Common use of Buyer’s Performance Clause in Contracts

Buyer’s Performance. Buyer shall have performed and complied with all covenants and agreements, and satisfied all conditions that it is required by this Agreement to perform, comply with, or satisfy, before or at the Closing.

Appears in 19 contracts

Samples: Asset Purchase Agreement (Proxymed Inc /Ft Lauderdale/), Asset Purchase Agreement (B2Digital, Inc.), Stock Purchase Agreement (Proxymed Inc /Ft Lauderdale/)

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Buyer’s Performance. Buyer shall have performed performed, satisfied, and complied in all material respects with all covenants and material agreements, covenants, and satisfied all conditions that it is required hereby to be performed or complied with by this Agreement to performBuyer on or before the Closing Date, comply withincluding without limitation, or satisfy, before or at payment in full of the ClosingPurchase Price.

Appears in 16 contracts

Samples: Agreement for Purchase and Sale and Escrow Instructions, Agreement for Purchase and Sale and Escrow Instructions, Agreement for Purchase and Sale and Escrow Instructions

Buyer’s Performance. The covenants and obligations that Buyer shall is required to perform or to comply with pursuant to this Agreement at or prior to the Closing will have been duly performed and complied with in all covenants and agreements, and satisfied all conditions that it is required by this Agreement to perform, comply with, or satisfy, before or at the Closingmaterial respects.

Appears in 11 contracts

Samples: Membership Interests Purchase Agreement (Addus HomeCare Corp), Stock Purchase Agreement, Limited Liability Company Membership Interest Purchase Agreement (Cannapharmarx, Inc.)

Buyer’s Performance. Buyer shall have performed and complied with in all material respects the covenants and agreementsagreements that Buyer is required to perform or comply with pursuant to this Agreement at or prior to the Closing, and satisfied all conditions that it is required Sellers shall have received a certificate of Buyer to such effect signed by this Agreement to perform, comply with, or satisfy, before or at the Closinga duly authorized officer thereof.

Appears in 9 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (Sears Holdings Corp), Asset Purchase Agreement (Esl Partners, L.P.)

Buyer’s Performance. Buyer shall have performed and complied with all covenants and agreements, agreements and satisfied all conditions that it is required by this Agreement to perform, comply with, with or satisfy, before or at the Closing.

Appears in 7 contracts

Samples: Agreement for Purchase and Sale of Stock (Modern Medical Modalities Corp), Agreement for Purchase and Sale of Stock (Modern Medical Modalities Corp), Agreement for Purchase and Sale of Assets (Modern Medical Modalities Corp)

Buyer’s Performance. Buyer shall have performed in all material respects performed, satisfied and complied with all covenants covenants, agreements and agreements, and satisfied all conditions that it is required by this Agreement to performbe performed, comply with, satisfied or satisfy, complied with by Buyer on or before or at the ClosingClosing Date.

Appears in 4 contracts

Samples: Share Purchase Agreement (Usaa Real Estate Co), Share Purchase Agreement (American Industrial Properties Reit Inc), Share Purchase Agreement (Usaa Real Estate Co)

Buyer’s Performance. Buyer shall have performed and complied with all covenants and agreements, agreements and satisfied all conditions that it is required by this Agreement agreement to perform, comply with, with or satisfy, satisfy before or at the Closing.

Appears in 3 contracts

Samples: Agreement for Purchase and Sale (Pegasus Wireless Corp), Agreement for Purchase and Sale (Pegasus Wireless Corp), Agreement for Purchase and Sale (Pegasus Wireless Corp)

Buyer’s Performance. Buyer shall have performed and complied with all covenants and agreements, agreements and satisfied all conditions that it is required by this Agreement to perform, comply with, or satisfy, before or at the Closing.

Appears in 3 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Crimson Wine Group, LTD), Agreement for Purchase and Sale (Colmena Corp)

Buyer’s Performance. Buyer shall have performed performed, satisfied and complied with in all material respects all covenants and agreements, and satisfied all conditions that it is agreements required by this Agreement to performbe performed, comply with, satisfied or satisfy, complied with by Buyer on or before or at the ClosingClosing Date.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Cb Bancshares Inc/Hi), Stock Purchase Agreement (Cb Bancshares Inc/Hi), Stock Purchase Agreement (Cb Bancshares Inc/Hi)

Buyer’s Performance. Buyer shall have performed and complied in all material respects with all covenants agreements and agreements, and satisfied all conditions that it is on its part required by this Agreement to perform, comply with, be performed or satisfy, before complied with prior to or at the ClosingClosing Date.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Flowserve Corp), Asset Purchase Agreement (Dreams Inc), Asset Purchase Agreement (Curtiss Wright Corp)

Buyer’s Performance. Buyer shall have performed and complied with in all material respects the covenants and agreementsagreements that Buyer is required to perform or comply with pursuant to this Agreement at or prior to the Closing, and satisfied all conditions that it is required Seller shall have received a certificate of Buyer to such effect signed by this Agreement to perform, comply with, or satisfy, before or at the Closinga duly authorized officer thereof.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Soy Energy, LLC), Membership Interest Purchase Agreement (Green Plains Renewable Energy, Inc.), Membership Interest Purchase Agreement (Green Plains Renewable Energy, Inc.)

Buyer’s Performance. Buyer shall have performed and complied with and performed all of its obligations and covenants and agreements, and satisfied all conditions that it is required by set forth in this Agreement to perform, comply with, or satisfy, before or at the Closing.Agreement; and

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Patriot Transportation Holding Inc), Purchase and Sale Agreement (Patriot Transportation Holding Inc)

Buyer’s Performance. Buyer shall have performed and complied with all covenants and agreements, and satisfied all conditions that it is agreements required by this Agreement to perform, comply with, be performed or satisfy, complied with by Buyer on or before or at the ClosingClosing Date.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Cano Petroleum, Inc), Stock Purchase and Sale Agreement (Terax Energy, Inc.)

Buyer’s Performance. Buyer shall have performed and complied with all covenants and agreements, and satisfied all conditions that it is required by this Agreement to perform, comply with, with or satisfy, before or at on the ClosingClosing Date.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Rimage Corp), Asset Purchase Agreement (Rimage Corp)

Buyer’s Performance. Buyer shall have performed and complied with all covenants and agreements, and satisfied all conditions that it is required by this Agreement agreement to perform, comply with, or satisfy, before or at the Closing.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale (Organic to Go Food CORP), Agreement of Purchase and Sale (Organic to Go Food CORP)

Buyer’s Performance. Buyer shall have performed and complied with all covenants and agreements, agreements and satisfied all conditions that it is required by this Agreement to perform, comply with, with or satisfy, satisfy before or at the Closing.

Appears in 2 contracts

Samples: Agreement (Health Sciences Group Inc), Agreement (Health Sciences Group Inc)

Buyer’s Performance. Buyer shall have performed performed, observed and complied with all covenants agreements and agreements, and satisfied all conditions that it is obligations required by this Agreement to performbe performed, comply withobserved and complied with on its part hereunder. Buyer shall have delivered to Seller such documents and other materials as Seller reasonably may deem necessary to confirm fully such performance, or satisfy, before or at the Closingobservance and compliance.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale, Agreement of Sale (GMH Communities Trust)

Buyer’s Performance. The Buyer shall have performed performed, satisfied and complied in all material respects (without giving duplicative effect to any materiality qualifier set forth in the text of such covenant or agreement) with all covenants and agreements, and satisfied all conditions that it is agreements required by this Agreement to performbe performed, comply withsatisfied or complied with by it at or before the Closing and the Buyer shall have delivered to the Sellers a certificate to that effect, or satisfy, before or at duly executed by an authorized officer of the ClosingBuyer.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Astris Energi Inc), Asset Purchase Agreement (ACME Global Inc.)

Buyer’s Performance. Buyer shall have performed and complied with in all material respects the material covenants and agreementsagreements that Buyer is required to perform or comply with pursuant to this Agreement at or prior to the Closing, and satisfied all conditions that it is required Sellers shall have received a certificate of Buyer to such effect signed by this Agreement to perform, comply with, or satisfy, before or at the Closinga duly authorized officer thereof.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Valeant Pharmaceuticals International, Inc.), Asset Purchase Agreement (Medicis Pharmaceutical Corp)

Buyer’s Performance. The Buyer shall will have performed and complied in all material respects with all covenants and agreements, agreements and satisfied all conditions that which it is required by this Agreement to perform, comply with, with or satisfy, before or at the Closing.

Appears in 1 contract

Samples: Stock Purchase Agreement (Tridex Corp)

Buyer’s Performance. Buyer shall have performed or complied with, in all material respects, all conditions, obligations, agreements and covenants contained herein which are to be performed or complied with all covenants and agreements, and satisfied all conditions that by it is required by this Agreement on or prior to perform, comply with, or satisfy, before or at the Closing.Closing Date;

Appears in 1 contract

Samples: Asset Purchase Agreement (Hylete, Inc.)

Buyer’s Performance. Buyer shall have performed performed, satisfied and complied in all material respects with all covenants covenants, agreements and agreements, and satisfied all conditions that it is required by this Agreement to performbe performed, comply withsatisfied or complied with by Buyer prior to Closing, or satisfyincluding, before or at without limitation, delivery of the Closingitems set forth in Section 5.2 hereof.

Appears in 1 contract

Samples: Beverly Enterprises Inc

Buyer’s Performance. Buyer shall have performed performed, satisfied and complied with all covenants covenants, agreements and agreements, and satisfied all conditions that it which Buyer is required by this Agreement to perform, comply with, or satisfy, satisfy on or before or at the ClosingClosing Date.

Appears in 1 contract

Samples: Assets Purchase Agreement (Tumbleweed Inc)

Buyer’s Performance. Buyer shall have performed and complied with all covenants covenants, agreements and agreementsobligations, and satisfied all conditions that it is required by this Agreement to perform, comply with, or satisfy, before or at the Closing.

Appears in 1 contract

Samples: Asset Purchase Agreement (Neonode, Inc)

Buyer’s Performance. Buyer shall have performed and complied complied, in all material respects, with all covenants and agreements, and satisfied all conditions that other obligations required to have been performed or complied with by it is required by this Agreement prior to perform, comply with, or satisfy, before or at the Closing.

Appears in 1 contract

Samples: Asset Purchase Agreement (Emergent BioSolutions Inc.)

Buyer’s Performance. Buyer shall have performed in all material respects all obligations and agreements and complied in all material respects with all covenants and agreements, and satisfied all conditions that it is required by this Agreement to perform, comply with, be performed or satisfy, before complied with by Buyer prior to or at the Closing.

Appears in 1 contract

Samples: Share Purchase Agreement (Smart & Final Inc/De)

Buyer’s Performance. Buyer shall have performed and complied with all ------------------- covenants and agreements, and satisfied all conditions that it is agreements required by this Agreement to perform, comply with, be performed or satisfy, complied with by Buyer on or before or at the ClosingClosing Date.

Appears in 1 contract

Samples: Stock Purchase Agreement (Bay Harbour Management Lc)

Buyer’s Performance. Buyer shall have performed and complied with all covenants and agreements, agreements and satisfied all conditions that it is required by this Agreement agreement to perform, comply with, or satisfy, satisfy before or at the Closing.

Appears in 1 contract

Samples: Reorganization Agreement (Compressent Corp)

Buyer’s Performance. Buyer shall have performed performed, in all material respects, all of Buyer’s covenants, agreements and complied with all covenants and agreements, and satisfied all conditions that it is obligations required by this Agreement to perform, comply with, be performed at or satisfy, before or at the prior to Closing.

Appears in 1 contract

Samples: Membership Interests Purchase Agreement (Mercantile Bankshares Corp)

Buyer’s Performance. Buyer shall will have performed and complied with all covenants and agreements, agreements and satisfied all conditions that it is required by this Agreement agreement to perform, comply with, or satisfy, before or at the Closing.

Appears in 1 contract

Samples: Franchise Purchase Agreement (San Diego Soccer Development Corp)

Buyer’s Performance. Buyer shall have performed and complied comply with all covenants and agreements, and satisfied all conditions that it is are required by this Agreement to performbe performed, comply complied with, or satisfysatisfied, before or at the Closingclosing date.

Appears in 1 contract

Samples: Engagement Agreement (Surge Global Energy, Inc.)

Buyer’s Performance. Buyer shall have performed and complied complied, in all material respects, with all of its obligations and covenants and agreements, and satisfied all conditions that it is required by under this Agreement to perform, comply with, be performed or satisfy, before complied with by Buyer on or at prior to the ClosingClosing Date.

Appears in 1 contract

Samples: Share and Asset Purchase Agreement (SharpLink Gaming Ltd.)

Buyer’s Performance. The Buyer shall have performed or complied in all material respects with each covenant and complied with all covenants and agreements, and satisfied all conditions obligation that it is required by to perform or comply with pursuant to this Agreement at or prior to perform, comply with, or satisfy, before or at the Closing.

Appears in 1 contract

Samples: Stock Purchase Agreement (Big Flower Holdings Inc/)

Buyer’s Performance. Buyer shall have performed and complied with all the terms, provisions, conditions and covenants and agreements, and satisfied all conditions that it is required by of this Agreement to perform, comply with, be complied with and performed by Buyer at or satisfy, before or at prior to the Closing.;

Appears in 1 contract

Samples: Purchase Agreement (Teltronics Inc)

Buyer’s Performance. Buyer shall have performed and complied with all of its covenants and agreements, and satisfied all conditions of its conditions, set forth in this Agreement that it is required by this Agreement to perform, comply with, or satisfy, satisfy on or before or at the Closing.

Appears in 1 contract

Samples: Agreement of Purchase and Sale of Stock (Hawker Pacific Aerospace)

Buyer’s Performance. Buyer shall have performed performed, satisfied and complied with all covenants covenants, agreements and agreements, and satisfied all conditions that it is required by this Agreement to perform, comply with, be performed or satisfy, complied with by Buyer on or before or at the ClosingClosing Date.

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement (Semper Resources Corp)

Buyer’s Performance. Buyer shall have performed performed, satisfied and complied in all material respects, with all covenants and covenants, agreements, and satisfied all conditions that it is required by this Agreement to perform, comply with, be performed or satisfy, complied with by Buyer on or before or at the ClosingClosing Date.

Appears in 1 contract

Samples: Asset Purchase Agreement (Dynatec International Inc)

Buyer’s Performance. Buyer shall have performed and complied with all ------------------- covenants and agreements, and satisfied all conditions that it is required by this Agreement to perform, comply with, or satisfy, before or at the Closing.

Appears in 1 contract

Samples: Cinemaworks Asset Purchase Agreement (Cinema Internet Networks Inc)

Buyer’s Performance. Buyer shall have performed and or complied in all material respects with all covenants and agreements, and satisfied all conditions that it is obligations required by this Agreement to perform, comply with, be performed or satisfy, before complied with by Buyer on or at prior to the ClosingClosing Date.

Appears in 1 contract

Samples: Stock Purchase Agreement (DealerTrack Holdings, Inc.)

Buyer’s Performance. The Buyer shall have performed and complied with all covenants and agreements, and satisfied all conditions that it is required by this Agreement to perform, comply with, or satisfy, before or at the Closing.

Appears in 1 contract

Samples: Escrow Agreement (U S Trust Corp /Ny)

Buyer’s Performance. Buyer shall must have performed and complied with all covenants and agreements, agreements and satisfied all conditions that it is required by this Agreement to perform, comply with, or satisfy, satisfy before or at the Closingclosing.

Appears in 1 contract

Samples: Agreement for Purchase and Sale of Stock (American Fire Retardant Corp)

Buyer’s Performance. Buyer shall have performed and complied in all material respects with all agreements and covenants and agreements, and satisfied all conditions that it is on its part required by this Agreement to perform, comply with, be performed or satisfy, before complied with prior to or at the ClosingClosing Date.

Appears in 1 contract

Samples: Asset Purchase Agreement (L 3 Communications Corp)

Buyer’s Performance. Buyer Buyers shall have performed and complied with all covenants and agreements, and satisfied all conditions that it is required by this Agreement to perform, comply with, or satisfy, before or at the Closing.

Appears in 1 contract

Samples: Security Agreement (New Frontier Media Inc /Co/)

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Buyer’s Performance. The Buyer shall have performed and complied in all material respects with all covenants covenants, agreements and agreements, and satisfied all conditions that it is required by this Agreement to performbe performed or complied with by it, comply with, or satisfy, before or at and the ClosingBuyer’s representations and warranties shall be true in all material respects as of the Closing Date as if made on the Closing Date.

Appears in 1 contract

Samples: Stock Sale and Purchase Agreement (Nitches Inc)

Buyer’s Performance. Buyer shall have performed performed, observed and complied with all covenants covenants, agreements and agreements, and satisfied all conditions that it is required by this Agreement to performbe performed, comply with, observed and complied with on its part prior to or satisfy, before or at the Closingas of Closing hereunder.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Nobel Learning Communities Inc)

Buyer’s Performance. The Buyer shall have performed and complied in all material respects with all covenants covenants, agreements and agreements, and satisfied all conditions that it is required by this Agreement to perform, comply with, be performed or satisfy, before or at complied with by it and the ClosingBuyer's representations and warranties shall be true in all material respects as of the Closing Date as if made on the Closing Date.

Appears in 1 contract

Samples: Stock Purchase Agreement (Launch Media Inc)

Buyer’s Performance. Buyer shall have performed and complied with all covenants and agreements, agreements and satisfied all conditions that it is required by this Agreement to perform, comply with, or satisfy, satisfy before or at the Closing.

Appears in 1 contract

Samples: Stock Purchase Agreement (Pitt Des Moines Inc)

Buyer’s Performance. Buyer shall have performed and complied in all material respects with all covenants of its covenants, agreements and agreements, and satisfied all conditions that it is required by this Agreement to perform, comply with, or satisfy, before or at obligations hereunder through the ClosingClosing Date.

Appears in 1 contract

Samples: Asset Purchase Agreement (Mdu Communications International Inc)

Buyer’s Performance. Buyer shall have performed and complied in all material respects with all covenants and agreements, obligations and satisfied all conditions that it is required by contained in this Agreement that are required to perform, comply with, be performed or satisfy, complied with by it on or before or at the Closing.

Appears in 1 contract

Samples: Asset Purchase Agreement (Standard Register Co)

Buyer’s Performance. Buyer shall have performed and complied with all covenants agreements and agreements, and satisfied all conditions that it is required by this Agreement to performbe performed, comply or complied with, or satisfy, before by it prior to or at the Closing.

Appears in 1 contract

Samples: Asset Acquisition Agreement (Tenera Inc)

Buyer’s Performance. Buyer shall have performed and complied with all the covenants and agreementsagreements that Buyer is required to perform or comply with pursuant to this Agreement at or prior to the Closing, and satisfied all conditions that it is required Seller shall have received a certificate of Buyer to such effect signed by this Agreement to perform, comply with, or satisfy, before or at the Closinga duly authorized officer thereof.

Appears in 1 contract

Samples: Asset Purchase Agreement

Buyer’s Performance. Buyer shall have performed and complied with all covenants and agreements, and satisfied all conditions that it is required by this Agreement to perform, comply with, perform or satisfy, satisfy before or at the Closing.

Appears in 1 contract

Samples: Agreement for Purchase and Sale (Ivi Communications Inc)

Buyer’s Performance. Buyer shall have performed and complied with satisfied in all material respects all covenants and agreements, and satisfied all conditions that it is required by this Agreement to perform, comply with, or satisfy, before or at the Closing.

Appears in 1 contract

Samples: Stock Purchase Agreement (Toro Co)

Buyer’s Performance. Buyer shall have performed performed, satisfied and complied in all material respects with all material agreements, covenants and agreementsconditions required hereby to be performed or complied with by Buyer on or before the Closing Date, and satisfied all conditions that it is required by this Agreement to performincluding without limitation, comply with, or satisfy, before or at payment in full of the ClosingPurchase Price.

Appears in 1 contract

Samples: Agreement of Purchase and Sale and Escrow Instructions

Buyer’s Performance. Buyer shall have performed and complied in all material respects with all applicable covenants and agreements, and satisfied all conditions that it is agreements required by this Agreement to perform, comply with, be performed or satisfy, before or at the complied with by Buyer prior to Closing.. 7.3

Appears in 1 contract

Samples: Stock Purchase Agreement (Pacificare Halth Systems Inc)

Buyer’s Performance. Buyer shall have performed performed, satisfied and complied with all covenants covenants, agreements and agreements, and satisfied all conditions that it is required by this Agreement to performbe performed, comply withsatisfied, complied with by Buyer on or satisfy, before or at the ClosingClosing Date.

Appears in 1 contract

Samples: Asset Purchase Agreement (Proxymed Inc /Ft Lauderdale/)

Buyer’s Performance. Buyer shall will have performed and complied in all material respects with all of its covenants and agreements, and satisfied all conditions other agreements that it is required by to perform pursuant to this Agreement prior to perform, comply with, the Closing (or satisfy, before or at will have cured any such breach to the Closingextent necessary to satisfy this condition).

Appears in 1 contract

Samples: Asset Purchase Agreement (Southcross Energy Partners, L.P.)

Buyer’s Performance. Buyer shall have performed and complied with all each of its covenants and agreements, and satisfied all conditions that it is agreements required by this Agreement to perform, comply with, be performed or satisfy, before complied with by it prior to or at the ClosingClosing Time.

Appears in 1 contract

Samples: Asset Purchase Agreement (Heartland Wireless Communications Inc)

Buyer’s Performance. Buyer shall have performed in all material respects performed, satisfied and complied with all covenants and agreements, and satisfied all conditions that it is required by this Agreement and all other agreements, documents and instruments executed pursuant hereto to performbe performed, comply with, satisfied or satisfy, complied with by Buyer at or before or at the Closing.

Appears in 1 contract

Samples: Stock Purchase and Sale Agreement (Hispanica International Delights of America, Inc.)

Buyer’s Performance. Buyer shall have performed and complied in all material respects with all the covenants and agreements, and satisfied all conditions that it is required by agreements contained in this Agreement required to perform, comply with, or satisfy, before be performed and complied with by it prior to or at the Closing, except with respect to covenants and agreements containing a materiality qualification, which must be performed in all respects.

Appears in 1 contract

Samples: Asset Purchase Agreement (Insight Health Services Holdings Corp)

Buyer’s Performance. (a) Buyer shall will have performed and complied in all material respects (considered collectively and individually) with all covenants and agreements, and satisfied all conditions agreements that it Buyer is required by to perform or comply with pursuant to this Agreement at or prior to perform, comply with, or satisfy, before or at the Closing.

Appears in 1 contract

Samples: Stock Purchase Agreement (Regal Entertainment Group)

Buyer’s Performance. Buyer shall have duly performed and complied in all material respects with all agreements, covenants and agreements, and satisfied all conditions that it is required by this Agreement to perform, comply with, be performed or satisfy, before complied with by it on or at prior to the ClosingClosing Date.

Appears in 1 contract

Samples: Stock Purchase Agreement (Leonardo DRS, Inc.)

Buyer’s Performance. The Buyer shall have performed and complied with all covenants and agreements, agreements and satisfied all conditions that it is required by this Agreement agreement to perform, comply with, or satisfy, before or at the Closing.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Meadowbrook Rehabilitation Group Inc)

Buyer’s Performance. Buyer shall have performed and complied with all covenants and of the agreements, covenants, and satisfied all conditions that it is required of Buyer by this Agreement to perform, comply with, on or satisfy, before or at the Closing.Closing Date;

Appears in 1 contract

Samples: Asset Purchase Agreement (Chapeau Inc)

Buyer’s Performance. Buyer shall have performed performed, satisfied, and complied with all covenants covenants, agreements and agreements, and satisfied all conditions that it is required by this Agreement to performbe performed, comply withsatisfied, or satisfy, complied with by Buyer on or before or at the ClosingClosing Date.

Appears in 1 contract

Samples: Stock Purchase Agreement (HMS Holdings Corp)

Buyer’s Performance. The Buyer shall have performed performed, satisfied and complied in all material respects (without giving duplicative effect to any materiality qualifier set forth in the text of such covenant or agreement) with all covenants and agreements, and satisfied all conditions that it is agreements required by this Agreement to performbe performed, comply withsatisfied or complied with by it at or before the Closing and the Buyer shall have delivered to the Seller a certificate to that effect, or satisfy, before or at duly executed by an authorized officer of the ClosingBuyer.

Appears in 1 contract

Samples: Asset Purchase Agreement (Astris Energi Inc)

Buyer’s Performance. Buyer shall must have performed and complied with all covenants and agreements, agreements and satisfied all conditions that it is required by this Agreement agreement to perform, comply with, or satisfy, satisfy before or at the Closingclosing.

Appears in 1 contract

Samples: Agreement of Purchase and Sale of Stock (Haps Usa, Inc.)

Buyer’s Performance. Buyer shall have performed and complied in all material respects with all covenants each and agreementsevery covenant, agreement, obligation and satisfied all conditions that condition required to be performed by it is required by this Agreement prior to perform, comply with, or satisfy, before or at on the ClosingClosing Date.

Appears in 1 contract

Samples: Asset Purchase Agreement (Trans Energy Inc)

Buyer’s Performance. Buyer shall have performed and complied in all material respects with all applicable covenants and agreements, and satisfied all conditions that it is agreements required by this Agreement to perform, comply with, be performed or satisfy, before or at the complied with by Buyer prior to Closing.

Appears in 1 contract

Samples: Stock Purchase Agreement (Pacificare Health Systems Inc /De/)

Buyer’s Performance. Buyer shall have performed performed, satisfied and complied with all covenants and covenants, agreements, and satisfied all conditions that it is required by this Agreement to perform, satisfy or comply with, with on or satisfy, before or at the ClosingClosing Date.

Appears in 1 contract

Samples: Asset Purchase Agreement (Mobile Mini Inc)

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