Buyer’s Performance. Each covenant and agreement that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have been duly performed and complied with in all material respects (except those covenants and agreements that are qualified as to materiality or similar expressions shall have been duly performed and complied with in all respects), and Sellers shall have received a certificate of Buyer to such effect signed by a duly authorized officer thereof.
Appears in 2 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (Rex Energy Corp)
Buyer’s Performance. Each covenant The covenants and agreement obligations that Buyer is Buyer, Intermediate Holdings and Merger Sub are required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have been duly performed and complied with in all material respects (except those covenants and agreements that are qualified as to materiality or similar expressions shall have been duly performed and complied with in all respects), and Sellers Company shall have received a certificate of from Buyer to such effect signed by a duly authorized officer thereof.
Appears in 2 contracts
Samples: Contribution and Merger Agreement, Contribution and Merger Agreement (American Renal Associates LLC)
Buyer’s Performance. Each covenant The covenants and agreement agreements that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have been duly performed and complied with in all material respects (except that those covenants and agreements that are qualified as to materiality or Material Adverse Effect similar expressions shall have been duly performed and complied with in all respects), and Sellers Seller shall have received a certificate of Buyer to such effect signed by a duly authorized officer thereof.
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Buyer’s Performance. Each covenant (i) All of the covenants and agreement obligations that the Buyer is and the Merger Sub are required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall must have been duly performed and complied with in all material respects (except those covenants and agreements that are qualified as to materiality or similar expressions shall have been duly performed and complied with in all respects), and Sellers with. Each Majority Stockholder shall have received a certificate signed by an officer of the Buyer (on behalf of the Buyer) and an officer of the Merger Sub (on behalf of the Merger Sub) to such effect signed by a duly authorized officer thereofeffect.
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Buyer’s Performance. Each covenant The covenants and agreement agreements that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have been duly performed and complied with in all material respects (except those covenants and agreements that are qualified as to materiality or similar expressions shall have been duly performed and complied with in all respects), and Sellers shall have received a certificate of Buyer to such effect signed by a duly authorized officer representative thereof.
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Buyer’s Performance. Each covenant The covenants and agreement obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have been duly performed and complied with in all material respects (except that those covenants and agreements that obligations which are qualified as to material, materiality or similar expressions expressions, or are subject to the same or similar type exceptions, shall have been duly performed and complied with in all respects), and Sellers the Company shall have received a certificate of from the Buyer to such effect signed by a duly authorized officer thereof.
Appears in 1 contract
Samples: Asset Purchase Agreement (Trans World Entertainment Corp)
Buyer’s Performance. Each covenant The covenants and agreement agreements that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have been duly performed and complied with in all material respects (except that those covenants and agreements that are qualified as to materiality Table of Contents or similar expressions shall have been duly performed and complied with in all respects), and Sellers shall have received a certificate of Buyer to such effect signed by a duly authorized officer thereof.
Appears in 1 contract
Samples: Asset Purchase Agreement (Quicksilver Resources Inc)
Buyer’s Performance. Each covenant The covenants and agreement agreements that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have been duly performed and complied with in all material respects (except that those covenants and agreements that are qualified as to materiality or similar expressions shall have been duly performed and complied with in all respects), and Sellers shall have received a certificate of Buyer to such effect signed by a duly authorized officer thereofeffect.
Appears in 1 contract
Samples: Asset Purchase Agreement (Lightyear Network Solutions, Inc.)
Buyer’s Performance. Each covenant The covenants and agreement agreements that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have been duly performed and complied with in all material respects (except that those covenants and agreements that are qualified as to materiality or similar expressions shall have been duly performed and complied with in all respects), and Sellers Seller shall have received a certificate of Buyer to such effect signed by a duly authorized officer thereof.
Appears in 1 contract
Samples: Asset Purchase Agreement
Buyer’s Performance. Each covenant The covenants and agreement agreements that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have been duly performed and complied with in all material respects (except that those covenants and agreements that are qualified as to materiality or similar expressions shall have been duly performed and complied with in all respects), and Sellers shall have received a certificate of Buyer to such effect signed by a duly authorized officer thereof.
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Buyer’s Performance. Each covenant The covenants and agreement obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have been duly performed and complied with in all material respects (except that those covenants and agreements that obligations which are qualified as to materiality material, materiality, Material Adverse Effect or similar expressions expressions, or are subject to the same or similar type exceptions, shall have been duly performed and complied with in all material respects), and Sellers shall have received a certificate of from Buyer to such effect signed by a duly authorized officer officers thereof.
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