Performance of Obligations of the Company. The Company shall have performed in all material respects all covenants and agreements required to be performed by it hereunder at or prior to the Closing.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Roper Industries Inc /De/), Agreement and Plan of Merger (Ems Technologies Inc), Agreement and Plan of Merger (Motif Bio PLC)
Performance of Obligations of the Company. The Company shall have performed in all material respects all covenants and agreements required to be performed by it hereunder at on or prior to the ClosingClosing under this Agreement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Hybrid Networks Inc), Securities Purchase Agreement (Hybrid Networks Inc), Securities Purchase Agreement (Administaff Inc \De\)
Performance of Obligations of the Company. The Company shall have performed in all material respects all of the covenants and agreements required to be performed by it hereunder at or under this Agreement prior to the Closing.;
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Global BPO Services Corp), Agreement and Plan of Merger (Blue Mountain Resources Inc.), Agreement and Plan of Merger (Global BPO Services Corp)
Performance of Obligations of the Company. The Company shall have performed in all material respects all covenants and agreements required to be performed by it hereunder at under this Agreement on or prior to the Closing.Closing Date;
Appears in 2 contracts
Samples: Asset Purchase Agreement (Arris Group Inc), Asset Purchase Agreement (North American Galvanizing & Coatings Inc)
Performance of Obligations of the Company. The Company shall have performed in all material respects all its covenants and agreements obligations under the Agreement required to be performed by it hereunder at or prior to the Closing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Wmih Corp.), Agreement and Plan of Merger (Nationstar Mortgage Holdings Inc.)
Performance of Obligations of the Company. The Company shall have performed and complied in all material respects with all covenants and agreements required by the Agreement to be performed or complied with by it hereunder at or prior to the ClosingClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Endologix Inc /De/), Agreement and Plan of Merger (TriVascular Technologies, Inc.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all covenants and agreements required to be performed by it each of them hereunder at or prior to the Closing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Ivoice, Inc /Nj), Agreement and Plan of Merger (Sciele Pharma, Inc.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all covenants and agreements required to be performed by it hereunder at under this Agreement on or prior to the ClosingClosing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Noble Corp / Switzerland), Asset Purchase Agreement (Agco Corp /De)
Performance of Obligations of the Company. The Company shall have performed in all material respects all covenants and agreements required to be performed by it hereunder at or prior to the Closing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Aramark), Agreement and Plan of Merger (Nordson Corp)
Performance of Obligations of the Company. The Company shall have performed in all material respects all covenants the covenants, agreements and agreements obligations required to be performed by it hereunder under this Agreement at or prior to the Closing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Reven Housing REIT, Inc.), Agreement and Plan of Merger (KBS Strategic Opportunity REIT, Inc.)
Performance of Obligations of the Company. The Company shall have performed or complied with in all material respects all covenants and agreements required by the Agreement to be performed or complied with by it hereunder at or prior to the Closing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Vca Inc), Agreement and Plan of Merger (Heska Corp)
Performance of Obligations of the Company. The Company and the Sellers shall have performed in all material respects all covenants and agreements required to be performed by it hereunder at under this Agreement on or prior to the Closing.Closing Date;
Appears in 1 contract
Samples: Agreement and Plan of Merger (Internet Security Systems Inc/Ga)
Performance of Obligations of the Company. The Company shall have performed in all material respects all covenants and agreements in this Agreement required to be performed by it hereunder at or prior to the ClosingClosing Date.
Appears in 1 contract
Performance of Obligations of the Company. The Company shall must have performed in all material respects all covenants and agreements required to be performed by it hereunder at each of them under this Agreement on or prior to the ClosingClosing Date.
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Performance of Obligations of the Company. The Company shall have ----------------------------------------- performed in all material respects all each of its agreements and covenants and agreements required by this Agreement to be so performed by it hereunder the Company at or prior to the Closing.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Yankee Energy System Inc)
Performance of Obligations of the Company. The Company shall have performed and complied in all material respects with all covenants and agreements required to be performed by it hereunder at under this Agreement on or prior to the ClosingClosing Date.
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Performance of Obligations of the Company. The Company shall will have performed and complied in all material respects all with the covenants and agreements of this Agreement required to be performed and complied with by it hereunder at or prior to the Closing.
Appears in 1 contract
Performance of Obligations of the Company. The Company shall will have performed in all material respects all covenants and agreements required to be performed by it hereunder under this Agreement at or prior to the ClosingClosing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Fusion Connect, Inc.)
Performance of Obligations of the Company. The Company shall have performed in all material respects all the covenants and agreements required to be performed by it hereunder under this Agreement at or prior to the Closing.
Appears in 1 contract
Samples: Asset Purchase Agreement (Renewable Energy Group, Inc.)
Performance of Obligations of the Company. The Company shall have ----------------------------------------- performed in all material respects all covenants and agreements required to be performed by it hereunder at on or prior to the ClosingClosing under this Agreement.
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Performance of Obligations of the Company. The Company shall have performed in all material respects all covenants and agreements obligations required to be performed by it hereunder under this Agreement, in each case, at or prior to before the ClosingClosing Date.
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Performance of Obligations of the Company. The Company shall have performed in all material respects all covenants covenants, agreements and agreements obligations required to be performed by it hereunder under this Agreement at or prior to the ClosingClosing Date (other than the covenants, agreements and obligations set forth in the last sentence of Section 6.1).
Appears in 1 contract
Performance of Obligations of the Company. The Company shall have performed in all material respects all covenants and agreements obligations required to be performed by it hereunder them under this Agreement at or prior to the ClosingClosing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Allied Riser Communications Corp)
Performance of Obligations of the Company. The Company shall will have performed and complied in all material respects with all covenants and agreements obligations in this Agreement required to be performed and complied with by it hereunder at or prior to the Closing.
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Performance of Obligations of the Company. The Company shall have performed performed, in all material respects all respects, its covenants and agreements required to be performed by it hereunder under this Agreement at or prior to the ClosingClosing Date.
Appears in 1 contract
Performance of Obligations of the Company. The Company shall have performed in all material respects all of the covenants and agreements obligations of this Agreement required to be performed and complied with by it hereunder at or prior to the Closing.
Appears in 1 contract
Performance of Obligations of the Company. The Company shall have performed in all material respects all covenants the covenants, agreements and agreements obligations required to be performed by it hereunder under this Agreement at or prior to the ClosingClosing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Forest City Realty Trust, Inc.)
Performance of Obligations of the Company. The Each of the Company and Seller shall have performed in all material respects all covenants covenants, agreements and agreements obligations required to be performed by it hereunder under this Agreement at or prior to the ClosingClosing Date.
Appears in 1 contract
