change Corp), Purchase Agreement (Specialty Contractors, Inc.)

Buyer’s Performance. (a) All Each of the covenants and obligations that Buyer 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 performed and complied with in all material respects.

Appears in 9 contracts

Samples: Interest Purchase Agreement (Iconix Brand Group, Inc.), Share Purchase Agreement (Scripps E W Co /De), Interest Purchase Agreement (Scripps E W Co /De)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer 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 8 contracts

Samples: Purchase and Sale Agreement (Pogo Producing Co), Purchase and Sale Agreement (Energy Xxi (Bermuda) LTD), Purchase and Sale Agreement (Energy XXI Texas, LP)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer is required to perform or with which Buyer is required 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 shall have been performed and complied with in all material respects.

Appears in 7 contracts

Samples: Stock Purchase Agreement (Star Energy Corp), Stock Purchase Agreement (Star Energy Corp), Stock Purchase Agreement (Sockeye Seafood Group Inc)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer is Buyers are 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 performed and complied with in all material respects.

Appears in 7 contracts

Samples: Stock Purchase Agreement (Synnex Corp), Stock Purchase Agreement (Gulf United Energy, Inc.), Purchase Agreement (Franklin Covey Co)

Buyer’s Performance. (a) A. All of the covenants and obligations that Buyer 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 performed and complied with in all material respects.

Appears in 5 contracts

Samples: Stock Purchase Agreement (Infocure Corp), Stock Purchase Agreement (Phoenix International Industries Inc /Fl/), Stock Purchase Agreement (Infocure Corp)

Buyer’s Performance. (a) 8.2.1. All of the covenants and obligations that Buyer 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 performed and complied with in all material respects.

Appears in 4 contracts

Samples: Share Purchase Agreement (Sandisk Corp), Acquisition Agreement (Carnegie International Corp), Share Purchase Agreement (Alliance Semiconductor Corp /De/)

Buyer’s Performance. (a) All of the covenants and obligations that the Buyer 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 performed and complied with in all material respects.

Appears in 4 contracts

Samples: Agreement of Purchase and Sale (Measurement Specialties Inc), Asset Purchase Agreement (Alliance Bankshares Corp), Stock Purchase Agreement (Cpi Corp)

Buyer’s Performance. (a) All Each of the covenants and obligations that Buyer 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 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)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer 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 (Direct Focus Inc), Asset Purchase Agreement (Allis Chalmers Corp), Agreement of Purchase and Sale (Measurement Specialties Inc)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer 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)Closing, must have been performed and complied with in all material respects.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Masada Security Holdings Inc), Stock Purchase Agreement (Masada Security Holdings Inc), Stock Purchase Agreement (Metromedia International Group Inc)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer is Buyers are 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 (Capco Energy Inc), Asset Purchase Agreement (Capco Energy Inc), Asset Purchase Agreement (Delta Petroleum Corp/Co)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer 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 performed and complied with in all material respects, or timely cured.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Phi Inc), Stock Purchase Agreement (Petroleum Helicopters Inc), Stock Purchase Agreement (Suggs Carroll W)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer is and APA are 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 performed and complied with in all material respects.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Apa Optics Inc /Mn/), Asset Purchase Agreement (Apa Optics Inc /Mn/)

Buyer’s Performance. (a) All Each of the covenants and obligations that Buyer 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 performed and complied with in all material respects.; and

Appears in 2 contracts

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

Buyer’s Performance. (a) All of the covenants and obligations that Buyer or Parent 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 shall have been performed and complied with in all material respects.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Ceco Environmental Corp), Asset Purchase Agreement (Right Start Inc /Ca)

Buyer’s Performance. (a) a. All of the covenants and obligations that Buyer 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 performed and complied with in all material respects.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Cogenco International Inc), Acquisition Agreement (Carnegie International Corp)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer 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 performed and complied with in all material respects.

Appears in 2 contracts

Samples: Non Competition Agreement (Allis Chalmers Corp), Securities Purchase Agreement (Seacor Smit Inc)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer 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 performed and complied with in all material Material respects.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Foster L B Co), Stock Purchase Agreement (Foster L B Co)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these such covenants and obligations (considered individually), must have been performed and complied with in all material respects.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Standex International Corp/De/), Stock Purchase Agreement (Standex International Corp/De/)

Buyer’s Performance. (a) All Each of the covenants and obligations that Buyer 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 performed and complied with in all material respects.; and

Appears in 2 contracts

Samples: Asset Purchase Agreement (Platinum Entertainment Inc), Asset Purchase Agreement (Platinum Entertainment Inc)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer 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 performed and complied with in all material respects.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Emrise CORP), Stock Purchase Agreement (Ansoft Corp)

Buyer’s Performance. (a) All of the Buyers shall have performed or complied with, in all material respects, all agreements and covenants and obligations that Buyer is required to perform be performed or to comply complied with pursuant to by Buyers under this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respectsDate.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Amc Entertainment Inc), Stock Purchase Agreement (Marquee Holdings Inc.)

Buyer’s Performance. (a) 7.2.1 All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively)Closing, individually and each of these covenants and obligations (considered individually)in the aggregate, must have been duly and fully performed and complied with in all material respects.

Appears in 2 contracts

Samples: Stock Purchase Agreement (American Physicians Capital Inc), Stock Purchase Agreement (Critical Home Care Inc)

Buyer’s Performance. (a1) All of the covenants Each and obligations every covenant and obligation that Buyer is required to perform or to comply with pursuant to this Agreement Agreement, at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually)Closing, must have been performed and complied with in all material respects.

Appears in 2 contracts

Samples: Stock Exchange Agreement (Serefex Corp), Stock Exchange Agreement (Serefex Corp)

Buyer’s Performance. (a) All Each of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each including payment of these covenants and obligations (considered individually), must the Closing Amount) shall have been duly performed and complied with in all material respects.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Insignia Financial Group Inc /De/)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer and Acquisition 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 performed and complied with in all material respects.

Appears in 1 contract

Samples: Merger Agreement (Compscripts Inc)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer or Parent 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 shall have been performed and complied with in all material respects.. {W1118977.1}

Appears in 1 contract

Samples: Asset Purchase Agreement (Ceco Environmental Corp)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer 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 will have been performed and complied with in all material respects.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Beckman Coulter Inc)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer and Parent 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 shall have been performed and complied with in all material respects.

Appears in 1 contract

Samples: Asset Purchase Agreement (MotivNation, Inc.)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to under this Agreement at on or prior to before the Closing Date (considered collectively), both 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: Stock Purchase Agreement (Solutia Inc)

Buyer’s Performance. (a) All Each of the covenants and obligations that Buyer 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: Asset Purchase Agreement (Iptimize, Inc.)

Buyer’s Performance. (a) All of the covenants and obligations that each of Buyer and Guarantor 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 performed and complied with in all material respects.

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement (Wpi Group Inc)

Buyer’s Performance. (a8.2.(a) All Each of the covenants and obligations that Buyer 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 performed and complied with in all material respects.

Appears in 1 contract

Samples: Stock Purchase Agreement (Primis Inc)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer 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 including the deliverables set forth in Section 2.7(g), shall have been performed and complied with in all material respects.

Appears in 1 contract

Samples: Stock Purchase Agreement (Luna Innovations Inc)

Buyer’s Performance. (a) All Each of the covenants and obligations that Buyer 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 performed and complied with in all material respects.

Appears in 1 contract

Samples: Stock Purchase Agreement (Insignia Financial Group Inc /De/)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these the covenants and obligations (considered individually), must have been performed and complied with in all material respects.

Appears in 1 contract

Samples: Stock Purchase Agreement (CSS Industries Inc)

Buyer’s Performance. (a) All of the material covenants and obligations that Buyer is are 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 performed and complied with in all material respects.

Appears in 1 contract

Samples: Video City Inc

Buyer’s Performance. (a) All of the covenants and obligations that Buyer 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 individuallycollectively), must have been performed and complied with in all material respects.

Appears in 1 contract

Samples: Stock Purchase Agreement (A Consulting Team Inc)

Buyer’s Performance. (a) All of the covenants and obligations that Parent and Buyer is are 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 performed and complied with in all material respects.

Appears in 1 contract

Samples: Merger Agreement (Quiksilver Inc)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer 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 shall have been duly performed and complied with in all material respects.

Appears in 1 contract

Samples: Asset Purchase Agreement

Buyer’s Performance. 33 40 (a) All of the covenants and obligations that Buyer is Buyers are 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 performed and complied with in all material respects.

Appears in 1 contract

Samples: Purchase Agreement (Franklin Covey Co)

Buyer’s Performance. (a) All Each of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement and Buyer’s Closing Documents at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects.

Appears in 1 contract

Samples: Asset Purchase Agreement (Level20 Inc.)

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Buyer’s Performance. (a) All of the covenants and obligations that Buyer 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)Date, must have been performed and complied with in all material respects.

Appears in 1 contract

Samples: Stock Purchase Agreement (Ralcorp Holdings Inc /Mo)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement or the MIS Contract at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects.

Appears in 1 contract

Samples: Stock Purchase Agreement (Argent Capital Corp)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer 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 shall have been duly performed and complied with in all material respects.

Appears in 1 contract

Samples: Asset Purchase Agreement

Buyer’s Performance. (a) a. All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Option Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects.

Appears in 1 contract

Samples: Stock Purchase Option Agreement (Cogenco International Inc)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer 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 performed and complied compiled with in all material respects.

Appears in 1 contract

Samples: 1 Stock Purchase Agreement (Exco Resources Inc)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these such covenants and obligations (considered individually), must have been performed and complied with in all material respects.

Appears in 1 contract

Samples: Stock Purchase Agreement (Delek US Holdings, Inc.)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer 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 performed and complied with in all material Material respects.

Appears in 1 contract

Samples: Cooperation and Rights Agreement (Granite Construction Inc)

Buyer’s Performance. (ai) All of the covenants and obligations that the Buyer 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 performed and complied with in all material respects. (ii) The Buyer must have delivered each of the documents required to be delivered by the Buyer pursuant to Section 1.6 hereof and must have made the cash payments required to be made by the Buyer pursuant to Section 1.6 hereof.

Appears in 1 contract

Samples: Stock and Real Estate Purchase Agreement (American Locker Group Inc)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing or at or prior to the FCC Approval Date (considered collectively), ) and each of these covenants and obligations (considered individually), ) must have been performed and complied with in all material respects.

Appears in 1 contract

Samples: Purchase Agreement (VDC Communications Inc)

Buyer’s Performance. (ac) All of the covenants and obligations that Buyer 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 performed and complied with in all material respects.

Appears in 1 contract

Samples: Stock Purchase Agreement (Emcon)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer 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 performed and complied with in all material respects.

Appears in 1 contract

Samples: Stock Purchase Agreement (Rollins Inc)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer is Buyers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing Closings (considered collectively), and each of these covenants and obligations (considered individually), must shall have been performed and complied with in all material respects.

Appears in 1 contract

Samples: Asset Purchase Agreement (Raven Industries Inc)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer 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 shall have been performed and complied with in all material respects.

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement (Huttig Building Products Inc)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer is the Buyers are required to perform or to comply with or to perform pursuant to this Agreement at or prior to the Closing closing (considered collectively), and each of these said covenants and obligations (considered individually), must shall have been performed and complied with and performed in all material respects.

Appears in 1 contract

Samples: Stock Purchase Agreement (Planet Polymer Technologies Inc)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer 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 performed and complied with in all material respects. Buyer's covenants and obligations in Section 5.6 must have been performed and complied with in all respects.

Appears in 1 contract

Samples: Asset Purchase Agreement (Maverick Tube Corporation)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to Article 6, Section 11.4 and Section 11.5 of 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: Stock Purchase Agreement (Venturi Partners Inc)

Buyer’s Performance. (a) All of the covenants and obligations that the Buyer is required to perform or to comply with pursuant to this Agreement at on or prior to before the Closing Date (considered collectively), both collectively and each of these covenants and obligations (considered individually), ) must have been performed and complied with in all material respects.

Appears in 1 contract

Samples: Stock Purchase Agreement (Woodward Governor Co)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing Date (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to SECTION 1.4(B).

Appears in 1 contract

Samples: Stock Purchase Agreement (Group 1 Automotive Inc)

Buyer’s Performance. (a) All of the material covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement as at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must shall have been performed and complied with in all material respects.

Appears in 1 contract

Samples: Asset Purchase Agreement (Birks Group Inc.)

Buyer’s Performance. (a) 9.2.1. All of the covenants and obligations that Buyer 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 performed and complied with in all material respects.

Appears in 1 contract

Samples: Asset Purchase Agreement (Svi Holdings Inc)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer 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 performed and complied with in all material respects.

Appears in 1 contract

Samples: Stock Purchase Agreement (Tel Instrument Electronics Corp)

Buyer’s Performance. (a) All of the material covenants and obligations that Buyer is Buyers are 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: Share Purchase and Contribution Agreement (Nordstrom Inc)

Buyer’s Performance. (ai) All of the covenants and obligations that Buyer 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 performed and complied with in all material respects.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Eb2b Commerce Inc /Ny/)

Buyer’s Performance. (a) All of the covenants and obligations that the Buyer 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 performed and complied with in all material respects.

Appears in 1 contract

Samples: Stock Purchase Agreement (BOQI International Medical, Inc.)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively)Closing, and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects.

Appears in 1 contract

Samples: Stock Purchase Agreement (Setech Inc /De)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer 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 performed and complied with in all material respects.

Appears in 1 contract

Samples: Share Purchase Agreement (Vasco Data Security International Inc)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), individually and each of these covenants and obligations (considered individually), must in the aggregate) shall have been duly performed and complied with in all material respects.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Fidelity National Financial Inc /De/)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to under this Agreement at on or prior to before the Closing Date (considered collectively), both collectively and each of these covenants and obligations (considered individually), ) must have been performed and complied with in all material respects.

Appears in 1 contract

Samples: Stock Purchase Agreement

Buyer’s Performance. (a) a. All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement (not including providing the notification for the Escrow Release Date) at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects.

Appears in 1 contract

Samples: Amended and Restated Stock Purchase Agreement (Genesis Solar Corp)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer 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 including the deliverables set forth in Section 2.7(d), shall have been performed and complied with in all material respects.

Appears in 1 contract

Samples: Asset Purchase Agreement (Luna Innovations Inc)

Buyer’s Performance. (a) All of the covenants and obligations that Buyer 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 performed and complied with in all material respectswith.

Appears in 1 contract

Samples: Stock Acquisition Agreement (Talton Invision Inc)

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