Performance of Seller’s Obligations. Seller will have fully performed all commitments required by this Agreement to be performed prior to Closing, except for those which, in the aggregate are not Material, and will have tendered at the Closing the documents required in Section 3.01(a) and (c).
Appears in 2 contracts
Samples: Asset Sale and Purchase Agreement (Worthington Foods Inc /Oh/), Asset Sale and Purchase (Zila Inc)
Performance of Seller’s Obligations. Seller and Seller's Affiliates will have fully performed all commitments required by this Agreement to be performed prior to Closing, except for those which, in the aggregate are not Material, and will have tendered at the Closing the documents required in Section 3.01(a) and (c).
Appears in 1 contract
Performance of Seller’s Obligations. Seller will have fully performed all All commitments required by this Agreement to be performed by Seller prior to Closing, except for those which, in the aggregate are not Material, and Closing will have tendered been performed in all material respects by Seller and Seller will have delivered at the Closing the documents required in Section by Sections 3.01(a) and (c).
Appears in 1 contract
Samples: Asset Sale and Purchase Agreement (Interactive Data Corp/Ma/)
Performance of Seller’s Obligations. Seller will have fully performed all commitments required by this Agreement to be performed prior to Closing, except for those which, in the aggregate are where not Material, and will have tendered at the Closing Closing, the documents required in Section 3.01(a) and (c).
Appears in 1 contract
Samples: Asset Sale and Purchase Agreement (Outsourcing Services Group Inc)