Common use of Seller’s Performance Clause in Contracts

Seller’s Performance. Seller shall have, in all material respects, (i) performed all covenants and obligations, and (ii) complied with all conditions, required by this Agreement to be performed or complied with by Seller on or before the Closing Date or each such covenant, obligation and condition shall be waived by Buyer in writing and in its sole and absolute discretion prior to the Closing;

Appears in 9 contracts

Samples: Real Estate Sales Contract and Escrow Instructions, Purchase and Sale Agreement (BLACK CREEK INDUSTRIAL REIT IV Inc.), Purchase and Sale Agreement (Industrial Property Trust Inc.)

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Seller’s Performance. Seller shall have, in all material respects, (i) performed all covenants and obligations, and (ii) complied with all conditions, required by this Agreement to be performed or complied with by Seller on or before the Closing Date or each such covenant, obligation and condition shall be waived by Buyer in writing and in its sole and absolute discretion prior to the Closing;.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Industrial Property Trust Inc.)

Seller’s Performance. Seller shall have, in all material respects, (i) performed all covenants and obligations, and (ii) complied with all conditions, required by this Agreement to be performed or complied with by Seller on or before the Closing Date or each such covenant, obligation and condition shall be waived by Buyer Purchaser in writing and in its sole and absolute discretion prior to the Closing;

Appears in 1 contract

Samples: Purchase and Sale Agreement

Seller’s Performance. All of the covenants and obligations that Seller 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), shall have, have been duly performed and complied with in all material respects. On the Closing Date, (i) performed all covenants and obligationsSeller shall have delivered to Buyer a certificate, and (ii) complied with all conditions, required by this Agreement to be performed or complied with by Seller on or before dated as of the Closing Date or each such covenantand signed by an executive officer of Seller, obligation and condition shall be waived by Buyer in writing and in its sole and absolute discretion prior as to the Closing;matters set forth in this Section.

Appears in 1 contract

Samples: Asset Purchase Agreement (Quixote Corp)

Seller’s Performance. Seller shall have, have performed in all material respectsrespects all of Seller’s covenants, (i) performed all covenants agreements and obligations, and (ii) complied with all conditions, obligations required by this Agreement to be performed at or complied with prior to Closing, except that those covenants, agreements and obligations separately qualified by a materiality standard shall have been performed by Seller on or before the Closing Date or each such covenant, obligation and condition shall be waived by Buyer in writing and in its sole and absolute discretion prior to the Closing;all respects.

Appears in 1 contract

Samples: Membership Interests Purchase Agreement (Mercantile Bankshares Corp)

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Seller’s Performance. Seller shall havehave performed and complied, in all material respects (excluding the Closing Conditions which shall have to be performed by the Seller in all kind of respects), (i) performed all covenants and obligations, and (ii) complied with all conditions, required by of its obligations and covenants under this Agreement to be performed or complied with by Seller on or before the Closing Date or each such covenant, obligation and condition shall be waived by Buyer in writing and in its sole and absolute discretion prior to the Closing;Closing Date.

Appears in 1 contract

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

Seller’s Performance. Each Seller shall have, in all material respects, (i) performed all covenants and obligationsobligations (including delivery of all Closing Documents required to be delivered by such Seller hereunder, including the Management Agreements), and (ii) complied with all conditions, required by this Agreement to be performed or complied with by such Seller on or before the Closing Date or each such covenant, obligation and condition shall be waived by Buyer in writing and in its sole and absolute discretion prior to the applicable Closing;

Appears in 1 contract

Samples: Purchase and Sale Agreement (Industrial Income Trust Inc.)

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