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name: Performance

Performance. The Purchaser shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the Closing.
PERFORMANCE. Buyer shall have performed and complied with all agreements and conditions required by this Agreement to be performed or complied with by Buyer prior to or at the Closing.
Performance. The Employee will serve the Company faithfully and to the best of his ability and will devote substantially all of his time, energy, experience and talents during regular business hours and as otherwise reasonably necessary to such employment, to the exclusion of
Performance. All the covenants, agreements and conditions contained in this Agreement to be performed or complied with by the Company on or prior to the Closing Date shall have been performed or complied with in all materials respects, and the Purchaser shall have received a certificate signed by an executive officer of the Company to the foregoing effect.
PERFORMANCE. The Seller shall have performed and complied in all material respects with all agreements, covenants, obligations, and conditions required by this Agreement to be so performed or complied with by the Seller at or before the Closing including, without limitation, those set forth in Sections 5.1, 5.2, 5.25, 5.26 and 5.28.
Performance. Buyer shall have performed all obligations, covenants and agreements hereunder and shall have complied with all covenants and conditions contained in this Agreement to be performed or complied with by it at or prior to the Closing.
Performance. The Company shall have performed and complied with all agreements and conditions contained herein required to be performed or complied with by it prior to or at the Closing Date including, without limitation, the issuance and delivery of the Purchased Shares to the Purchaser.
Performance. The Aircraft described in Exhibit C, with an aircraft Kit properly installed, will not suffer a reduction in operating performance as a result of the Installation of such aircraft Kit with regard to thrust, N1 and N2 rotor speeds or exhaust gas temperature.
Performance. Cyprus and Magadan shall have performed and complied with, in all material respects, each agreement, covenant and obligation required by this Agreement to be so performed or complied with by such party at or before the Closing.
Performance. The Company shall have performed and complied in all material respects with all agreements contained herein required to be performed or complied with by it prior to or at the date hereof, and as of each Installment Date, as applicable, and the President and Treasurer of the Company shall have certified to the Purchaser in writing as of each Installment Date to such effect and to the further effect that all of the conditions set forth in this Article IV have been satisfied.
PERFORMANCE. The Company shall have performed and complied with all agreements and conditions contained herein or in other ancillary documents incident to the transactions contemplated by this Agreement required to be performed or complied with by it prior to or at the First Closing.
Performance. The Lennar Entities shall have performed in all material respects all agreements and covenants required by this Agreement to be performed or complied with by it on or prior to the Closing Date.
PERFORMANCE. Neither Borrower nor the REIT is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any Contractual Obligation applicable to it, and no condition exists which, with the giving of notice or the lapse of time or both, would constitute a default under such Contractual Obligation in each case, except where the consequences, direct or indirect, of such default or defaults, if any, will not have a Material Adverse Effect on Borrower or the REIT.
Performance. None of the Borrower or any of the Borrower's Subsidiaries has received notice or has actual knowledge that (i) it is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any Contractual Obligation applicable to it or (ii) any condition exists which, with the giving of notice or the lapse of time or both, would constitute a default with respect to any such Contractual Obligation, in each case, except where such default or defaults, if any, shall not have or are not reasonably likely to have a Material Adverse Effect.
Performance. The Seller shall have performed, satisfied, and complied with all covenants, agreements, and conditions required by this Agreement to be performed or complied with by them, or any of them, on or before the Closing Date.
PERFORMANCE. Seller shall have performed, in all material respects, all obligations required by this Agreement to be performed by Seller on or before the Second Closing Date.
Performance. The Company and each of the Managers shall have performed and complied with all of the agreements, covenants and conditions contained in this Agreement required to be performed or complied with by it and him at or prior to the Closing, and the Purchasers shall have received a certificate dated as of such Closing and signed on behalf of the Company and by each of the Managers to that effect.
PERFORMANCE. The Company will have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be