Buyer’s Pre-Closing Obligations. Buyer hereby covenants and agrees that it will use commercially reasonable and diligent efforts to satisfy all conditions to Closing applicable to Buyer’s obligations hereunder.
Buyer’s Pre-Closing Obligations. Buyer hereby covenants to Seller, upon which covenants Seller has relied and will continue to rely, that for the period from the date of this Agreement through and including the Closing Date:
Buyer’s Pre-Closing Obligations. BUYER AND SELLING PARTY POST CLOSING OBLIGATIONS
Buyer’s Pre-Closing Obligations. Buyer warrants, except as agreed in writing by Seller, from the date of this Agreement until the Closing:
Buyer’s Pre-Closing Obligations. The Parties understand that no bond, supplemental bond, letter of credit, guaranty or other form of credit support (collectively, “Security”) posted by Seller or any affiliate of Seller with or for the benefit of any governmental authority or any third person relating to any of the Assets will be transferred to Buyer or will otherwise benefit Buyer. As a condition to Closing, Buyer shall (i) post or obtain in the name of Buyer or its affiliate, as applicable, sufficient Security such that all of Seller’s Security is released and returned to Seller, and (ii) provide reasonable evidence of financial responsibility sufficient for Buyer or its affiliate, as applicable, to own and operate the Properties. Promptly after Closing, Buyer shall make all filings with applicable governmental authorities (including in each applicable county) to properly assign and transfer the Assets from Seller to Buyer. If Buyer fails to obtain any required replacement bond, guarantee, or letter of credit required under this Section 12 but has otherwise satisfied (or Seller has otherwise waived) all other conditions to Closing and other Closing requirements set forth in Section 5 (other than conditions that by their nature are to be satisfied at the Closing, but subject to the satisfaction or waiver of such conditions), then, Seller shall have the sole discretion to elect to proceed with Closing and, until such time as Buyer obtains such required replacement bond, guarantee, or letter of credit required under this Section 12, (a) Buyer agrees to reimburse Seller upon request for any amounts paid or suffered under any Security of Seller with respect to the Assets after the Closing Date and (b) Buyer will secure such obligation by providing to Seller back-to-back Security reasonably acceptable to Seller for the benefit of Seller with respect to each credit support obligation of Seller covering the Assets that remains in place at such time.
Buyer’s Pre-Closing Obligations. The Buyer shall provide the Sellers and/or the Company with any and all information and/or documentation required for:
