Common use of Seller’s Performance Clause in Contracts

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 must have been performed and complied with in all respects.

Appears in 11 contracts

Sources: Equity Purchase Agreement (Zumiez Inc), Stock Purchase Agreement (Pharmaceutical Product Development Inc), Stock Purchase Agreement (Tel Instrument Electronics Corp)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are Seller is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 1.3 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 Section 4 must have been performed and complied with in all material respects.

Appears in 8 contracts

Sources: Stock Purchase Agreement (Bill Gross Idealab Inc), Stock Purchase Agreement (Bill Gross Idealab Inc), Stock Purchase Agreement (Bill Gross Idealab Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 must have been performed and complied with in all respects.

Appears in 7 contracts

Sources: Stock Purchase Agreement (Encore Medical Corp), Stock Purchase Agreement (Morrison Health Care Inc), Stock Purchase Agreement (C & F Financial Corp)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections [5.4 and 5.8 5.8] must have been performed and complied with in all respects.

Appears in 4 contracts

Sources: Stock Purchase Agreement, Stock Purchase Agreement, Stock Purchase Agreement

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document . Seller must have delivered each of the documents required to be delivered by Seller pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 must have been performed and complied with in all respects1.5.1.

Appears in 4 contracts

Sources: Stock Purchase Agreement (Venturi Technologies Inc), Stock Purchase Agreement (Venturi Technologies Inc), Stock Purchase Agreement (Venturi Technologies Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers Seller are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 must have been performed and complied with in all respects.

Appears in 3 contracts

Sources: LLC Ownership Interest Purchase Agreement (Vystar Corp), LLC Ownership Interest Purchase Agreement (Vystar Corp), Stock Purchase Agreement (Master Graphics Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document Seller must have delivered each of the documents required to be delivered by such Seller pursuant to Section 2.4 must have been delivered1.4, and each of the other covenants and obligations in Sections 5.4 4.4 and 5.8 4.8 must have been performed and complied with in all respects.

Appears in 3 contracts

Sources: Stock Purchase Agreement (Morton Industrial Group Inc), Stock Purchase Agreement (Morton Industrial Group Inc), Stock Purchase Agreement (Morton Industrial Group Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers and the Company are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 must have been performed and complied with in all respects.

Appears in 2 contracts

Sources: Employment Agreement (Sona Development Corp), Stock Purchase and Shareholders' Agreement (Sibling Entertainment Group, Inc.)

Seller’s Performance. (a) All of the covenants and obligations that Sellers the Sellers, or any of them, are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these such covenants and obligations (considered individually), must shall have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 must 2.6(a) shall have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 must have been performed and complied with in all respects.

Appears in 2 contracts

Sources: Purchase Agreement (Atlas Industries Holdings LLC), Purchase Agreement (Atlas Industries Holdings LLC)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant by the Sellers to Section 2.4 must have been delivered, and each of the other covenants and obligations of the Sellers in Sections 5.4 and 5.8 this Agreement must have been performed and complied with in all respects.

Appears in 2 contracts

Sources: Stock Purchase Agreement (NHP Inc), Stock Purchase Agreement (WMF Group LTD)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 6.4 and 5.8 6.8 must have been performed and complied with in all respects.

Appears in 2 contracts

Sources: Stock Purchase Agreement (American Resources & Development Co), Stock Purchase Agreement (American Resources & Development Co)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 5.4, 5.6 and 5.8 must have been performed and complied with in all respects.

Appears in 2 contracts

Sources: Stock Purchase Agreement (Wireless Ronin Technologies Inc), Stock Purchase Agreement (James River Coal CO)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections Section 5.4 and 5.8 must have been performed and complied with in all respects.

Appears in 2 contracts

Sources: Stock Purchase Agreement (Peak Resorts Inc), Stock Purchase Agreement (Master Graphics Inc)

Seller’s Performance. (ai) All of the covenants and obligations that the Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. . (bii) Each document required to be delivered pursuant to Section 2.4 1.6 hereof must have been delivered, and each of the other covenants and obligations in Sections 5.4 4.4, 4.6, 4.7, 4.8, and 5.8 4.10 hereof must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock and Real Estate Purchase Agreement (American Locker Group Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing or at or prior to the FCC Approval Date (considered collectively), ) and each of these covenants and obligations (considered individually), ) must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 5.2 and 5.8 5.5 must have been performed and complied with in all material respects.

Appears in 1 contract

Sources: Purchase Agreement (VDC Communications Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections Section 5.4 and 5.8 Section 5.10 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (Maverick Tube Corporation)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are each Seller is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 1.3 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 Section 4 must have been performed and complied with in all material respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (Bill Gross Idealab Inc)

Seller’s Performance. (a) 7.2.1. All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) 7.2.2. Each document required to be delivered by Sellers pursuant to Section 2.4 2.5 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 Section 5 must have been performed and complied with in all material respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (Svi Holdings Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) with. Each document required to be delivered pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (Hemacare Corp /Ca/)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are Seller is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 Section 5.5 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Agreement and Plan of Reorganization (Dynamic Health Products Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 2.5 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 must have been performed and complied with in all material respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (Home Products International Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are Seller is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (Isg Resources Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) . Each document required to be delivered pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (South Financial Group Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Purchase Agreement (Allis Chalmers Corp)

Seller’s Performance. (aA) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock and Asset Purchase Agreement (SFX Entertainment Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 2.3 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 Section 4 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (Independence Holding Co)

Seller’s Performance. (a) All of the covenants and obligations that Sellers Seller are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 2.6 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock Exchange Agreement (American Resources & Development Co)

Seller’s Performance. (a) 7.2.1. All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) 7.2.2. Each document required to be delivered pursuant to Section 2.4 2.3 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Acquisition Agreement (Carnegie International Corp)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are Seller is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 1.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 5.3, 5.5 and 5.8 5.7 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Membership Interests Purchase Agreement (Cal Maine Foods Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (Qad Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 must have been delivereddelivered (including the Employment Agreements), and each of the other covenants and obligations in Sections 5.4 and 5.8 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (Kimberton Enterprises Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing Date (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 SECTION 1.9 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 SECTIONS 4.6 AND 4.9 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (Group 1 Automotive Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. . (b) Each document required to be delivered pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (Vernitron Corp)

Seller’s Performance. (a) All of the covenants and obligations that Sellers Sellers, the Holding Corporation, and the Company are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections Section 5.4 and 5.8 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (Nationsrent Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers or the Acquired Companies are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 Section 8 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock and Partnership Interest Purchase Agreement (Ambi Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered by or on behalf of the Sellers pursuant to this Agreement (including without limitation, each of the deliveries described in Section 2.4 (a) of this Agreement) must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (CSS Industries Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 2.5 must have been delivered, delivered and each of the other covenants and obligations in Sections 5.4 and 5.8 Article 5 must have been performed and complied with in all material respects.

Appears in 1 contract

Sources: Asset Purchase Agreement (Direct Focus Inc)

Seller’s Performance. (a) All of the covenants and obligations that the Company and/or Sellers (including Sellers’ Representative) are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 8.6 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (Curative Health Services Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), ) and each of these covenants and obligations (considered individually), must ) shall have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to this Section 2.4 must 4 shall have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (Ansoft Corp)

Seller’s Performance. (a) All of the covenants and obligations that Sellers and Shareholders are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document Sellers and the Shareholders must have delivered each of the documents required to be delivered by them pursuant to Section 2.4 must have been delivered23(a), and each of the other covenants and obligations in Sections 5.4 10.2 and 5.8 10.3, must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Asset Purchase Agreement (Allis Chalmers Corp)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are Company is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Share Exchange Agreement (Isecuretrac Corp)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered by the Sellers pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Equity Interest Purchase Agreement (Coleman Cable, Inc.)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are Seller is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections Section 5.4 and 5.8 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (Rollins Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these such covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 this Agreement must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (Integrated Communication Networks Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section Sections 2.4 and 7.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 must have been performed and complied with in all material respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (Edo Corp)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing Date (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 SECTION 1.4(A) must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 SECTIONS 4.6 AND 4.9 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (Group 1 Automotive Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are Seller is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 5.2 and 5.8 5.3 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (Scholastic Corp)

Seller’s Performance. (a) a. All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) b. Each document required to be delivered pursuant to Section 2.4 2.7 must have been delivered, and each of the other covenants and obligations in Sections Section 5.4 and 5.8 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Acquisition Agreement (Carnegie International Corp)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document . Sellers must have delivered each of the documents required to be delivered by Sellers pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 must have been performed and complied with in all respects1.5.1.

Appears in 1 contract

Sources: Stock Purchase Agreement (Venturi Technologies Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section Sections 2.4 through 2.7 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (United Shields Corp/Oh/)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered by Sellers pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (Master Graphics Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section Sections 2.4 and 3.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 5.4, 5.7, 5.8, 5.9, 5.10 and 5.8 5.11 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (Courier Corp)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section Paragraph 2.4 must have been delivered, and each of the other covenants and obligations in Sections Paragraphs 5.4 and 5.8 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (Exco Resources Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered by Sellers pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (Encore Medical Corp)

Seller’s Performance. (a) All of the covenants and obligations that Sellers Seller and CML are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 this Agreement must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 herein must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Asset Purchase and Sale Agreement (Wpi Group Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 2.7 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 Section 5 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (Crocs, Inc.)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 2.5 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 Article V must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (Advancepcs)

Seller’s Performance. (a) A. All of the covenants and obligations that Sellers are Seller is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) B. Each document required to be delivered pursuant to Section 2.4 2.5 must have been delivered, and each of the other covenants and obligations in Sections 5.4 5.1 and 5.8 5.3 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Member's Interest Purchase Agreement (Pan Pacific Retail Properties Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects.. 37 (b) Each document required to be delivered pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (Log on America Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing Date (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 SECTION 1.4(a) must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 SECTIONS 4.6 AND 4.9 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (Group 1 Automotive Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these the covenants and obligations (considered individually), must have been duly fully performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 Section 5 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (Speizman Industries Inc)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document certificate required to be delivered pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 and 5.8 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (Commercial National Financial Corp /Pa)

Seller’s Performance. (a) All of the covenants and obligations that Sellers are Seller is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. (b) Each document required to be delivered pursuant to Section 2.4 must have been delivered, and each of the other covenants and obligations in Sections 5.4 5.4, 5.8, 6.5 and 5.8 6.6 must have been performed and complied with in all respects.

Appears in 1 contract

Sources: Stock Purchase Agreement (API Nanotronics Corp.)