Common use of Performance of Obligations of the Company Clause in Contracts

Performance of Obligations of the Company. The Company shall have performed in all material respects each of the obligations, and complied in all material respects with each of the agreements and covenants, required to be performed by, or complied with by, it under this Agreement at or prior to the Closing, provided that the Company shall have performed in all respects the obligations, and complied in all respects with the agreements and covenants, required to be performed by, or complied with by, it under Section 5.1(c)(xiii)(A) of this Agreement at or prior to the Closing;

Performance of Obligations of the Company. The Company shall have (i) performed in all material respects each of the obligations, and or complied in all material respects with each of the all agreements and covenants, covenants required to be performed by, or complied with by, it by the Company under this Agreement at or prior to the Closing, provided that as applicable, except for the Company shall have covenants and agreements set forth in Section 5.1(a)(ii); and (ii) performed in all respects the obligations, and or complied in all respects (except for de minimis failures to comply) with the all agreements and covenants, required to be performed by, or complied with by, it under covenants set forth in Section 5.1(c)(xiii)(A) of this Agreement at or prior to the Closing;5.1(a)(ii).

Performance of Obligations of the Company. The Company shall have complied with or performed in all material respects each of the obligations, covenants and complied in all material respects with each of obligations that the agreements and covenants, Company is required to be performed by, comply with or complied with by, it to perform under this Agreement at or prior to the ClosingEffective Time; provided, provided that that, with respect to the covenants set forth in Section 6.18 and Section 6.19, respectively, the Company shall have performed be deemed to be in all respects the obligations, and complied in all respects compliance with the agreements and covenants, required to be performed by, or complied with by, it under Section 5.1(c)(xiii)(A) foregoing provisions of this Agreement at Section 7.2(b) unless the Company has Willfully Breached its covenants set forth in Section 6.18 or prior to the Closing;Section 6.19.

Performance of Obligations of the Company. The Other than the covenants, obligations and conditions set forth in Section 6.18, the Company shall have performed in all material respects each of the obligations, and complied in all material respects with each of the agreements and covenants, obligations and conditions of this Agreement required to be performed by, or and complied with by, by it under this Agreement at or prior to the Closing, provided that the Company shall have performed in all respects the obligations, and complied in all respects with the agreements and covenants, required to be performed by, or complied with by, it under Section 5.1(c)(xiii)(A) of this Agreement at or prior to the Closing;.

Performance of Obligations of the Company. The Company shall have performed in all material respects each of performed or complied with the obligations, covenants and complied agreements contained in all material respects with each of the agreements and covenants, required this Agreement to be performed by, or complied with by, by it under this Agreement at or prior to or on the Closing, Closing Date; provided that the Company shall have performed in all respects the obligations, and complied in all respects with the agreements and covenants, required to be performed by, or complied with by, it under the covenants and agreements set forth in (i) Section 5.1(c)(xiii)(A) of this Agreement at or 7.15 prior to or on the Closing;Closing (except with respect to Section 7.15 any failure to perform or comply that is de minimis in nature) and (ii) Section 6.2(c).

Performance of Obligations of the Company. (i) The Company shall have performed or complied with in all material respects each of the obligations, covenants and complied in all material respects with each of the agreements and covenants, required to be performed by, or complied with by, by it under this Agreement at or prior to the ClosingEffective Time, provided that and (ii) the Company shall have performed or complied with in all respects the obligationscovenants and agreements set forth in Section 5.1(b)(xviii) and Section 5.1(b)(xx) and, and complied in all respects with the agreements and covenantsas it relates to Section 5.1(b)(xviii) or Section 5.1(b)(xx), required to be performed by, or complied with by, it under Section 5.1(c)(xiii)(A) of this Agreement at or prior to the Closing5.1(b)(xxii);

Performance of Obligations of the Company. The Company shall have performed in all material respects each of the obligations, and complied in all material respects with each of the agreements and covenants, all covenants required to be performed by, or complied with by, by it under this Agreement at on or prior to the ClosingClosing Date, provided that other than the Company obligations set forth in Section 5.1(b)(i), 5.1(b)(ii), 5.1(b)(v), 5.1(b)(xxii) and 5.1(b)(xxv) which shall have be performed and complied with in all respects the obligations, and complied in all respects with the agreements and covenants, required to be performed by, or complied with by, it under Section 5.1(c)(xiii)(A) of this Agreement at or prior to the Closing;respects.

Performance of Obligations of the Company. The Company shall have performed in all material respects each of the obligations, and or complied in all material respects with each all obligations, agreements or covenants (other than with respect to any breach of Section 9.5(f) relating to a matter that is cured prior to the agreements and covenants, Closing) required to be performed by, or complied with by, by it under this Agreement at or prior to the ClosingClosing Date (disregarding any qualifications of any such obligation, provided that agreement or covenant relating to materiality other than (i) in Section 5.1 and (ii) the Company shall have performed dollar threshold qualifications contained in all respects the obligationsany such obligation, and complied in all respects with the agreements and covenants, required to be performed by, agreement or complied with by, it under Section 5.1(c)(xiii)(A) of this Agreement at or prior to the Closing;covenant).

Performance of Obligations of the Company. The Company shall have performed in all material respects each of the obligations, and or complied in all material respects with each of the obligations, and performed or complied in all material respects with the agreements and covenants, required to be performed by, or complied with by, it under this Agreement at or prior to the ClosingEffective Time; provided, provided that the Company shall have performed in all respects the obligationsand complied, and shall have caused its subsidiaries to have performed and complied (as applicable), in all respects with the obligations, covenants and agreements and covenants, required to be performed by, or complied with by, it under set forth in Section 5.1(c)(xiii)(A) of this Agreement at or prior to the Closing5.1(b)(ix);

Performance of Obligations of the Company. The Company shall have performed in all material respects each of the obligations, and complied in all material respects with each of the agreements and covenants, obligations and conditions of this Agreement required to be performed by, or and complied with by, by it under this Agreement at or prior to the Closing; provided that, provided that the Company shall have performed Company’s non-compliance or non-performance (in all respects the obligations, and complied whole or in all respects with the agreements and covenants, required to be performed by, or complied with by, it under Section 5.1(c)(xiii)(Apart) of the covenant and obligations set forth in Section 6.19 will not be taken into account in determining whether the condition in this Agreement at Section 7.2(b) has or prior to the Closing;has not been satisfied.

Performance of Obligations of the Company. The Company shall have performed performed, or complied with, in all material respects each of the obligations, all covenants and complied in all material respects with each of the agreements and covenants, obligations required to be performed by, or complied with by, by it under this Agreement at or prior to the Closing, First Merger Effective Time; provided that a breach of Section 5.1(a)(ii) due to Leakage payments in cash by the Company or its Subsidiaries shall have performed in all respects not be deemed material unless the obligations, and complied in all respects with the agreements and covenants, required to Cash Consideration would be performed by, or complied with by, it under Section 5.1(c)(xiii)(A) of this Agreement at or prior to the Closing;a negative number.