Common use of Performance of Agreement Clause in Contracts

Performance of Agreement. All covenants, conditions and other obligations under this Agreement which are to be performed or complied with by Buyer on or prior to the Closing Date shall have been fully performed or complied with in all material respects on or prior to the Closing Date, including, without limitation, the delivery of the fully executed instruments and documents in accordance with Section 3.2.

Performance of Agreement. All covenants, conditions and other obligations under this Agreement which are to be performed or complied with by Buyer on or prior to the Closing Date and FTI shall have been fully performed or and complied with in all material respects on or prior to the Closing Date, including, without limitation, the delivery of the fully executed instruments and documents in accordance with Section 3.2.

Performance of Agreement. All covenants, conditions covenants and other obligations under this Agreement which are to be performed or complied with by Buyer on Purchaser and Netopia at or prior to the Closing Date shall have been fully performed or and complied with in all material respects on or prior to the Closing Date, including, without limitation, the delivery of the fully executed instruments and documents in accordance with Section 3.2with.

Performance of Agreement. All covenants, conditions and other obligations under this Agreement which are to be performed or complied with by Buyer on or prior to the Closing Date shall have been fully performed or and complied with in all material respects on at or prior to the Closing Date, including, without limitation, the delivery of the fully executed instruments and documents in accordance with Section 3.2.the

Performance of Agreement. All covenants, conditions conditions, and other obligations under this Agreement which are to be performed or complied with by Buyer on or prior to the Closing Date Purchaser, shall have been fully performed or and complied with in all material respects on at or prior to the Closing Date, including, without limitation, the delivery of the fully executed instruments and documents in accordance with Section 3.2.

Performance of Agreement. All covenants, conditions and other obligations under this Agreement which are to be performed or complied with by Buyer on SMI or prior to the Closing Date Merger Sub shall have been fully performed or and complied with in all material respects on or prior to the Closing Date, including, without limitation, the delivery of the fully executed instruments and documents in accordance with Section 3.2this Agreement.

Performance of Agreement. All covenants, conditions covenants and other obligations under this Agreement which are to be performed or complied with by Buyer on at or prior to the Time of Closing Date shall have been fully performed or and complied with in all material respects on or prior to the Closing Date, including, without limitation, the delivery of the fully executed instruments and documents in accordance with Section 3.2respects.

Performance of Agreement. All covenants, conditions covenants and other obligations under this Agreement which that are to be performed or complied with by Buyer on or prior to Seller and the Members at the Closing Date shall have been fully performed or and complied with in all material respects on or prior to the Closing Date, including, without limitation, the delivery of the fully executed instruments and documents in accordance with Section 3.2with.

Performance of Agreement. All covenants, conditions and other ------------------------ obligations under this Agreement which are to be performed or complied with by Buyer on or prior to the Closing Date Parent shall have been fully performed or and complied with in all material respects on at or prior to the Closing Date, including, without limitation, the delivery Time of the fully executed instruments and documents in accordance with Section 3.2Closing.

Performance of Agreement. All covenants, conditions conditions, and other obligations under this Agreement which are to be performed or complied with by Buyer on Purchaser at or prior to the Time of Closing Date shall have been fully performed or and complied with in all material respects on at or prior to the Closing Date, including, without limitation, the delivery Time of the fully executed instruments and documents in accordance with Section 3.2Closing.

Performance of Agreement. All covenants, conditions covenants and other obligations under this Agreement which are to be performed or complied with by Buyer on Seller at or prior to the Time of Closing Date shall have been fully performed or and complied with in all material respects on or prior to the Closing Date, including, without limitation, the delivery of the fully executed instruments and documents in accordance with Section 3.2respects.

Performance of Agreement. All covenants, conditions and other ------------------------ obligations under this Agreement which are to be performed or complied with by Buyer on or prior to the Closing Date Seller shall have been fully performed or and complied with in all material respects on at or prior to the Closing Date, including, without limitation, the delivery Time of the fully executed instruments and documents in accordance with Section 3.2Closing.