Common use of Performance by Purchaser Clause in Contracts

Performance by Purchaser. All of the covenants and agreements to be complied with and performed by Purchaser on or prior to the Non-License Transfer Date or the Closing Date, as applicable, shall have been complied with or performed, in all material respects, except for such failures to comply with or perform that would not, individually or in the aggregate, reasonably be expected to be materially adverse to the Company.

Performance by Purchaser. All of the covenants and agreements to be complied with and performed by Purchaser on or prior to the Non-License Transfer Closing Date or the Closing Date, as applicable, shall have been complied with or performed, in all material respects, except for such failures to comply with or perform that would not, individually or in the aggregate, reasonably be expected to be materially adverse to the Company.