Common use of Buyer’s Performance Clause in Contracts

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 (considered individually), must have been performed and complied with in all material respects. Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 5.3 and must have made the payments required to be made by Buyer pursuant to Sections 2.3, 2.4, 5.4 and 5.5.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Alexander & Baldwin, Inc.), Purchase and Sale Agreement (Alexander & Baldwin, Inc.)

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Buyer’s Performance. 8.2.1 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 Closing (considered collectively), and each of these covenants and obligations, other than the obligations under Section 6.4 (considered individually), must have been performed and complied with in all material respects. Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 5.3 and must have made the payments required to be made by Buyer pursuant to Sections 2.3, 2.4, 5.4 and 5.5.

Appears in 1 contract

Samples: Share Purchase Agreement (Chiquita Brands 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 Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 5.3 2.4 and must have made the payments cash payment required to be made by Buyer pursuant to Sections 2.3, 2.4, 5.4 and 5.5Section 2.4(b)(i).

Appears in 1 contract

Samples: Stock Purchase Agreement (Allis Chalmers Corp)

Buyer’s Performance. All of the 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 (considered collectively), and each of these covenants and obligations (considered individually)Closing, must have been performed and complied with in all material respects. The Buyer must have delivered each of the documents document required to be delivered by the Buyer pursuant to Section 5.3 Sections 1.4.2(b) and 1.4.2(c) and must have made the payments Estimated Payment required to be made by the Buyer pursuant to Sections 2.3, 2.4, 5.4 and 5.5Section 1.4.2(a).

Appears in 1 contract

Samples: Stock Purchase Agreement (Fremont General 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 (considered individually), must have been performed and complied with in all material respects. Buyer must have delivered each Consents Each of the documents required to be delivered by Buyer pursuant to Section 5.3 Consents identified in Schedule 5.2.3 have been obtained and must have made the payments required to be made by Buyer pursuant to Sections 2.3, 2.4, 5.4 are in full force and 5.5effect.

Appears in 1 contract

Samples: Development Asset Acquisition Agreement

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 Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. Buyer Buyers must have delivered each of the documents required to be delivered by Buyer Buyers pursuant to Section 5.3 2.6(b) and must have made the cash payments as required to be made by Buyer pursuant to Sections 2.3Section 2.6(b), 2.4, 5.4 and 5.5each of the other covenants and obligations in Section6 must have been performed and complied with in all respects.

Appears in 1 contract

Samples: Asset Purchase Agreement (Top Air Manufacturing 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 5.3 2.4 and must have made the payments required to be made by Buyer pursuant to Sections 2.3, 2.4, 5.4 2.4(b)(i) and 5.52.4(b)(ii).

Appears in 1 contract

Samples: Share Purchase Agreement (Global Gold 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 (considered individually), must have been performed and complied with in all material respects. Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 5.3 1.5.2 and must have made the payments cash payment required to be made by Buyer pursuant to Sections 2.3, 2.4, 5.4 and 5.5Section 1.2.

Appears in 1 contract

Samples: Stock Purchase Agreement (Venturi Technologies 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 Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. Buyer Buyers must have delivered each of the documents required to be delivered by Buyer Buyers pursuant to Section 5.3 2.6(b) and must have made the cash payments as required to be made by Buyer pursuant to Sections 2.3Section 2.6(b), 2.4, 5.4 and 5.5each of the other covenants and obligations in Section 6 must have been performed and complied with in all respects.

Appears in 1 contract

Samples: Asset Purchase Agreement (Owosso Corp)

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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 (considered individually), must have been performed and complied with in all material respects. Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 5.3 and must have made the payments required to be made by Buyer pursuant to Sections 2.3, 2.4, 5.4 and 5.5.

Appears in 1 contract

Samples: Stock Purchase Agreement (South Financial Group Inc)

Buyer’s Performance. All of the covenants and obligations that Buyer is and its Guarantors 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. Buyer must have delivered each of the documents Each document required to be delivered by Buyer pursuant to Section 5.3 and 4 must have made the payments required to be made by Buyer pursuant to Sections 2.3, 2.4, 5.4 and 5.5been delivered.

Appears in 1 contract

Samples: Purchase Agreement (Nevada Gold & Casinos 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 Date (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 5.3 and must have made the payments required to be made by Buyer pursuant to Sections 2.3, 2.4, 5.4 and 5.5SECTION 1.4(b).

Appears in 1 contract

Samples: Stock Purchase Agreement (Group 1 Automotive Inc)

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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 5.3 2.8 and must have made the cash payments required to be made by Buyer pursuant to Sections 2.3, 2.4, 5.4 and 5.5Section 2.8(b)(i).

Appears in 1 contract

Samples: Asset Purchase Agreement (Schnitzer Steel Industries 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 (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects. Buyer must have delivered each of the documents required to be delivered by Buyer pursuant to Section 5.3 2.4 and must have made the payments performed all actions required to be made by Buyer pursuant to Sections 2.3, 2.4, 5.4 and 5.52.4(b).

Appears in 1 contract

Samples: 1 Stock Purchase Agreement (Allis Chalmers Corp)

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