Common use of Performance Covenant Clause in Contracts

Performance Covenant. Each party covenants and agrees that it will take commercially reasonable action within its power and authority to duly and timely carry out all of its obligations hereunder, to perform and comply with all of the covenants and agreements hereunder applicable to it and to cause all conditions to the obligations of the other party to complete the Closing to be satisfied as promptly as possible. No such action shall require the initiation of litigation by either party, the expenditure of any monetary sum outside of customary filing fees or the divestiture of any asset.

Appears in 1 contract

Sources: Contribution and Purchase Agreement

Performance Covenant. Each party of the parties hereto covenants and agrees that it will take commercially reasonable all action reasonably within its power and authority to duly and timely carry out all of its obligations hereunder, to perform and comply with all of the covenants covenants, agreements, representations and agreements warranties hereunder applicable to it and to cause all conditions to the obligations of the other party parties to complete close the Closing purchase and sale of the Transferred Assets pursuant hereto to be satisfied as promptly as possible. No such action shall require the initiation of litigation by either party, the expenditure of any monetary sum outside of customary filing fees or the divestiture of any asset.

Appears in 1 contract

Sources: Contribution and Purchase Agreement (United Surgical Partners International Inc)

Performance Covenant. Each party of the parties hereto covenants and agrees that it will take commercially reasonable all action reasonably within its power and authority to duly and timely carry out all of its obligations hereunder, to perform and comply with all of the covenants covenants, agreements, representations and agreements warranties hereunder applicable to it and to cause all conditions to the obligations of the other party and other persons to complete close the Closing purchase and sale of the Assets pursuant hereto to be satisfied as promptly as possible. No such action shall require the initiation of litigation by either party, the expenditure of any monetary sum outside of customary filing fees or the divestiture of any asset.

Appears in 1 contract

Sources: Purchase Agreement (Neoforma Inc/Ca/)