Common use of Performance by Purchaser Clause in Contracts

Performance by Purchaser. 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 Purchaser at or prior to the Closing Date.

Appears in 7 contracts

Samples: Senior Secured Note and Warrant Purchase Agreement (Tri Valley Corp), Securities Purchase Agreement (Broadcast International Inc), Senior Secured Note and Warrant Purchase Agreement (Tri Valley Corp)

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Performance by Purchaser. Purchaser shall have performed, satisfied performed and complied in all material respects with all covenantsagreements, agreements covenants and conditions required by this Agreement to be performed, satisfied or performed and complied with by Purchaser at or prior to or on the Closing Date.

Appears in 5 contracts

Samples: Non Competition Agreement (Cygne Designs Inc), Non Competition Agreement (Cygne Designs Inc), Acquisition Agreement (Voxware Inc)

Performance by Purchaser. Purchaser shall have performedperformed all of its covenants, satisfied undertakings and obligations, and shall have complied in all material respects with all covenantsconditions, agreements and conditions required by this Agreement to be performed, satisfied performed or complied with by Purchaser at or prior to the Closing DateClosing.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (DiamondRock Hospitality Co), Purchase and Sale Agreement (DiamondRock Hospitality Co), Purchase and Sale Agreement (DiamondRock Hospitality Co)

Performance by 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 Sellers shall have received a certificate of a duly authorized officer of the Purchaser to be performed, satisfied or complied with by Purchaser at or prior to the Closing Datesuch effect.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Med Diversified Inc), Asset Purchase Agreement (Sunland Entertainment Co Inc), Asset Purchase Agreement (Sunland Entertainment Co Inc)

Performance by Purchaser. Purchaser shall have performed, satisfied performed in all material respects all obligations and complied in all material respects with all covenants, agreements covenants and conditions required by this Agreement to be performed, satisfied performed or complied with by Purchaser at or prior to the Closing Date.

Appears in 3 contracts

Samples: Stock and Real Estate Purchase Agreement (Innovative Valve Technologies Inc), Stock Purchase Agreement (Innovative Valve Technologies Inc), Stock Purchase Agreement (Innovative Valve Technologies Inc)

Performance by Purchaser. Purchaser shall have performed, satisfied performed and complied in all material respects with all agreements, covenants, agreements and conditions required by this Agreement herein to be performed, satisfied performed or complied with by Purchaser at him on or prior to before the Closing DateClosing.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Reddi Brake Supply Corp), Stock Purchase Agreement (Reddi Brake Supply Corp)

Performance by Purchaser. Purchaser shall have performed, satisfied fully performed and complied in all material respects with all covenants, covenants and agreements and conditions required by this Agreement to be performed, satisfied performed or complied with by Purchaser at it in all material respects on or prior to before the Closing Date(unless an earlier time is specified in this Agreement, in which case on or before such earlier time), including, without limitation, the execution and delivery by it of all documents and instruments required under the terms of Section 6.1.2 of this Agreement.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Landmark Theatre Corp), Property Purchase Agreement (Landmark Theatre Corp)

Performance by Purchaser. Purchaser shall will have performed, satisfied performed and complied in all material respects with all covenantsagreements, agreements obligations and conditions required by this Agreement to be performed, satisfied or so complied with or performed by Purchaser at or prior to the Closing Dateit.

Appears in 2 contracts

Samples: Asset Conveyance Agreement (Fintech Scion LTD), Asset Conveyance Agreement (Sidus Space Inc.)

Performance by Purchaser. Purchaser shall have performed, satisfied performed and complied ------------------------ in all material respects with all covenantsagreements, agreements covenants and conditions required by this Agreement to be performed, satisfied performed or complied with by Purchaser it at or prior to before the Closing DateClosing.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Superior Financial Corp /Ar/), Stock Purchase Agreement (Superior Financial Corp /Ar/)

Performance by Purchaser. Purchaser shall have performed, satisfied performed and complied in all material respects with all covenants, the covenants and agreements and satisfied all the conditions required by this Agreement to be performed, satisfied performed or complied with or satisfied by Purchaser at or prior to the Closing Date, except for such failures to perform as have not had or would not, individually or in the aggregate, have a material adverse effect on the transactions contemplated hereby.

Appears in 2 contracts

Samples: Nextband Interests Purchase Agreement (Nextel Communications Inc), Nextband Interests Purchase Agreement (Nextlink Communications Inc / De)

Performance by Purchaser. Purchaser shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement the Agreements to be performed, satisfied or complied with by Purchaser at or prior to before the Closing DateClosing.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Nanophase Technologies Corporation), Stock Purchase Agreement (Dakota Growers Pasta Co Inc)

Performance by Purchaser. Purchaser shall have performed, satisfied performed and complied in all material respects with all covenantsagreements, agreements obligations and conditions required by this Agreement to be performed, satisfied or so complied with by Purchaser at or prior to the Closing Dateperformed.

Appears in 2 contracts

Samples: Share Purchase Agreement (Deep Green Waste & Recycling, Inc.), Share Purchase Agreement (Deep Green Waste & Recycling, Inc.)

Performance by Purchaser. Purchaser shall have performed, satisfied performed and ------------------------ complied in all material respects with all covenantsagreements, agreements covenants and conditions required by this Agreement to be performed, satisfied or performed and complied with by Purchaser at or prior to or on the Closing Date.

Appears in 2 contracts

Samples: Acquisition Agreement (Voxware Inc), Purchase and Sale Agreement (Ackerley Group Inc)

Performance by Purchaser. Purchaser shall have performed, satisfied performed and complied in all material respects with all covenants, covenants and agreements and conditions required by this Agreement to be performed, satisfied performed or complied with by Purchaser at them hereunder on or prior to the Closing Date.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Datatec Systems Inc), Asset Purchase Agreement (Cirtran Corp)

Performance by Purchaser. Purchaser shall have performedAll the terms, satisfied and complied in all material respects with all covenants, agreements and conditions required by of this Agreement to be performed, satisfied or complied with and performed by Purchaser at on or prior to before the Closing DateDate shall have been complied with and performed in all material respects.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Extended Systems Inc), Asset Purchase Agreement (Troy Group Inc)

Performance by Purchaser. Purchaser The Purchasers shall have performed, satisfied performed and complied in all material respects with all covenants, of the covenants and agreements and satisfied in all material respects all of the conditions required by this Agreement to be performed, satisfied performed or complied with or satisfied by Purchaser the Purchasers at or prior to the Closing DateInitial Closing.

Appears in 1 contract

Samples: Stock Subscription Agreement (Genad Connector Corp)

Performance by 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 Seller shall have received a certificate of a duly authorized officer of the Purchaser to be performed, satisfied or complied with by Purchaser at or prior to the Closing Datesuch effect.

Appears in 1 contract

Samples: Asset Purchase Agreement (Mac Filmworks Inc)

Performance by Purchaser. Purchaser shall have performed, performed and satisfied and complied in all material respects with all covenants, agreements and conditions which it is respectively required by this Agreement to be performed, satisfied perform or complied with by Purchaser at or satisfy prior to or on the Closing DateDate and shall have delivered all documents required to be delivered hereunder.

Appears in 1 contract

Samples: Asset Purchase Agreement (Microtel International Inc)

Performance by Purchaser. 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 Purchaser at or prior to the Closing Dateand Seller shall have received certificates attesting thereto from Purchaser.

Appears in 1 contract

Samples: Asset Purchase Agreement (Dialog Group Inc)

Performance by Purchaser. Purchaser shall have performed, satisfied and complied in all material respects with all the ------------------------ terms, covenants, agreements and conditions required by of this Agreement Agreement, including the payment of the Final Payment to Seller pursuant to Section 3.2.2 to be performed, satisfied or complied with and performed by Purchaser at on or prior to before the Closing Date.

Appears in 1 contract

Samples: Asset Transfer Agreement (Iasiaworks Inc)

Performance by Purchaser. Purchaser shall have performed, satisfied performed and complied in all material respects with all covenantsagreements, agreements covenants and conditions required by this Agreement to be performed, satisfied or performed and complied with by Purchaser at or it prior to or on the Closing Date.

Appears in 1 contract

Samples: Employment Agreement (Zygo Corp)

Performance by Purchaser. Purchaser shall have performed, satisfied and complied with in all material respects with all covenants, covenants and agreements and conditions required by this Agreement to be performed, satisfied or complied with performed by Purchaser at or prior to it between the Closing Datedate hereof and the Closing.

Appears in 1 contract

Samples: Stock Purchase Agreement (Applied Graphics Technologies Inc)

Performance by Purchaser. Purchaser shall have performed, satisfied performed and complied with all the covenants and agreements in all material respects with and satisfied in all covenants, agreements and material respects all the conditions required by this Agreement to be performed, satisfied performed or complied with or satisfied by Purchaser at or prior to the Closing DateEffective Time.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Digital Biometrics Inc)

Performance by Purchaser. Purchaser shall have performed, satisfied performed and complied in all material respects with all covenants, agreements covenants and conditions obligations required by under this Agreement to be performed, satisfied or complied with performed by Purchaser at it on or prior to the Closing Date, and Purchaser shall have delivered to Seller a certificate of an officer of Purchaser reasonably satisfactory to Seller to such effect.

Appears in 1 contract

Samples: Acquisition Agreement (Gainsco Inc)

Performance by Purchaser. Seller shall have satisfied itself that Purchaser shall have performed, satisfied performed and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or performed and complied with by Purchaser at or it prior to or on the Closing Date.Date (including without limitation the following enumerated agreements and conditions):

Appears in 1 contract

Samples: Asset Purchase Agreement (Correctional Services Corp)

Performance by Purchaser. Purchaser shall have performed, satisfied performed and complied with all the covenants and agreements in all material respects with and satisfied in all covenants, agreements and material respects all the conditions required by this Agreement to be performed, satisfied performed or complied with or satisfied by Purchaser at or prior to the Closing Date.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Innovative Gaming Corp of America)

Performance by Purchaser. Purchaser shall have performed, satisfied performed and complied in all material respects with all covenants, covenants and agreements and conditions required by this Agreement to be performed, satisfied performed or complied with by Purchaser at such Person hereunder on or prior to the Closing Date and Seller shall have received a certificate signed by an authorized officer of Purchaser, dated the Closing Date, to the foregoing effect.

Appears in 1 contract

Samples: Asset Purchase Agreement

Performance by Purchaser. Purchaser shall have performed, satisfied fully performed and complied in all material respects with all covenants, covenants and agreements and conditions required by this Agreement to be performed, satisfied performed or complied with by Purchaser at each of them on or prior to before the Closing Effective Date.

Appears in 1 contract

Samples: Stock Purchase Agreement (Argo Bancorp Inc /De/)

Performance by Purchaser. Purchaser shall have performed, satisfied performed and complied in all material respects with all covenants, agreements and conditions covenants required by this Agreement to be performed, satisfied performed or complied with by Purchaser at on or prior to the Closing Date.

Appears in 1 contract

Samples: Asset Purchase Agreement (Kaiser Aluminum Corp)

Performance by Purchaser. Purchaser shall will have performed, satisfied duly performed and complied with, in all material respects with all covenantsrespects, the terms, agreements and conditions required by this Agreement to be performed, satisfied performed or complied with by Purchaser at or it prior to or at the Closing DateClosing.

Appears in 1 contract

Samples: Acquisition Agreement (Southern Graphic Systems, Inc.)

Performance by Purchaser. Purchaser shall have performed, satisfied performed and complied in all material respects with all covenants, of the covenants and agreements and satisfied in all material respects all of the conditions required by this Agreement to be performed, satisfied performed or complied with or satisfied by Purchaser at or prior to the Closing DateClosing.

Appears in 1 contract

Samples: Subscription and Redemption Agreement (Outsourcing Solutions Inc)

Performance by Purchaser. Purchaser shall have performed, satisfied performed ------------------------ and complied in all material respects with all covenants, agreements covenants and conditions required by this Agreement to be performed, satisfied or performed and complied with by Purchaser at or prior to or on the Closing Date.

Appears in 1 contract

Samples: Acquisition Agreement (Interep National Radio Sales Inc)

Performance by Purchaser. Purchaser shall have performed, satisfied duly performed and complied with, in all material respects with all covenantsrespects, the terms, agreements and conditions required by this Agreement to be performed, satisfied performed or complied with by Purchaser at or it prior to or at the Closing DateClosing.

Appears in 1 contract

Samples: Stock Purchase Agreement (Ply Gem Holdings Inc)

Performance by Purchaser. Purchaser shall have performed, satisfied and complied in performed all material respects with all covenants, agreements and satisfied all conditions required by this Agreement to be performed, performed or satisfied or complied with by Purchaser at or prior to the Closing DateClosing, including full payment of the Purchase Price to the Company as provided herein.

Appears in 1 contract

Samples: Securities Purchase Agreement (Mount TAM Biotechnologies, Inc.)

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Performance by Purchaser. Purchaser shall have performed, satisfied performed and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or performed and complied with by Purchaser at or it prior to or on the Closing Date.

Appears in 1 contract

Samples: Asset Purchase Agreement (Transamerican Refining Corp)

Performance by Purchaser. Purchaser shall have performedperformed and complied, satisfied and complied in all material respects respects, with all covenantsof the terms, agreements provisions and conditions required by of this Agreement to be performed, satisfied or performed and complied with by Purchaser at or prior to the Closing DateClosing, and shall have performed and complied in all respects with the agreements and obligations set forth in Section 3.2.

Appears in 1 contract

Samples: Stock Purchase Agreement (Standard Management Corp)

Performance by Purchaser. Purchaser shall have performed, satisfied performed and complied in all material respects respects, with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or performed and complied with by Purchaser at or it prior to or on the Closing Date.

Appears in 1 contract

Samples: Asset Purchase Agreement (CurAegis Technologies, Inc.)

Performance by Purchaser. Purchaser shall have performed, satisfied performed and complied in all material respects with all covenantsagreements, agreements covenants and conditions required by this Agreement to be performed, satisfied or have been performed and complied with by Purchaser at or prior to or on the Closing Date.

Appears in 1 contract

Samples: Non Competition Agreement (Cytrx Corp)

Performance by Purchaser. Purchaser shall have performed, satisfied and complied in all material respects with all material covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by Purchaser at or prior to the Closing DateClosing.

Appears in 1 contract

Samples: Stock Purchase Agreement (First Union Real Estate Equity & Mortgage Investments)

Performance by Purchaser. Purchaser and the Corporation shall have performedduly performed in all material respects all obligations, satisfied covenants and agreements undertaken by them herein and complied in all material respects with all covenants, agreements the terms and conditions required by this Agreement applicable to them hereunder to be performed, satisfied performed or complied with by Purchaser at on or prior to the Closing Datedate of the Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Suburban Lodges of America Inc)

Performance by Purchaser. Purchaser shall have performed, satisfied performed and complied in all material respects with all covenantsof the terms, agreements provisions and conditions required by of this Agreement to be performed, satisfied or performed and complied with by Purchaser at or prior to the Closing, and the representations and warranties of Purchaser contained in this Agreement shall be true as of the date of this Agreement and, in all material respects, as of the Closing Date(except as expressly contemplated or permitted by this Agreement).

Appears in 1 contract

Samples: Asset Purchase Agreement (Cascade Corp)

Performance by Purchaser. Purchaser shall have performed, satisfied materially performed and complied in all material respects with all of the terms, covenants, agreements agreements, conditions, undertakings and conditions required by commitments of this Agreement to be performed, satisfied performed or complied with by Purchaser at or prior to the Closing Date.

Appears in 1 contract

Samples: Portfolio Purchase Agreement (Ipayment Inc)

Performance by 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 Closing DateClosing.

Appears in 1 contract

Samples: Promissory Note Purchase Agreement (General Cannabis Corp)

Performance by Purchaser. Purchaser shall have performed, satisfied and complied performed in all material respects with all covenants, agreements and conditions obligations which it is required by this Agreement to be performed, satisfied perform on or complied with by Purchaser at or prior before the Closing Date pursuant to the Closing Dateprovisions of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Texas Pacific Land Trust)

Performance by Purchaser. Purchaser shall have performed, satisfied performed and complied in all material respects with all covenantsthe agreements, agreements covenants and conditions required by this Agreement Purchaser's Documents to be performed, satisfied performed or complied with by Purchaser it at or prior to before the Closing DateClosing.

Appears in 1 contract

Samples: Stock Purchase Agreement (Cerplex Group Inc)

Performance by Purchaser. Purchaser shall have performedperformed and complied, satisfied and complied in all material respects respects, with all covenantsthe obligations, covenants and agreements and conditions required by this Agreement to be performed, satisfied performed or complied with by Purchaser at or prior to the Closing Date.under this Agreement;

Appears in 1 contract

Samples: Purchase and Sale Agreement (South Jersey Industries Inc)

Performance by Purchaser. the Purchaser shall have performedperformed in all material respects all obligations and agreements, satisfied and complied in all material respects with all covenantscovenants and conditions, agreements and conditions required by contained in this Agreement to be performed, satisfied performed or complied with by Purchaser at or it prior to the Closing Date.;

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Coors Jeffrey H)

Performance by Purchaser. The Purchaser shall have performed, satisfied duly performed and complied in all material respects with all covenantsterms, agreements and conditions required by this Agreement to be performed, satisfied performed or complied with by Purchaser at or it prior to or at the Closing DateClosing.

Appears in 1 contract

Samples: Stock Purchase Agreement (RPS Group Inc)

Performance by Purchaser. Purchaser shall have performed, satisfied performed and complied with all the covenants and agreements in all material respects with and satisfied in all covenants, agreements and material respects all the conditions required by this Agreement to be performed, satisfied performed or complied with or satisfied by Purchaser at or prior to the Initial Closing Date.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Innovative Gaming Corp of America)

Performance by Purchaser. Purchaser shall have performed, satisfied 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 Purchaser at or prior to the Closing DateClosing.

Appears in 1 contract

Samples: Stock Purchase Agreement (Dynaresource Inc)

Performance by Purchaser. Purchaser shall have performed, satisfied performed and complied in all material respects with all covenants, covenants and agreements and conditions required by this Agreement to be performed, satisfied performed or complied with by Purchaser at such Person hereunder on or prior to the Closing Date.

Appears in 1 contract

Samples: Asset Purchase Agreement (Xtant Medical Holdings, Inc.)

Performance by Purchaser. Purchaser shall have performed, satisfied performed and complied ------------------------ in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or performed and complied with by Purchaser at or prior to or on the Closing Date and shall have delivered to Seller an appropriate certificate to that effect, dated as of the Closing Date, and signed by a duly authorized officer of Purchaser.

Appears in 1 contract

Samples: Asset Purchase Agreement (Crown Andersen Inc)

Performance by Purchaser. The Purchaser shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement and Seller shall have received a certificate of a duly authorized officer of the Purchaser to be performed, satisfied or complied with by Purchaser at or prior to the Closing Datesuch effect.

Appears in 1 contract

Samples: Asset Purchase Agreement (Trestle Holdings Inc)

Performance by Purchaser. Purchaser shall have performed, satisfied and complied in all material respects with all All covenants, agreements and conditions required by this the Agreement to be performed, satisfied or complied with by Purchaser at or prior to before the Closing Dateshall have been performed, satisfied or complied with in all material respects.

Appears in 1 contract

Samples: Stock Purchase Agreement (Nanophase Technologies Corporation)

Performance by Purchaser. The Purchaser shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement Agreement, including, without limitation, the deliveries required under Section 3.02, and the Sellers shall have received a certificate from the Purchaser signed by a duly authorized officer of the Purchaser to be performed, satisfied or complied with by Purchaser at or prior to the Closing Datesuch effect.

Appears in 1 contract

Samples: Asset Purchase Agreement (Healthcare Imaging Services Inc)

Performance by Purchaser. The Purchaser shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement Agreement, including, without limitation, the deliveries required under Section 3.02(a), and the Seller shall have received a certificate from the Purchaser signed by a duly authorized officer of the Purchaser to be performed, satisfied or complied with by Purchaser at or prior to the Closing Datesuch effect.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Healthcare Imaging Services Inc)

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