Performance. Seller shall have performed and complied with, in all material respects, the agreements, covenants and obligations required by this Agreement to be so performed or complied with by Seller at or before the Closing.
Appears in 27 contracts
Samples: Confidential Treatment (Akorn Inc), Asset Purchase Agreement (Lime Energy Co.), Asset Purchase Agreement (SBS Technologies Inc)
Performance. Seller shall have performed performed, observed and complied with, in with all material respectscovenants, the agreements, covenants agreements and obligations conditions required by this Agreement to be so performed or performed, observed and complied with by Seller at on its part prior to or before the Closingas of Closing hereunder.
Appears in 21 contracts
Samples: Purchase and Sale Agreement (Malibu Boats, Inc.), Purchase and Sale Agreement (Franklin Street Properties Corp /Ma/), Purchase and Sale Agreement
Performance. Seller shall have performed and complied with, in all material respects, the agreementseach agreement, covenants covenant and obligations obligation required by this Agreement to be so performed or complied with by Seller at or before the Closing.
Appears in 18 contracts
Samples: Asset Purchase Agreement (Sol-Gel Technologies Ltd.), Asset Purchase Agreement, Asset Purchase Agreement (Veritec Inc)
Performance. Seller Sellers shall have performed and complied with, in all material respects, the agreementseach agreement, covenants covenant and obligations obligation required by this Agreement to be so performed or complied with by Seller Sellers at or before the Closing.
Appears in 17 contracts
Samples: Membership Interest Purchase Agreement (Red Rock Resorts, Inc.), Membership Interest Purchase Agreement (Station Casinos LLC), Purchase Agreement (Viewpoint Corp)
Performance. Seller Sellers shall have performed and complied with, in all material respects, the agreements, covenants and obligations required by this Agreement to be so performed or complied with by Seller Sellers at or before the Closing.
Appears in 14 contracts
Samples: Membership Interest Purchase Agreement (Gryphon Gold Corp), Share Purchase Agreement (D. E. Shaw Laminar Emerging Markets, L.L.C.), Stock Purchase Agreement (International Rectifier Corp /De/)
Performance. Seller shall have performed and complied withcomplied, in all material respects, the with all agreements, covenants and obligations required by this Agreement to be so performed or complied with by Seller at or before the Closing.
Appears in 12 contracts
Samples: Purchase and Sale Agreement (Macquarie Infrastructure Corp), Purchase and Sale Agreement (Public Service Co of New Hampshire), Purchase and Sale Agreement (Public Service Co of New Hampshire)
Performance. The Seller shall have performed and complied with, in with all material respects, the agreements, agreements and covenants and obligations that it is required by to perform or comply with pursuant to this Agreement prior to be so performed or complied with by Seller at or before the Closing, including having delivered each of the items set forth in Section 6.2 hereof.
Appears in 12 contracts
Samples: Agreement of Purchase and Sale (Postal Realty Trust, Inc.), Agreement of Purchase and Sale (Postal Realty Trust, Inc.), Agreement of Purchase and Sale (Postal Realty Trust, Inc.)
Performance. Seller shall have performed and complied with, in all material respectsobligations, the agreementscovenants, covenants and obligations required by agreements contained in this Agreement to be so performed or complied with by Seller it at or before prior to the Closing.Closing and shall have taken the actions set forth in Section 10.07;
Appears in 12 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement
Performance. The Seller shall have performed and complied withwith all covenants, in all material respects, the agreements, covenants obligations and obligations required by conditions contained in this Agreement that are required to be so performed or complied with by Seller at it on or before the Closing.
Appears in 10 contracts
Samples: Asset Purchase Agreement (Yumanity Therapeutics, Inc.), Stock Purchase Agreement (Veriteq), Stock Purchase Agreement (POSITIVEID Corp)
Performance. Seller shall have performed and complied with, in all material respectsrespects with each of the covenants, the agreements, covenants agreements and obligations Seller is required by to perform under this Agreement to be so performed or complied with by Seller at on or before the Closing.
Appears in 10 contracts
Samples: Asset Purchase and Sale Agreement (Concordia Healthcare Corp.), Asset Purchase Agreement (Opko Health, Inc.), Asset Purchase Agreement (Opko Health, Inc.)
Performance. Seller shall will have performed and complied with, in all material respects, the respects with all agreements, covenants covenants, obligations and obligations conditions required by this Agreement to be so performed or complied with by Seller at on or before prior to the Closing.
Appears in 9 contracts
Samples: Intellectual Property Purchase Agreement (NextPlay Technologies Inc.), Intellectual Property Purchase Agreement (NextPlay Technologies Inc.), Intellectual Property Purchase Agreement (Monaker Group, Inc.)
Performance. Seller shall have performed and complied with, in all material respects, the agreements, covenants and obligations required by this Agreement to be so materially performed or complied with all obligations, agreements and covenants contained in this Agreement as to which performance or compliance by Seller is required prior to or at or before the ClosingClosing Date.
Appears in 9 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement (Gastar Exploration Inc.)
Performance. Seller shall have performed and complied with, in all material respects, the agreements, respects with all agreements and covenants and obligations required by this Agreement to be so performed or complied with by Seller at or before prior to the Closing.
Appears in 8 contracts
Samples: Asset Purchase and Sale Agreement, Stock Purchase Agreement, Stock Purchase Agreement (Aptargroup Inc)
Performance. The Seller shall have performed and complied with, in with all material respects, the agreements, covenants obligations and obligations required by conditions contained in this Agreement that are required to be so performed or complied with by Seller at it on or before the Closing.
Appears in 8 contracts
Samples: Business Transfer Agreement, Business Acquisition Agreement (Cannabis Global, Inc.), Employee Transfer Agreement (Sonim Technologies Inc)
Performance. Seller shall have performed and complied with, in all material respects, the respects with all agreements, covenants obligations and obligations required by conditions contained in this Agreement that are required to be so performed or complied with by Seller at it on or before the Closing.
Appears in 8 contracts
Samples: Membership Interest Purchase Agreement, Stock Purchase Agreement (Vycom Corp.), Membership Interest Purchase Agreement (Extra Space Storage Inc.)
Performance. Seller shall have performed and complied with, in all material respectsrespects with all covenants, the agreements, covenants obligations and obligations conditions required by this Purchase Agreement to be so performed or complied with by Seller at on or before prior to the ClosingClosing Date.
Appears in 8 contracts
Samples: Purchase Agreement (PBF Logistics LP), Purchase Agreement (PBF Logistics LP), Purchase Agreement
Performance. Seller shall have performed and complied with, in all material respects, the agreements, respects with all agreements and covenants and obligations required by this Agreement to be so performed or complied with by Seller at or before prior to the Closing.
Appears in 7 contracts
Samples: Purchase and Sale Agreement (Dominion Energy, Inc), Purchase and Sale Agreement (Dominion Energy, Inc), Purchase and Sale Agreement (Dominion Energy, Inc)
Performance. Seller shall have performed and complied with, in all material respects, the respects with all agreements, covenants obligations and obligations conditions required by this Agreement to be so performed or complied with by Seller it prior to or at or before the Closing.
Appears in 7 contracts
Samples: Asset Purchase Agreement (Icn Pharmaceuticals Inc), Asset Purchase Agreement (Icn Pharmaceuticals Inc), Asset Purchase Agreement (Icn Pharmaceuticals Inc)
Performance. Seller shall have performed and complied with, in all material respects (and in all respects, in the agreementscase of obligations, covenants and obligations required agreements qualified by materiality) all obligations, covenants and agreements contained in this Agreement to be so performed or complied with by Seller it at or before prior to the Closing.
Appears in 7 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement (Sanchez Energy Corp)
Performance. The Seller shall have performed and complied with, with all agreements and conditions contained herein or in all material respects, other ancillary documents incident to the agreements, covenants and obligations required transactions contemplated by this Agreement required to be so performed or complied with by the Seller prior to or at or before the Closing.
Appears in 7 contracts
Samples: Stock Purchase Agreement (AFH Holding & Advisory, LLC), Stock Purchase Agreement (AFH Holding & Advisory, LLC), Stock Purchase Agreement (AFH Holding & Advisory, LLC)
Performance. Seller shall have performed and or complied with, in all material respectsrespects with all obligations, the agreements, agreements and covenants and obligations required by contained in this Agreement as to be so performed which performance or complied with compliance by Seller is required prior to or at or before the ClosingClosing Date.
Appears in 7 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (W&t Offshore Inc), Purchase and Sale Agreement (Carrizo Oil & Gas Inc)
Performance. Seller shall have performed and complied with, in all material respects, the agreementsobligations, covenants and obligations required by agreements contained in this Agreement to be so performed or complied with by Seller it in all material respects at or before prior to the Closing.
Appears in 7 contracts
Samples: Purchase and Sale Agreement (Carbon Natural Gas Co), Purchase and Sale Agreement (Carbon Energy Corp), Purchase and Sale Agreement (Energy Xxi (Bermuda) LTD)
Performance. Seller shall have performed and complied with, in all material respects, the agreements, respects with all agreements and covenants and obligations required by contained in this Agreement that are required to be so performed or complied with by Seller at it on or before the Closing.
Appears in 6 contracts
Samples: Repurchase Agreement (Trinet Group, Inc.), Repurchase Agreement (Central Pacific Financial Corp), Repurchase Agreement (Central Pacific Financial Corp)
Performance. Seller and the Company shall have performed and complied with, in all material respects (and in all respects, in the agreementscase of obligations, covenants and obligations required agreements qualified by materiality) all obligations, covenants and agreements contained in this Agreement to be so performed or complied with by Seller them at or before prior to the Closing, and Seller shall have delivered to Buyer a certificate signed by an executive officer of Seller to such effect.
Appears in 6 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement
Performance. The Seller shall have performed and complied with, in with all material respects, the agreements, covenants obligations and obligations required by conditions contained in this Agreement that are required to be so performed or complied with by Seller at him on or before the Closing.
Appears in 6 contracts
Samples: Copy Common Stock Purchase Agreement (Motorola Inc), Copy Common Stock Purchase Agreement (Netspeak Corp), Copy Common Stock Purchase Agreement (Motorola Inc)
Performance. Seller shall have performed and complied with, in all material respects, respects the agreementsobligations, covenants and obligations required by this Agreement agreements hereunder to be so performed or complied with by Seller it at or before prior to the Closing.
Appears in 6 contracts
Samples: Purchase and Sale Agreement (Tesoro Petroleum Corp /New/), Purchase and Sale Agreement (Prize Energy Resources Lp), Purchase and Sale Agreement (Pioneer Natural Resources Co)
Performance. Seller shall have performed and complied with, in all material respectsrespects with all covenants, the agreements, covenants terms and obligations conditions required by this Agreement to be so performed or complied with by Seller it prior to or at or before the Closing.
Appears in 6 contracts
Samples: Purchase and Sale Agreement and Escrow Instructions, Purchase and Sale Agreement (Homefed Corp), Purchase and Sale Agreement (Gilead Sciences Inc)
Performance. Seller shall have performed and complied withwith each agreement, in all material respects, the agreements, covenants covenant and obligations obligation required by this Agreement to be so performed or complied with by Seller at or before the Closing.
Appears in 6 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement (FOHG Holdings, LLC)
Performance. Seller shall have performed all obligations, covenants, and agreements contained in this Agreement to be performed or complied withwith by it at, or prior to the Closing, in all material respects, the agreements, covenants or any such exception(s) thereto shall be specifically noted and obligations required by this Agreement delivered to be so performed or complied with by Seller at in writing on or before the Closing.
Appears in 6 contracts
Samples: Purchase and Sale Agreement (Viking Energy Group, Inc.), Purchase and Sale Agreement (Viking Energy Group, Inc.), Purchase and Sale Agreement (Viking Energy Group, Inc.)
Performance. Seller shall will have performed and complied with, in all material respects, the respects with all agreements, covenants covenants, obligations and obligations conditions required by this Agreement to be so performed or complied with by Seller at on or before prior to the Closing, including the obligations of the pre-Closing officers and directors of Company set forth in Section 1(e) hereof.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Settex PLC), Stock Purchase Agreement (Microsmart Devices, Inc.), Stock Purchase Agreement (Syntony Group Inc)
Performance. Seller shall have performed and complied withcomplied, in all material respects, with the agreements, covenants and obligations required by this Agreement to be so performed or complied with by Seller at or before the Closing.
Appears in 5 contracts
Samples: Purchase and Sale Agreement (Summit Midstream Partners, LP), Membership Interest Purchase Agreement (USD Partners LP), Purchase and Sale Agreement (Kirby Corp)
Performance. Seller shall have performed and complied with, with all agreements and conditions contained herein or in all material respects, other ancillary documents incident to the agreements, covenants and obligations required transactions contemplated by this Agreement required to be so performed or complied with by Seller them prior to or at or before the Closing.
Appears in 5 contracts
Samples: Stock Purchase Agreement (GigWorld Inc.), Stock Purchase Agreement (Deseo Swimwear Inc.), Stock Purchase Agreement (Datasea Inc.)
Performance. Seller shall have performed and complied withhave, in all material respects, the agreementsperformed, covenants observed and obligations complied with all material covenants, agreements and conditions required by this Agreement to be so performed or performed, observed and complied with by Seller at on its part prior to or before the Closingas of Closing hereunder.
Appears in 5 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (AmREIT, Inc.), Purchase and Sale Agreement (Industrial Income Trust Inc.)
Performance. Seller shall have performed and complied with, in all material respects, the agreements, covenants and obligations required by this Agreement to be so materially performed or complied with all obligations, agreements, and covenants contained in this Agreement as to which performance or compliance by Seller is required prior to or at or before the ClosingClosing Date so as to not result in a Material Adverse Affect.
Appears in 5 contracts
Samples: Purchase and Sale Agreement (Petroquest Energy Inc), Purchase and Sale Agreement (Petroquest Energy Inc), Purchase and Sale Agreement (Petroquest Energy Inc)
Performance. Seller shall have in all material respects performed and complied withwith all covenants, in all material respects, the agreements, covenants agreements and obligations conditions required by this Agreement to be so performed or complied with by Seller at or before it prior to and on the Closing.Closing Date; (c)
Appears in 5 contracts
Samples: Asset Purchase Agreement (Gateway Distributors LTD), Agreement (Gateway Distributors LTD), Asset Purchase Agreement (Gateway Distributors LTD)
Performance. Seller shall have performed and complied withcomplied, in all material respects, the agreements, with all agreements and covenants and obligations required by this Agreement to be so performed or complied with by Seller at or before prior to the Closing.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Select Medical Corp), Stock Purchase Agreement (Healthsouth Corp), Stock Purchase Agreement (Healthsouth Corp)
Performance. Seller shall have performed and complied with, in with all material respects, the agreements, covenants obligations and obligations required by conditions contained in this Agreement that are required to be so performed or complied with by Seller at him on or before the Closing.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Electromedical Technologies, Inc), Stock Purchase Agreement (Electromedical Technologies, Inc), Stock and Warrant Purchase Agreement (PharmaCyte Biotech, Inc.)
Performance. The Seller shall have materially performed and materially complied with, in with all material respects, the agreements, covenants obligations and obligations required by conditions contained in this Agreement that are required to be so performed or complied with by Seller at it on or before the Closing.
Appears in 5 contracts
Samples: Common Stock Purchase Agreement (Entrust Financial Services Inc), Common Stock Purchase Agreement (R&r Acquisition Iv, Inc), Common Stock Purchase Agreement (Aerobic Creations, Inc.)
Performance. Seller shall have performed and complied with, in with all material respects, the agreements, covenants agreements and obligations conditions required by this Agreement to be so performed or complied with by Seller at it prior to or before on the ClosingClosing Date.
Appears in 5 contracts
Samples: Asset Purchase Agreement (Masada Security Holdings Inc), 1 Asset Purchase Agreement (Masada Security Holdings Inc), Asset Purchase Agreement (Masada Security Holdings Inc)
Performance. Seller shall have performed performed, delivered and complied with, in with all material respects, the agreements, covenants obligations and obligations conditions required by this Agreement to be so performed performed, delivered or complied with by Seller at it on or before prior to the ClosingClosing Date.
Appears in 5 contracts
Samples: Asset Purchase Agreement (NPC Restaurant Holdings, LLC), Asset Purchase Agreement (Wendy's Co), Asset Purchase Agreement (NPC Restaurant Holdings, LLC)
Performance. Seller The Sellers shall have performed and complied with, in all material respects, respects with the agreements, covenants and obligations required by this Agreement to be so performed or complied with by Seller the Sellers at or before prior to the ClosingClosing Date.
Appears in 5 contracts
Samples: Asset Purchase Agreement (Divine Inc), Asset Purchase Agreement (Divine Inc), Asset Purchase Agreement (Divine Inc)
Performance. The Seller shall have performed and complied with, in with all material respects, the agreements, covenants agreements and obligations conditions required by this Agreement to be so performed or complied with by Seller it prior to or at or before the Closing.
Appears in 5 contracts
Samples: Warrant Agreement (Paxar Corp), Stock Purchase Agreement (Tremaine Trading Co), Stock Purchase Agreement (Morgan Gary D)
Performance. The Seller shall have performed and complied with, in all material respects, the respects with all agreements, covenants covenants, obligations and obligations conditions required by this Agreement or any of the other Transaction Documents to be so performed or complied with by Seller it at or before prior to the Closing.
Appears in 5 contracts
Samples: Asset Purchase Agreement (Pantry Inc), Asset Purchase Agreement (Pantry Inc), Asset Purchase Agreement (Pantry Inc)
Performance. Seller shall have performed and complied with, in all material respects, respects with the agreements, covenants and obligations required by this Agreement to be so performed or complied with by Seller at or before the Closing.
Appears in 5 contracts
Samples: Asset Purchase Agreement (Cavco Industries Inc.), Build Transfer Agreement, Build Transfer Agreement
Performance. Seller shall have performed and complied with, in all material respects, the agreements, respects with all agreements and covenants and obligations required by this Agreement to be so performed or complied with by Seller it at or before prior to the Closing.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Eastern Energy Gas Holdings, LLC), Purchase and Sale Agreement (Clearway Energy LLC), Purchase and Sale Agreement (Clearway Energy, Inc.)
Performance. Seller shall have performed and complied withhave, in all material respects, performed and complied with, or caused the agreementsperformance of and compliance with, covenants and all obligations required by under this Agreement which are to be so performed or complied with by Seller it or on its behalf at or before prior to the Closing.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Keithley Instruments Inc), Asset Purchase Agreement (International Total Services Inc), Asset Purchase Agreement (International Total Services Inc)
Performance. Seller shall have performed and complied with, in all material respects, the agreementsobligations, covenants and obligations required by agreements contained in this Agreement to be so performed or complied with by Seller at or before prior to the Closing.
Appears in 4 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Mid-Con Energy Partners, LP), Purchase and Sale Agreement (Parsley Energy, Inc.)
Performance. Seller shall have performed and complied with, in all material respects, the agreements, covenants respects with all agreements and obligations conditions required by this Agreement to be so performed or complied with by Seller prior to or at or before the Closing, including, without limitation, the delivery to Buyer of the documents listed in Section 6.2.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Norstan Inc), Asset Purchase Agreement (Intranet Solutions Inc), Asset Purchase Agreement (VDC Corp LTD)
Performance. Seller shall have performed and complied with, in all material respects, the respects with all agreements, covenants obligations and obligations conditions required by this Agreement to be so performed or complied with by Seller it prior to or at or before Closing, including the Closingdelivery of documents set forth in Section 0.
Appears in 4 contracts
Samples: Purchase Agreement (Medicis Pharmaceutical Corp), Asset Purchase Agreement (Medicis Pharmaceutical Corp), Asset Purchase Agreement (Medicis Pharmaceutical Corp)
Performance. Seller shall have performed and complied withcomplied, in all material respects, with the agreements, covenants and obligations required by this Agreement and any of the other Transaction Documents to be so performed or complied with by Seller at or before the Closing.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (NextEra Energy Partners, LP), Purchase and Sale Agreement (Vistra Energy Corp), Purchase and Sale Agreement (Vistra Energy Corp)
Performance. Seller shall have performed and complied withcomplied, in all material respects, the with all agreements, obligations, covenants and obligations conditions required by this Agreement to be so performed or complied with by Seller it at or before prior to the Closing.
Appears in 4 contracts
Samples: Stock Purchase Agreement, Stock Purchase Agreement (Vesta Insurance Group Inc), Stock Purchase Agreement (Vesta Insurance Group Inc)
Performance. Seller shall have performed and complied withwith each covenant, in all material respectsagreement, the agreements, covenants and obligations condition required by this Agreement to be so performed or complied with by Seller it prior to or at or before the Closing.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Lone Star International Energy Inc), Purchase and Sale Agreement (Lone Star International Energy Inc), Purchase and Sale Agreement (Lone Star International Energy Inc)
Performance. Seller shall have performed and complied with, in all material respects, the agreements, respects with all covenants and obligations required by this Agreement agreements to be so performed or complied with satisfied by Seller at on or before prior to the ClosingClosing Date.
Appears in 4 contracts
Samples: Escrow Agreement, Asset Purchase Agreement (Cafepress Inc.), Asset Purchase Agreement (Cafepress Inc.)
Performance. Seller shall have performed and complied with, in all material respects, respects the agreementsobligations, covenants and obligations agreements required by this Agreement hereunder to be so performed or complied with by Seller it at or before prior to the Closing.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Eagleford Energy Inc.), Asset Purchase and Sale Agreement (Alamo Energy Corp.), Purchase and Sale Agreement (True North Energy CORP)
Performance. Seller shall have performed and complied with, in all material respects, the agreements, respects with all agreements and covenants and obligations required by this Agreement to be so performed or complied with satisfied by it on or prior to the Closing Date. Seller at or before shall have delivered to Buyer a certificate dated as of the ClosingClosing Date and signed by an officer of Seller confirming the foregoing.
Appears in 4 contracts
Samples: Administrative Services Agreement, Stock Purchase Agreement, Stock Purchase Agreement
Performance. Seller shall have performed and complied with, in all material respects, the agreements, respects with all covenants and obligations required by this Agreement agreements and satisfied in all material respects all conditions to be so performed or complied with satisfied by Seller at on or before prior to the ClosingClosing Date.
Appears in 4 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (Quantum Corp /De/), Asset Purchase Agreement (Cafepress Inc.)
Performance. Seller shall have performed and complied with, in all material respects, the respects with all agreements, covenants obligations, and obligations required by conditions contained in this Agreement that are required to be so performed or complied with by Seller at it on or before the date of the Closing.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Nuance Communications, Inc.), Stock Purchase Agreement (Tribune Co), Stock Purchase Agreement (Tribune Co)
Performance. Seller shall have performed performed, observed and complied withwith all covenants, in all material respects, the agreements, covenants agreements and obligations conditions required by this Agreement to be so performed or performed, observed and complied with by Seller at on its part prior to or before as of the ClosingClosing hereunder.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Axt Inc), Purchase and Sale Agreement (Axt Inc), Purchase and Sale Agreement (Rae Systems Inc)
Performance. Such Seller shall have performed and complied with, in all material respects, the respects with all agreements, conditions and covenants and obligations contained herein required by this Agreement to be so performed or complied with by Seller it prior to or at or before the Closing.
Appears in 4 contracts
Samples: Put Agreement (Ifx Corp), Put Agreement (Ifx Corp), Put Agreement (Ifx Corp)
Performance. Seller shall have performed and complied with, in with all material respects, the agreements, covenants obligations, and obligations conditions required by this Agreement to be so performed or complied with by Seller at it on or before prior to the Closing.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Insweb Corp), Asset Purchase Agreement (Lanvision Systems Inc), Asset Purchase Agreement (Keryx Biophamaeuticals Inc)
Performance. Seller shall have duly performed and or complied with, in all material respectsrespects with all of the covenants, the agreements, covenants acts and obligations required by this Agreement to be so performed or complied with by Seller hereunder at or before prior to the Closing.
Appears in 3 contracts
Samples: Asset Purchase and Sale Agreement (Cosi Inc), Asset Purchase and Sale Agreement (Robotic Vision Systems Inc), Asset Sale and Purchase Agreement (Orbital Sciences Corp /De/)
Performance. Seller shall have performed performed, observed and complied with, in with all material respectscovenants, the agreements, covenants agreements and obligations conditions required by this Agreement to be so performed or performed, observed and complied with by Seller at on its part prior to or before as of the ClosingClosing Date.
Appears in 3 contracts
Samples: Easement Purchase and Sale Agreement, Easement Purchase and Sale Agreement, Purchase and Sale Agreement
Performance. The Seller shall have performed and complied with, in with all material respects, the agreements, covenants ----------- agreements and obligations conditions required by this Agreement to be so performed or complied with by Seller him prior to or at or before the Closing.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Equimed Inc), Stock Purchase Agreement (Equimed Inc), 31 Stock Purchase Agreement (Equimed Inc)
Performance. The Seller shall have performed and complied with, in all material respects, the respect with all agreements, covenants obligations, and obligations conditions required by this Agreement or the other Acquisition Documents to be so performed or complied with by Seller at them on or before the ClosingClosing Date.
Appears in 3 contracts
Samples: Membership Interest Purchase Agreement (Limco-Piedmont Inc), Membership Interest Purchase Agreement (Tat Technologies LTD), Membership Interest Agreement (Tat Technologies LTD)
Performance. Seller shall have performed and or complied with, in all material respects, respects with all of the agreements, covenants and obligations agreements required by this Agreement to be so performed or complied with by Seller at or before prior to the Closing.
Appears in 3 contracts
Samples: Membership Interest Purchase Agreement (Sunoco Logistics Partners L.P.), Membership Interest Purchase Agreement (Energy Transfer Partners, L.P.), Membership Interest Purchase Agreement (Enbridge Energy Partners Lp)
Performance. Seller shall have performed and complied with, in all material respects, the agreements, respects with all covenants and obligations required by contained in this Agreement that are required to be so performed or complied with by Seller at it on or before prior to the Closing.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Horizon Pharma PLC), Asset Purchase Agreement (Vidara Therapeutics International LTD), Asset Purchase Agreement (Intermune Inc)
Performance. Seller shall have performed and complied with, in all material respects, the respects with all agreements, covenants covenants, obligations and obligations conditions required by this Agreement to be so performed or complied with by Seller at on or before prior to the Closing.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Delicious Brands Inc), Purchase Agreement (Trans World Gaming Corp), Asset Purchase Agreement (Healthplan Services Corp)
Performance. The Seller shall have performed and complied with, in with all material respects, the agreements, covenants covenants, obligations and obligations required by conditions contained in this Agreement that are required to be so performed or complied with by Seller it at or before the prior to Closing, as applicable.
Appears in 3 contracts
Samples: Share Purchase Agreement (The9 LTD), Share Purchase Agreement (The9 LTD), Share Purchase Agreement (The9 LTD)
Performance. The Seller shall have performed and complied with, with in all material respectsrespects each agreement, the agreements, covenants covenant and obligations obligation required by this Agreement to be so performed or complied with by the Seller at on or before the ClosingClosing Date.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Icad Inc), Asset Purchase Agreement (Icad Inc), Asset Purchase Agreement (Ceelox Inc.)
Performance. Seller shall have performed and complied with, in all material respects, the agreementsrespects all obligations, covenants and obligations required by agreements contained in this Agreement to be so performed or complied with by Seller it at or before prior to the Closing.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Resolute Energy Corp), Purchase and Sale Agreement (Resolute Energy Corp), Purchase and Sale Agreement (Resolute Energy Corp)
Performance. Seller shall have performed performed, or tendered performance of, all agreements and complied with, in all material respects, the agreements, covenants and obligations required by this Agreement to be so performed by it prior to or complied with by Seller at or before the ClosingClosing Date in all material respects.
Appears in 3 contracts
Samples: Agreement for Purchase and Sale, Agreement for Purchase and Sale (AOL Inc.), Agreement for Purchase and Sale (Cb Richard Ellis Realty Trust)
Performance. Seller shall have performed and complied with, in all material respects, the agreements, respects with all covenants and obligations agreements required by this Agreement and each Ancillary Agreement to be so performed or complied with by Seller prior to or at or before the ClosingClosing Time.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Rand Logistics, Inc.), Asset Purchase Agreement (Rand Logistics, Inc.), Asset Purchase Agreement (Rand Logistics, Inc.)
Performance. Seller shall have performed and or complied with, in all material respectsrespects with the obligations, the agreements, and covenants and obligations required by of Seller contained in this Agreement as to be so performed which performance or complied with compliance by Seller is required prior to or at or before the ClosingClosing Date.
Appears in 3 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Atlas Energy, Inc.), Purchase and Sale Agreement (Atlas Energy Resources, LLC)
Performance. The Seller shall have performed and complied with, in with all material respects, the agreements, covenants covenants, obligations and obligations required by conditions contained in this Agreement that are required to be so performed or complied with by Seller it at or before prior to the Closing.
Appears in 3 contracts
Samples: Share Purchase Agreement (The9 LTD), Share Purchase Agreement (The9 LTD), Share Purchase Agreement (The9 LTD)
Performance. Seller shall have performed and complied with, in all material respectsrespects with each of the covenants, the agreements, covenants agreements and obligations Seller is required by this Agreement to be so performed or complied with by Seller perform, at or before prior to the ClosingClosing Date, under this Agreement.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Intermolecular Inc), Asset Purchase Agreement (Accelrys, Inc.), Asset Purchase Agreement (Codexis Inc)
Performance. Seller shall have performed and complied with, in all material respects, with the agreements, covenants and obligations agreements required by this Agreement the Transaction Documents to be so performed or and complied with by Seller at on or before prior to the ClosingClosing Date.
Appears in 3 contracts
Samples: Membership Interest Purchase Agreement (Truett-Hurst, Inc.), Membership Interest Purchase Agreement (Truett-Hurst, Inc.), Membership Interest Purchase Agreement (Truett-Hurst, Inc.)
Performance. The Seller shall have performed and complied with, in all material respects, the agreementseach agreement, covenants covenant and obligations obligation required by this Agreement to be so performed or complied with by the Seller at or before the Closing.
Appears in 3 contracts
Samples: Share Purchase Agreement (Sun New Media Inc.), Share Purchase Agreement (Sun New Media Inc.), Share Purchase Agreement (Se Global Equities Corp)
Performance. Seller shall have performed and complied with, in with all material respects, the agreements, covenants agreements and obligations conditions required by this Agreement to be so performed or complied with by Seller at or before prior to the ClosingClosing Date.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Regal Cinemas Corp), Stock Purchase Agreement (Regal Cinemas Corp), Stock Purchase Agreement (Regal Cinemas Corp)
Performance. The Seller shall have performed and complied with, in all material respects, the agreements, all covenants and obligations agreements required by this Agreement to be so performed or complied with by the Seller at on or before prior to the ClosingClosing Date.
Appears in 3 contracts
Samples: Warrant Purchase Agreement (TCV Vii Lp), Stock Purchase Agreement (OCM Principal Opportunities Fund IV, LP), Stock Purchase Agreement (OCM Principal Opportunities Fund IV, LP)
Performance. Seller Sellers shall have performed and complied with, in all material respects, with the agreements, covenants and obligations required by this Agreement to be so performed or complied with by Seller Sellers at or before the Closing.
Appears in 3 contracts
Samples: Purchase Agreement (Sierra Pacific Resources /Nv/), Purchase Agreement (Sierra Pacific Resources /Nv/), Purchase Agreement (Pinnacle West Capital Corp)
Performance. The Seller shall have performed and complied with, in all material respectsrespects with each agreement, the agreements, covenants covenant and obligations obligation required by this Agreement to be so performed or complied with by the Seller at or before the Closing.
Appears in 3 contracts
Samples: Share Transfer Agreement (Wave Sync Corp.), Share Transfer Agreement (Wave Sync Corp.), Share Purchase Agreement (Capital Eagle Global LTD)
Performance. Seller The Sellers shall have performed and complied with, in all material respectsrespects with each agreement, the agreements, covenants covenant and obligations obligation required by this Agreement to be so performed or complied with by Seller the Sellers at or before the Closing.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Select Medical Corp), Share Purchase Agreement (Capital Eagle Global LTD), Stock Purchase Agreement (Select Medical Corp)
Performance. Seller shall have performed and complied with, in all material respects, the agreements, respects with all agreements and covenants and obligations required by this Agreement to be so performed or complied with by Seller it pursuant to this Agreement at or before prior to the Closing.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (New Age Beverages Corp), Asset Purchase Agreement (New Age Beverages Corp), Noncompetition Agreement (New Age Beverages Corp)
Performance. Seller shall have performed all obligations, covenants, and agreements hereunder and shall have complied with, in with all material respects, the agreements, covenants and obligations required by conditions contained in this Agreement to be so performed or complied with by Seller it at or before prior to the Closing.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Queen Sand Resources Inc), Purchase and Sale Agreement (Queen Sand Resources Inc), Purchase and Sale Agreement (Queen Sand Resources Inc)
Performance. Seller shall have performed and complied with, in with all material respects, the agreements, covenants agreements and obligations conditions required by this Agreement to be so performed or complied with by Seller at or before it prior to the ClosingClosing Date.
Appears in 3 contracts
Samples: 1 Asset Purchase Agreement (Masada Security Holdings Inc), 1 Asset Purchase Agreement (Masada Security Holdings Inc), Asset Purchase Agreement (Masada Security Holdings Inc)
Performance. Seller shall have performed and complied with, in all material respects, the agreementsobligations, covenants and obligations required by agreements contained in this Agreement to be so performed or complied with by Seller it at or before prior to the Closing.Closing and shall have taken the actions set forth in Section 10.07;
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Abraxas Energy Partners LP), Purchase and Sale Agreement (St Mary Land & Exploration Co), Purchase and Sale Agreement (Abraxas Petroleum Corp)
Performance. Seller shall have performed and complied with, in with all material respects, the agreements, agreements and covenants and obligations that it is required by to perform or comply with pursuant to this Agreement prior to be so performed or complied with by Seller at or before the Closing, including having delivered each of the items set forth in Section 6.2 hereof.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Clearday, Inc.), Membership Interest Purchase and Sale Agreement (Alpine Income Property Trust, Inc.), Purchase and Sale Agreement (Alpine Income Property Trust, Inc.)
Performance. Seller The Sellers shall have performed and complied with, in all material respectsunless waived, the agreementseach agreement, covenants covenant and obligations obligation required by this Agreement to be so performed or complied with by Seller them at or before the Closing.
Appears in 3 contracts
Samples: Purchase Agreement (Isg Resources Inc), Stock Purchase Agreement (Isg Resources Inc), Purchase Agreement (Isg Resources Inc)
Performance. Seller shall have performed and complied with, in all material respects, the agreements, covenants and obligations required by this Agreement to be so materially performed or complied with all obligations, agreements, and covenants contained in this Agreement as to which performance or compliance by Seller is required prior to or at or before the ClosingClosing Date.
Appears in 3 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement (Exco Resources Inc)
Performance. Seller shall have performed and complied withwith each agreement, in all material respects, the agreements, covenants covenant and obligations obligation required by this Agreement to be so performed or complied with by Seller Purchaser at or before the Closing.
Appears in 3 contracts
Samples: Asset Purchase Agreement (CPEX Pharmaceuticals, Inc.), Asset Purchase Agreement (CPEX Pharmaceuticals, Inc.), Asset Purchase Agreement (Bentley Pharmaceuticals Inc)
Performance. Seller shall have performed and complied with, in all material respects, with the agreements, covenants and obligations required by this Agreement to be so performed or complied with by Seller at or before the ClosingClosing Date.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Duke Energy Progress, Inc.), Asset Purchase Agreement, Asset Purchase Agreement (Duke Energy Carolinas, LLC)
Performance. The Seller shall have performed and complied with, in all material respectsrespects with all agreements, the agreementsobligations, covenants and obligations conditions required by this Agreement to be so performed or complied with by Seller at it on or before prior to the Closing.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Us Industries Inc /De), Securities Purchase Agreement (Us Industries Inc /De)
Performance. Seller shall have performed and complied withwith each ------------ material covenant, in all material respectsagreement, the agreements, covenants and obligations condition required by this Agreement to be so performed or complied with by Seller prior to or at or before the Closing.
Appears in 2 contracts
Samples: Asset Transfer Agreement (Sunburst Acquisitions Ii Inc), Asset Transfer Agreement (Sunburst Acquisitions Ii Inc)
Performance. Seller shall have has performed and complied with, in all material respects, respects with the agreements, covenants covenants, and obligations required by this Agreement to be so performed or complied with by Seller at or before the Closing.Closing.
Appears in 2 contracts
Performance. The Seller shall have performed and complied with, in with all material respects, the agreements, covenants agreements and obligations conditions required by this Agreement to be so performed or complied with by Seller them prior to or at or before the Closing.
Appears in 2 contracts
Samples: Contract for Sale (First Team Automotive Corp), Contract for Sale (First Team Automotive Corp)
Performance. Seller shall have performed and complied with, in all material respects, with the agreements, covenants and obligations agreements required by this Agreement to be so performed or and complied with by Seller at it on or before prior to the ClosingClosing Date.
Appears in 2 contracts
Samples: Security Agreement (Phototron Holdings, Inc.), Asset Purchase Agreement (Phototron Holdings, Inc.)
Performance. Seller shall have performed performed, satisfied, and complied withwith all covenants, in all material respects, the agreements, covenants agreements and obligations conditions required by this Agreement to be so performed or complied with by Seller at it, on or before the Closing Date, and the representations and warranties contained herein shall be true and correct as of the Closing.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Online Vacation Center Holdings Corp), Asset Purchase Agreement (Alec Bradley Cigar Corp/Fl)
Performance. Seller shall have duly performed and complied with, in with all material respects, of the agreements, covenants and obligations that Seller is required by to perform or to comply with pursuant to this Agreement on or prior to be so performed or complied with by Seller at or before the ClosingClosing Date.
Appears in 2 contracts
Samples: Senior Exchangeable Convertible Note Purchase Agreement (CDC Corp), Senior Exchangeable Convertible Note Purchase Agreement (CDC Corp)
Performance. Seller shall have performed and complied with, in with all material respects, the agreements, covenants agreements and obligations conditions required by this Agreement to be so performed or complied with by Seller them prior to or at or before the Closing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Win Gate Equity Group Inc), Stock Purchase Agreement (Borough Corp)
Performance. Seller shall have performed performed, satisfied, or complied with all covenants, agreements and complied with, in all material respects, the agreements, covenants and obligations conditions required by this Agreement to be so performed or complied with by Seller at either of them, on or before the ClosingClosing Date.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Digicorp), Asset Acquisition Agreement (Orbit E Commerce Inc)
