Common use of Seller’s Performance Clause in Contracts

Seller’s Performance. All of the covenants and obligations that Seller and the Seller Shareholders are required to perform or to comply with pursuant to this Agreement at or prior to the Closing must have been duly performed and complied with in all material respects. Each document required to be delivered by Seller and the Seller Shareholders at the Closing pursuant to Section 3.5 herein must have been delivered.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Magic Media Networks Inc), Stock Purchase Agreement (Magic Media Networks Inc)

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Seller’s Performance. All of the covenants and obligations that Seller and the Seller Shareholders are 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 duly performed and complied with in all material respects. Each document required to be delivered by Seller and the Seller Shareholders at the Closing pursuant to Section 3.5 herein 5.2 must have been delivered.

Appears in 2 contracts

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

Seller’s Performance. All of the The covenants and obligations that Seller and the Seller Shareholders Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing must have been duly performed and complied with in all material respects. Each document required to be delivered by Seller and the Seller Shareholders at the Closing pursuant to Section 3.5 herein 1.4.1 must have been delivered.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Fremont General Corp), Equity Purchase Agreement (Miracor Diagnostics Inc)

Seller’s Performance. (i) All of the covenants and obligations that Seller and the Seller Shareholders Xxxx 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. Each document ; and (ii) Seller and Xxxx must have delivered each of the documents required to be delivered by Seller and the Seller Shareholders at the Closing them pursuant to Section 3.5 herein must have been delivered.4.4. (e)

Appears in 1 contract

Samples: Asset Purchase Agreement

Seller’s Performance. All of the covenants and obligations that Seller and the Seller Shareholders are is required to perform or to comply with pursuant to this Agreement at or prior to the Closing must have been duly performed and complied with in all material respects. Each document required to be delivered by Seller and the Seller Shareholders at the Closing pursuant to Section 3.5 herein 4 must have been delivered.

Appears in 1 contract

Samples: Purchase Agreement (Nevada Gold & Casinos Inc)

Seller’s Performance. All of the covenants covenants, agreements and obligations that Seller and the Seller Shareholders Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing must (considered collectively), and each of these covenants and obligations (considered individually), shall have been duly performed and complied with in all material respects. Each document required to be delivered by Seller , except that each of the other covenants, agreements and the Seller Shareholders at the Closing pursuant to Section 3.5 herein must obligations in Sections 5.3 and 5.5 shall have been deliveredperformed and complied with in all respects.

Appears in 1 contract

Samples: Asset Purchase Agreement (Chanticleer Holdings, Inc.)

Seller’s Performance. All of the covenants and obligations that Seller and the Seller Shareholders are required to perform or to comply with pursuant to this Agreement at or prior to the Closing Closing, and each of these covenants and obligations must have been duly performed and complied with in all material respects. Each document required to be delivered by Seller and the Seller Shareholders at the Closing pursuant to Section 3.5 herein 2.4 must have been delivered, and each of the other covenants and obligations in Section 2.4 must have been performed and complied with in all respects.

Appears in 1 contract

Samples: 1 Stock Purchase Agreement (Allis Chalmers Corp)

Seller’s Performance. All of the covenants and obligations that -------------------- Seller and the Seller Shareholders are is required to perform or to comply with pursuant to this Agreement Sections 6.2 and 6.3 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. Each document required to be delivered by Seller and the Seller Shareholders at the Closing pursuant to Section 3.5 herein must have been delivered.

Appears in 1 contract

Samples: Assumption Agreement (National Golf Properties Inc)

Seller’s Performance. All of the covenants and obligations that Seller and the Seller Shareholders are 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 duly performed and complied with in all material respects. Each document Seller must have delivered each of the documents required to be delivered by Seller and the Seller Shareholders at the Closing pursuant to Section 3.5 herein must have been delivered1.5.1.

Appears in 1 contract

Samples: Stock Purchase Agreement (Venturi Technologies Inc)

Seller’s Performance. All of the covenants and obligations that Seller and the Seller Shareholders Sellers 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. Each document required to be delivered by Seller and the Seller Shareholders at the Closing pursuant to Section 3.5 herein 2.4 must have been delivered, and each of the other covenants and obligations must have been performed and complied with in all respects.

Appears in 1 contract

Samples: Share Purchase Agreement (Global Gold Corp)

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Seller’s Performance. All of the covenants and obligations in Section 2.4(a) and in Section 6 that Seller and the Seller Shareholders Sellers are required to perform or to comply with pursuant to this Agreement at or prior to before 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. Each document required to be delivered by Seller and the Seller Shareholders at the Closing pursuant to Section 3.5 herein must have been delivered.

Appears in 1 contract

Samples: Share Purchase Agreement (Key Technology Inc)

Seller’s Performance. All of the covenants and obligations that Seller and the Seller Shareholders are 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 duly performed and complied with in all material respects. Each document required to be delivered by Seller and the Seller Shareholders at the Closing pursuant to Section 3.5 herein 2.4 must have been delivered.

Appears in 1 contract

Samples: Stock Purchase Agreement (Allis Chalmers Corp)

Seller’s Performance. All of the covenants and obligations that Seller and the Seller Shareholders are required to perform or to comply with pursuant to this Agreement at or prior to the Closing must (considered collectively), 62 and each of these covenants and obligations (considered individually), including the deliverables set forth in Section 2.7, shall have been duly performed and complied with in all material respects. Each document required to be delivered by Seller and the Seller Shareholders at the Closing pursuant to Section 3.5 herein must have been delivered.

Appears in 1 contract

Samples: Asset Purchase Agreement (Hooker Furniture Corp)

Seller’s Performance. All of the covenants and obligations that Seller and Sellers or the Seller Shareholders Acquired Companies 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. Each document required to be delivered by Seller Sellers and the Seller Shareholders at the Closing each other obligation of Sellers pursuant to Section 3.5 herein 2.4(a) must have been delivereddelivered or satisfied, and each of the other covenants and obligations in Sections 5.3, 5.5, 5.6, 5.8, 5.9, 5.12 and 5.13 must have been performed and complied with in all respects.

Appears in 1 contract

Samples: Stock Purchase Agreement (Chanticleer Holdings, Inc.)

Seller’s Performance. All of the covenants and obligations that any Seller and the Seller Shareholders are 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 duly performed and complied with in all material respects. Each document required to be delivered by Seller of the covenants and the Seller Shareholders at the Closing pursuant to obligations in Section 3.5 herein 5.1 must have been deliveredperformed and complied with in all respects.

Appears in 1 contract

Samples: Stock Purchase Agreement (Firearms Training Systems Inc)

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