Buyer’s Performance. All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing, and each of these covenants and obligations (considered individually), have been performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 9 contracts
Samples: Stock Purchase Agreement (Aristocrat International Pty LTD), Stock Purchase Agreement (White Gehrig H), Stock Purchase Agreement (White Gehrig H)
Buyer’s Performance. All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the ClosingClosing (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 8 contracts
Samples: Stock Purchase Agreement (BIMI International Medical Inc.), Stock Purchase Agreement (BIMI International Medical Inc.), Stock Purchase Agreement (BIMI International Medical Inc.)
Buyer’s Performance. All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing, and each of these covenants and obligations (considered individually), Closing shall have been performed and complied with in all material respects. Buyer has made the closing deliveries pursuant Seller shall have received a certificate to this Agreement such effect, signed on behalf of Buyer, by its president and the cash payment required to be made pursuant to this Agreementits chief financial officer.
Appears in 6 contracts
Samples: Stock and Asset Purchase Agreement, Stock and Asset Purchase Agreement (Medianews Group Inc), Stock and Asset Purchase Agreement (McClatchy Co)
Buyer’s Performance. All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the ClosingClosing (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. Buyer has must have delivered each of the documents required to be delivered by Buyer pursuant to Section 1.5.2 and must have made the closing deliveries pursuant to this Agreement and the cash payment payments required to be made by Buyer pursuant to this AgreementSection 1.5.2.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Venturi Technologies Inc), Stock Purchase Agreement (Venturi Technologies Inc), Stock Purchase Agreement (Venturi Technologies Inc)
Buyer’s Performance. All Each of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing, and each of these covenants and obligations (considered individually), Closing shall have been performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Lodgenet Entertainment Corp), Asset Purchase Agreement (Lodgenet Entertainment Corp), Stock and Asset Purchase Agreement (Eastman Kodak Co)
Buyer’s Performance. All of the covenants and obligations that the Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the ClosingClosing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Enterprise Financial Services Corp), Agreement and Plan of Merger (Enterprise Financial Services Corp), Agreement and Plan of Merger (Enterprise Financial Services Corp)
Buyer’s Performance. All of the covenants and obligations that Buyer 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 (obligations, considered individually), must have been performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 3 contracts
Samples: Acquisition Agreement, Acquisition Agreement (Eateries Inc), Acquisition Agreement (Eateries Inc)
Buyer’s Performance. All of the covenants and obligations that the Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing, and each of these covenants and obligations (considered individually), have been performed and complied with in all material respects. The Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Pokertek Inc), Stock Purchase Agreement (Aristocrat International Pty LTD)
Buyer’s Performance. a. All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing, and each of these covenants and obligations (considered individually), Closing must have been duly performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Elevate, Inc.), Asset Purchase Agreement (Highland Business Services, Inc.)
Buyer’s Performance. All of the covenants and obligations that Buyer is Buyers are required to perform or to comply with pursuant to this Agreement at or prior to the ClosingClosing (considered collectively), and each of these covenants and obligations (considered individually), shall have been performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Fleetwood Enterprises Inc/De/), Asset Purchase Agreement (Solomon Technologies Inc)
Buyer’s Performance. All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the ClosingClosing (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreementwith.
Appears in 2 contracts
Samples: Membership Interest Purchase Agreement (Techteam Global Inc), Purchase Agreement (Thermo Vision Corp)
Buyer’s Performance. All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing, and each of these covenants and obligations (considered individually), Closing shall have been performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 2 contracts
Samples: Membership Interest Purchase Agreement (Bob Evans Farms Inc), Asset Purchase Agreement (MGP Ingredients Inc)
Buyer’s Performance. All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing, and each of these covenants and obligations (considered individually), Closing Date must have been duly performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 2 contracts
Samples: Stock Transfer Agreement (CHS Inc), Stock Transfer Agreement (CHS Inc)
Buyer’s Performance. (a) All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the ClosingClosing (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. (b) Buyer has made must have delivered each of the closing deliveries pursuant to this Agreement documents and the cash payment other items required to be made delivered by Buyer pursuant to this AgreementSection 2.4.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Kupper Parker Communications Inc), Stock Purchase Agreement (Kupper Parker Communications Inc)
Buyer’s Performance. All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing, individually and each of these covenants and obligations (considered individually)in the aggregate, must have been duly and fully performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment Each document, agreement, instrument or certificate required to be made pursuant to this Agreementexecuted and/or delivered by Buyer shall have been duly executed and/or delivered, as applicable.
Appears in 2 contracts
Samples: Stock Subscription Agreement (Probe Manufacturing Inc), Stock Subscription Agreement (Probe Manufacturing Inc)
Buyer’s Performance. All Each of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing, and each of these covenants and obligations (considered individually), Closing must have been duly performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 2 contracts
Samples: Purchase Agreement (Protech Home Medical Corp.), Purchase Agreement (Protech Home Medical Corp.)
Buyer’s Performance. All of the covenants and obligations that Buyer is required to perform perform, or to comply with with, pursuant to this Agreement at or prior to the Closing, and each of these covenants and obligations (considered individually), Closing shall have been duly performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.;
Appears in 2 contracts
Samples: Asset Purchase Agreement (Accelerize New Media Inc), Asset Purchase Agreement (Lubrizol Corp)
Buyer’s Performance. All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the ClosingClosing (considered collectively), and each of these covenants and obligations (considered individually), shall have been duly performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Compucredit Corp), Asset Purchase Agreement (Russ Berrie & Co Inc)
Buyer’s Performance. All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the ClosingClosing (considered collectively), and each of these covenants and obligations (considered individually), shall have been performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreementsubstantially performed.
Appears in 1 contract
Buyer’s Performance. All of the covenants and obligations that the Buyer is required to perform or to comply with pursuant to this Agreement at on or prior to the ClosingClosing Date (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 1 contract
Samples: Employment Agreement (Natrol Inc)
Buyer’s Performance. All of the covenants and obligations that Buyer is and Guarantor are required to perform or to comply with pursuant to this Agreement at or prior to the ClosingClosing (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 1 contract
Buyer’s Performance. All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the ClosingClosing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 1 contract
Buyer’s Performance. All of the covenants covenants, agreements and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the ClosingClosing (considered collectively), and each of these covenants and obligations (considered individually), shall have been performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 1 contract
Samples: Asset Purchase Agreement (Chanticleer Holdings, Inc.)
Buyer’s Performance. All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the ClosingClosing (considered collectively), and each of these covenants and obligations (considered individually), shall have been performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreementwith.
Appears in 1 contract
Samples: Asset Purchase Agreement (Cabot Microelectronics Corp)
Buyer’s Performance. All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the ClosingClosing (considered collectively), and each of these covenants and obligations (considered individually), have been performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 1 contract
Buyer’s Performance. All of the covenants and obligations that Buyer is and Isonics are required to perform or to comply with pursuant to this Agreement at or prior to the ClosingClosing (considered collectively), and each of these covenants and obligations (considered individually), shall have been performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 1 contract
Buyer’s Performance. All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (to the extent such matters can be done prior to Closing, and if not, within a reasonable period of time after Closing), including the delivery of all documents pursuant to Section 3(c)(ii) at or prior to Closing, and each of these such covenants and obligations (considered individually), shall have been duly performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 1 contract
Buyer’s Performance. All Each of the covenants and obligations that the Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing, and each of these covenants and obligations (considered individually), Closing must have been performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 1 contract
Buyer’s Performance. All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to under this Agreement at or prior to before the ClosingClosing (considered collectively), and each of these covenants and obligations (considered individually), shall have been performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 1 contract
Buyer’s Performance. All of the covenants and obligations that Buyer is ------------------- required to perform or to comply with pursuant to this Agreement at or prior to the Closing, Closing (considered collectively) and each of these covenants and obligations (considered individually), must have been performed and complied compiled with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 1 contract
Buyer’s Performance. All of the covenants covenants, obligations and obligations agreements that Buyer is required to perform or to comply with pursuant to under this Agreement at or prior to before the Closing, and each of these covenants and obligations (considered individually), Closing will have been duly performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 1 contract
Buyer’s Performance. All of the The covenants and obligations that Buyer is ------------------- required to perform or to comply with pursuant to this Agreement at or prior to the Closing, and each of these covenants and obligations (considered individually), Closing must have been performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 1 contract
Samples: Asset Purchase Agreement (Entravision Communications Corp)
Buyer’s Performance. All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing, and each of these covenants and obligations (considered individually), Closing must have been fully performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 1 contract
Buyer’s Performance. All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the ClosingClosing (considered collectively), and each of these the covenants and obligations (considered individually), shall have been duly performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 1 contract
Buyer’s Performance. All of the covenants Covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the ClosingClosing (considered collectively), and each of these covenants Covenants and obligations (considered individually), must have been performed and complied with in all material respects. Buyer has made respects as confirmed in a certificate signed by the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this AgreementBuyer.
Appears in 1 contract
Samples: Asset Purchase Agreement (Bacterin International Holdings, Inc.)
Buyer’s Performance. All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the ClosingClosing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in with, and Buyer shall have tendered delivery of all material respects. Buyer has made the closing deliveries pursuant to this Agreement items and the cash payment payments that it is required to be made pursuant to this Agreementdeliver at the Closing.
Appears in 1 contract
Samples: Asset Purchase Agreement (United Fuel & Energy Corp)
Buyer’s Performance. All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the ClosingClosing (considered collectively), and each of these covenants and obligations (considered individually), including the deliverables set forth in Section 2.7, shall have been performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 1 contract
Buyer’s Performance. All of the covenants and obligations that Buyer is ------------------- the Buyers are required to perform or to comply with pursuant to this Agreement at or prior to the ClosingClosing (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 1 contract
Samples: Assumption Agreement (National Golf Properties Inc)
Buyer’s Performance. All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the ClosingClosing (considered collectively), and each of these covenants and obligations (considered individually), shall have been performed and complied with in all material Material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 1 contract
Buyer’s Performance. 7.2.1 All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the ClosingClosing (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 1 contract
Samples: Stock Purchase Agreement (Fields Aircraft Spares Inc)
Buyer’s Performance. All of the covenants and obligations that Buyer is Buyers are required to perform or to comply with pursuant to this Agreement at or prior to the ClosingClosing (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. Buyer has Buyers must have made or caused to be made the closing deliveries pursuant to this Agreement and the cash payment required to be made by Buyers pursuant to this AgreementSection 2.4(b).
Appears in 1 contract
Samples: Stock Purchase Agreement (Firearms Training Systems Inc)
Buyer’s Performance. 7.2.1.1 All of the covenants and obligations that the Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the ClosingClosing (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 1 contract
Samples: Share Purchase Agreement (Vantage Energy Services, Inc.)
Buyer’s Performance. i. All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the ClosingClosing (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.; and
Appears in 1 contract
Samples: Stock Purchase Agreement (Aerolink International Inc)
Buyer’s Performance. All of the covenants and obligations that Buyer ------------------- is required to perform or to comply with pursuant to this Agreement at or prior to the ClosingClosing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 1 contract
Samples: Purchase Agreement (Commercial Aggregates Transportation & Sales LLC)
Buyer’s Performance. All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the ClosingClosing (considered collectively), and each of these covenants and obligations (considered individually), shall have been performed and complied with in all material respects. Without limiting the generality of the foregoing, Buyer has made shall have tendered payment of the closing deliveries pursuant to this Agreement and Purchase Price in the cash payment manner required to be made pursuant to under this Agreement.
Appears in 1 contract
Samples: Asset Purchase Agreement (Regal Entertainment Group)
Buyer’s Performance. All (a) Each of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing, and each of these covenants and obligations (considered individually), Closing must have been performed and complied with in all material respects. respects and Buyer has made shall deliver an officer's certificate certifying such at the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this AgreementClosing.
Appears in 1 contract
Samples: Supply Agreement (Aldila Inc)
Buyer’s Performance. All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the ClosingClosing (considered collectively), and each of these covenants and obligations (considered individually), shall have been performed and complied with in all material respects. Without limiting the generality of the foregoing, Buyer has made shall have tendered payment of the closing deliveries pursuant to this Agreement and Merger Consideration in the cash payment manner required to be made pursuant to under this Agreement.
Appears in 1 contract
Buyer’s Performance. All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the ClosingClosing (considered collectively), and each of these covenants and obligations (considered individually), shall have been duly performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 1 contract
Buyer’s Performance. All of the covenants and or obligations that Buyer is required to perform or to comply with pursuant to under this Agreement at on or prior to before the Closing, and each of these covenants and obligations Closing Date (considered both collectively and individually), ) will have been performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 1 contract
Samples: Stock Purchase Agreement (Internet Initiative Japan Inc)
Buyer’s Performance. All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Master Purchase Agreement at or prior to the ClosingClosing (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. Buyer has made the closing deliveries pursuant to this Agreement and the cash payment required to be made pursuant to this Agreement.
Appears in 1 contract
Samples: Membership Interest and Stock Purchase Agreement (Chase Corp)
