Common use of Performance of Agreement Clause in Contracts

Performance of Agreement. Seller and its Affiliates shall have performed in all material respects all of their covenants, agreements and obligations required by this Agreement to be performed or complied with by them prior to or upon the Closing.

Appears in 9 contracts

Samples: Purchase and Sale Agreement (Sentio Healthcare Properties Inc), Purchase and Sale Agreement (Sentio Healthcare Properties Inc), Purchase and Sale Agreement (Sentio Healthcare Properties Inc)

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Performance of Agreement. Seller and its Affiliates shall have performed in all material respects all of their covenants, obligations and agreements and obligations required by complied in all material respects with all covenants and conditions contained in this Agreement and the Ancillary Agreements to which Seller is a party to be performed or complied with by them it at or prior to or upon the ClosingClosing Date.

Appears in 7 contracts

Samples: Asset Purchase Agreement (Balanced Care Corp), Asset Purchase Agreement (Balanced Care Corp), Asset Purchase Agreement (Balanced Care Corp)

Performance of Agreement. Seller and its Affiliates shall have performed in all material respects all of their its covenants, agreements and obligations required by this Agreement to be performed or complied with by them it prior to or upon the ClosingClosing Date.

Appears in 7 contracts

Samples: Asset Purchase Agreement (Medimmune Inc /De), Option Agreement (Emmis Broadcasting Corporation), Purchase and Sale Agreement (Sunrise Assisted Living Inc)

Performance of Agreement. Seller and its Affiliates shall have performed in all material respects all of their covenantsobligations and agreements, agreements and obligations required by complied in all material respects with all covenants and conditions, contained in this Agreement to be performed or complied with by them it prior to or upon on the ClosingClosing Date.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Datameg Corp), Stock Purchase Agreement (Datameg Corp), Stock Purchase Agreement (Pemco Aviation Group Inc)

Performance of Agreement. Seller and its Affiliates shall have performed in all material respects all of their covenants, obligations and agreements and obligations required by complied in all respects with all covenants and conditions contained in this Agreement to be performed or complied with by them it at or prior to or upon the ClosingClosing Date.

Appears in 2 contracts

Samples: Asset Purchase Agreement (TriState Capital Holdings, Inc.), Asset Purchase Agreement (Portec Rail Products Inc)

Performance of Agreement. Seller and its Affiliates shall have performed and complied in all material respects with all of their covenants, agreements and its obligations required by under this Agreement which are to be have been performed or complied with by them on or prior to or upon the ClosingClosing Date.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Tandem Health Care, Inc.), Asset Purchase Agreement (Tandem Health Care, Inc.)

Performance of Agreement. Seller and its Affiliates shall have performed in all material respects all of their its covenants, agreements and obligations required by this Agreement and each of the other Documents to be performed or complied with by them it prior to or upon the ClosingClosing Date.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Emmis Communications Corp), Asset Purchase Agreement (Emmis Broadcasting Corporation)

Performance of Agreement. Seller and its Affiliates the Shareholders shall have performed in all material respects all of their covenants, obligations and agreements and obligations required by complied in all material respects with all covenants and conditions contained in this Agreement to be performed or complied with by them at or prior to or upon the Closing.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Stonepath Group Inc), Asset Purchase Agreement (Stonepath Group Inc)

Performance of Agreement. Seller and its Affiliates shall have performed performed, in all material respects respects, all of their its covenants, agreements and obligations required by each of this Agreement and the Real Estate Purchase Agreement, in each case, to be performed or complied with by them it prior to or upon at the Closing.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Las Vegas Sands Corp), Purchase and Sale Agreement (Vici Properties Inc.)

Performance of Agreement. Seller Each of the Sellers and its Affiliates the Company shall have performed in all material respects all of their covenantsobligations and agreements, agreements and obligations required by complied in all material respects with all covenants and conditions, contained in this Agreement to be performed or complied with by each of them prior to or upon on the ClosingClosing Date.

Appears in 2 contracts

Samples: Equity Purchase Agreement (Hicks Acquisition CO I Inc.), Equity Purchase Agreement (Graham Packaging Holdings Co)

Performance of Agreement. Seller and its Affiliates shall have performed in all material respects all of their covenants, covenants and agreements and obligations contained herein that are required by this Agreement to be performed by it at or complied with by them prior to or upon before the Closing.

Appears in 1 contract

Samples: Spectrum Acquisition Agreement (NextWave Wireless Inc.)

Performance of Agreement. The Seller and its Affiliates shall have performed in all material respects and complied with all of their covenants, agreements and its obligations required by under this Agreement which are to be have been performed or complied with by them on or prior to or upon the ClosingClosing Date.

Appears in 1 contract

Samples: Purchase Agreement

Performance of Agreement. Seller and its Affiliates the Members shall have performed in all material respects all of their covenants, obligations and agreements and obligations required by complied in all material respects with all covenants and conditions contained in this Agreement to be performed or complied with by them at or prior to or upon the Closing.

Appears in 1 contract

Samples: Asset Purchase Agreement (Stonepath Group Inc)

Performance of Agreement. Seller and its Affiliates shall have performed in all material respects all of their covenantsAll obligations, agreements and obligations required by covenants and conditions contained in this Agreement to be performed or complied with by them Seller at or prior to or upon the Closingtime of Closing (considered individually and collectively) shall have been duly performed and complied with in all Material respects).

Appears in 1 contract

Samples: Asset Purchase Agreement (Tredegar Industries Inc)

Performance of Agreement. Seller and its Affiliates Sellers shall have performed in all material respects all of their covenants, obligations and agreements and obligations required by complied in all material respects with all covenants contained in this Agreement to the extent required to be performed or complied with by them it at or prior to or upon the ClosingClosing Date.

Appears in 1 contract

Samples: Asset Purchase Agreement (Matthews International Corp)

Performance of Agreement. Seller and its Affiliates shall have performed in all material respects all of their covenants, obligations and agreements and obligations required by complied with all covenants and conditions contained in this Agreement to be performed or complied with by them it at or prior to or upon the ClosingClosing Date.

Appears in 1 contract

Samples: Asset Purchase Agreement (Berliner Communications Inc)

Performance of Agreement. Seller and its Affiliates shall have performed in all material respects all of their its covenants, agreements and obligations required by this Agreement and each of the other Transaction Documents to be performed performed, or complied with with, by them prior to or upon it on the ClosingClosing Date.

Appears in 1 contract

Samples: Asset Purchase Agreement (Salem Media Group, Inc. /De/)

Performance of Agreement. Seller and its Affiliates shall the Company will have performed and complied with the covenants and obligations they are required to perform or to comply with pursuant to this Agreement at or prior to the Closing in all material respects all respects, including the delivery or tender (subject only to Closing) of their covenants, agreements and obligations each item required by this Agreement to be performed or complied with by them prior to or upon the Closingunder Section 4.

Appears in 1 contract

Samples: Stock Purchase Agreement (Validus Holdings LTD)

Performance of Agreement. Seller Each of the Sellers, Holdings and its Affiliates Xxxxxx shall have performed in all material respects all of their covenantsobligations and agreements, agreements and obligations required by complied in all material respects with all covenants and conditions, contained in this Agreement to be performed or complied with by each of them prior to or upon at the ClosingClosing Date.

Appears in 1 contract

Samples: Stock Purchase Agreement (Borden Chemical Inc)

Performance of Agreement. Seller Acquiree, Sellers and its Affiliates the Principal shall have performed in and complied with all material respects all of their other covenants, agreements and obligations conditions required by this Agreement to be performed or complied with by them prior to or upon at the Closing.

Appears in 1 contract

Samples: Reorganization Agreement (Applied Cellular Technology Inc)

Performance of Agreement. Seller and its Affiliates subsidiaries shall have performed in all material respects performed all of their covenantsobligations and agreements, agreements and obligations required by complied with all covenants contained in this Agreement to be performed or complied with by them Seller and/or its subsidiaries prior to or upon at the Closing.. (c)

Appears in 1 contract

Samples: Stock and Asset Purchase Agreement (Bard C R Inc /Nj/)

Performance of Agreement. Seller and its Affiliates shall have performed in all material respects all of their covenants, obligations and agreements and obligations required by complied in all material respects with all covenants and conditions contained in this Agreement and the Ancillary Agreements to be performed or complied with by them it at or prior to or upon the ClosingClosing Date.

Appears in 1 contract

Samples: Asset Purchase Agreement (Balanced Care Corp)

Performance of Agreement. Seller and its Affiliates shall have performed and observed in all material respects all of their covenants, agreements obligations and obligations required by this Agreement conditions to be performed or complied with observed by them it under this Agreement at or prior to or upon the Closing.

Appears in 1 contract

Samples: Asset Purchase Agreement (Verus International, Inc.)

Performance of Agreement. Seller and its Affiliates shall have performed in all material respects and complied with all of their covenantsits material and substantive obligations, agreements and obligations required by covenants under this Agreement which are to be have been performed or complied with by them on or prior to or upon the ClosingClosing Date.

Appears in 1 contract

Samples: Asset Purchase Agreement

Performance of Agreement. Seller and its Affiliates the Company shall have fully performed in all material respects all of their and complied with the covenants, agreements conditions and other obligations required by under this Agreement which are to be performed or complied with by them Seller or the Company at or prior to or upon the Closing, including, without limitation, all deliveries to be made pursuant to Section 5.2 of this Agreement and all covenants to be performed prior to the Closing pursuant to Article VI of this Agreement.

Appears in 1 contract

Samples: Stock Purchase and Sale Agreement (Resourcing Solutions Group Inc)

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Performance of Agreement. The Seller and its Affiliates shall have performed in all material respects all of their covenants, obligations and agreements and obligations required by complied in all material respects with all covenants and conditions contained in this Agreement to be performed or complied with by them it at or prior to or upon the ClosingClosing Date.

Appears in 1 contract

Samples: Asset Purchase Agreement (Jpe Inc)

Performance of Agreement. Seller and its Affiliates The Sellers shall have performed in all material respects all of their covenants, obligations and agreements and obligations required by complied with all covenants and conditions contained in this Agreement or any Operative Document to be performed or and complied with by them at or prior to or upon the ClosingClosing Date.

Appears in 1 contract

Samples: Agreement and Plan of Reverse Acquisition (Activeworlds Corp)

Performance of Agreement. Seller and its Affiliates shall have performed in all material respects all of their its covenants, agreements and obligations required by this Agreement to be performed or complied with by them it prior to or upon the Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Sentio Healthcare Properties Inc)

Performance of Agreement. Seller Sellers and its Affiliates the Company shall have fully performed in and complied with all material respects all of their covenants, agreements conditions, and other obligations required by under this Agreement to be performed or complied with by them at or prior to or upon the Closing.

Appears in 1 contract

Samples: Stock Purchase Agreement (Banner Aerospace Inc)

Performance of Agreement. Seller and its Affiliates shall have performed in all material respects all of their All covenants, agreements conditions and other obligations required by under this Agreement which are to be performed or complied with by them Seller shall have been fully performed and complied with in all material respects at or prior to or upon the Initial Closing, including the delivery of the instruments and documents in accordance with Section 6.2 hereof.

Appears in 1 contract

Samples: Asset Purchase Agreement (Mega Group Inc)

Performance of Agreement. Each Seller and its Affiliates shall have performed performed, in all material respects respects, all of their covenantsobligations and agreements, agreements and obligations required by complied, in all material respects, with all covenants and conditions, contained in this Agreement to be performed or complied with by it or them prior to or upon at the ClosingClosing Date.

Appears in 1 contract

Samples: Stock Purchase Agreement (Natural Nutrition Group Inc)

Performance of Agreement. Seller and its Affiliates Sellers shall have performed in all material respects all of their covenants, respective agreements and obligations required by contained in this Agreement required to be performed on or complied with by them prior to or upon the Closing.

Appears in 1 contract

Samples: Asset Purchase Agreement

Performance of Agreement. Each of Seller and its Affiliates O-I shall have performed in all material respects all of their covenantsobligations and agreements, agreements and obligations required by complied in all material respects with all covenants and conditions, contained in this Agreement and the Additional Agreements to be performed or complied with by them it prior to or upon at the ClosingClosing Date.

Appears in 1 contract

Samples: Stock Purchase Agreement (Graham Packaging Holdings Co)

Performance of Agreement. Seller and its Affiliates subsidiaries shall have performed in all material respects performed all of their covenantsobligations and agreements, agreements and obligations required by complied with all covenants contained in this Agreement to be performed or complied with by them Seller and/or its subsidiaries prior to or upon at the Closing.

Appears in 1 contract

Samples: Stock and Asset Purchase Agreement (Arterial Vascular Engineering Inc)

Performance of Agreement. Seller and its Affiliates Each of the Sellers shall have fully performed in and complied with all material respects all of their covenants, agreements conditions, and other obligations required by under this Agreement to be performed or complied with by them at or prior to or upon the Closing.

Appears in 1 contract

Samples: Agreement for Purchase And (Applied Cellular Technology Inc)

Performance of Agreement. Seller and its Affiliates the Partners shall have performed in all material respects all of their covenants, obligations and agreements and obligations required by complied in all material respects with all covenants and conditions contained in this Agreement to be performed or complied with by them at or prior to or upon the Closing.

Appears in 1 contract

Samples: Asset Purchase Agreement (Radiant Logistics, Inc)

Performance of Agreement. Seller and its Affiliates the Shareholders shall have performed in and complied with all material respects all of their covenants, obligations and agreements and obligations required by this Agreement to be performed or complied with by them prior on or before the Closing Date pursuant to or upon the Closing.this Agreement. 7.03

Appears in 1 contract

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

Performance of Agreement. Seller and its Affiliates shall have performed in all material respects all of their its covenants, agreements and obligations required by this Agreement to be performed or complied with by them it prior to or upon the Closing.Closing Date. 9.3

Appears in 1 contract

Samples: Asset Purchase Agreement (Emmis Broadcasting Corporation)

Performance of Agreement. Seller and its Affiliates Shareholder shall have fully performed in all material respects all of their and complied with the covenants, agreements conditions and other obligations required by under this Agreement which are to be performed or complied with by them at or prior to or upon the ClosingClosing Date.

Appears in 1 contract

Samples: Asset Purchase Agreement (Heist C H Corp)

Performance of Agreement. Seller and Seller, its Affiliates and Existing Manager shall have performed in all material respects all of their covenants, agreements and obligations required by this Agreement to be performed or complied with by them prior to or upon the Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Cornerstone Healthcare Plus Reit, Inc.)

Performance of Agreement. Seller and its Affiliates Shareholders shall have performed in all material respects all of their covenants, obligations and agreements and obligations required by complied in all material respects with all covenants and conditions contained in this Agreement to be performed or complied with by it or them at or prior to or upon the ClosingClosing Date.

Appears in 1 contract

Samples: Asset Purchase Agreement (Advanced Communications Technologies Inc)

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