Common use of Compliance with this Agreement Clause in Contracts

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Closing Date.

Appears in 18 contracts

Samples: Share Purchase Agreement (Wh Holdings Cayman Islands LTD), Securities Purchase Agreement (Electric City Corp), Registration Rights Agreement (Electric City Corp)

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Compliance with this Agreement. The Company shall have performed and complied in all material respects with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Closing Date.

Appears in 16 contracts

Samples: Stock and Warrant Purchase Agreement (Evergreen Solar Inc), Share Subscription Agreement (A-Max Technology LTD), Stock Purchase Agreement (Nymex Holdings Inc)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated contained herein that are required to be performed or complied with by the Company on or before prior to the Closing Effective Date, and such performance and compliance shall remain in effect on the Effective Date.

Appears in 7 contracts

Samples: Amendment Agreement (Recoton Corp), Agreement (Recoton Corp), Note Purchase Agreement (Fritz Companies Inc)

Compliance with this Agreement. The Company shall have performed and complied in all material respects with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before as of the Closing Date.

Appears in 7 contracts

Samples: Note and Warrant Purchase Agreement (Soros George), Note and Warrant Purchase Agreement (Bluefly Inc), Note and Warrant Purchase Agreement (Bluefly Inc)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Closing Date.;

Appears in 6 contracts

Samples: Securities Purchase Agreement (Electric City Corp), Securities Purchase Agreement (Electric City Corp), Securities Purchase Agreement (Electric City Corp)

Compliance with this Agreement. The Company shall have performed and complied in all material respects with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Closing Date.

Appears in 5 contracts

Samples: Note Purchase Agreement (Oragenics Inc), 1 Preferred Stock and Warrant Purchase Agreement (Boots & Coots International Well Control Inc), Preferred Stock and Warrant Purchase Agreement (Proxicom Inc)

Compliance with this Agreement. The Company shall will have performed and complied with all of its agreements and conditions set forth or contemplated contained herein that which are required to be performed or complied with by the Company on before or before at the Closing DateClosing.

Appears in 5 contracts

Samples: Purchase Agreement (Southwest Water Co), Bond Purchase Agreement (Southwest Water Co), Bond Purchase Agreement (Southwest Water Co)

Compliance with this Agreement. The Company shall have executed and delivered all securities, documents and instruments required to be executed and delivered on the applicable Closing Date and shall have performed and complied in all material respects with all of its agreements and conditions set forth or contemplated covenants contained herein that which are required to be performed or complied with by the Company it on or before the applicable Closing Date.

Appears in 4 contracts

Samples: Management Investment Agreement (Capital Z Financial Services Fund Ii Lp), Management Investment Agreement (Aames Financial Corp/De), Management Investment Agreement (Capital Z Financial Services Fund Ii Lp)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated contained herein that which are required to be performed or complied with by the Company on before or before at the Closing Dateclosing.

Appears in 4 contracts

Samples: Note Agreement (Barnes Group Inc), Note Agreement (Barnes Group Inc), Barnes Group Inc

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Closing Date.

Appears in 4 contracts

Samples: Series B Convertible Preferred Stock Purchase Agreement (Transgenomic Inc), Convertible Promissory Note Purchase Agreement (Transgenomic Inc), Series a Convertible Preferred Stock Purchase Agreement (Transgenomic Inc)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated contained herein that which are required to be performed or complied with by the Company on before or before at the Closing DateClosing.

Appears in 4 contracts

Samples: Note Agreement (Entergy Louisiana Inc), Note Agreement (Entergy Louisiana Inc), Note Purchase Agreement (System Energy Resources Inc)

Compliance with this Agreement. The Company shall have performed performed, satisfied and complied in all material respects with all of its covenants, agreements and conditions set forth or contemplated herein that are required by this Agreement to be performed performed, satisfied or complied with by the Company on at or before prior to the Closing DateClosing.

Appears in 4 contracts

Samples: Note Purchase Agreement (Mortgage Com Inc), Note Purchase Agreement (Mortgage Com Inc), Note Purchase Agreement (Mortgage Com Inc)

Compliance with this Agreement. The Company shall have performed and complied in all material respects with all of its the agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Closing Date.

Appears in 3 contracts

Samples: Value Participation Agreement (Amerigon Inc), Registration Rights Agreement (Physician Partners Inc), Value Participation Agreement (Enova Systems Inc)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Closing Date.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Culmen Technology Partners Lp), Securities Purchase Agreement (Arinco Computer Systems Inc), Securities Purchase Agreement (Commercial Electronics LLC)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated herein that contained in this Agreement which are required to be performed or complied with by the Company on or before the Closing Date.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Cellnet Data Systems Inc), Stock Purchase Agreement (Cellnet Data Systems Inc), Stock Purchase Agreement (Cellnet Data Systems Inc)

Compliance with this Agreement. The Company shall have performed and complied with all of its the covenants, agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Closing Date.;

Appears in 3 contracts

Samples: Securities Purchase Agreement (Electric City Corp), Securities Purchase Agreement (Electric City Corp), Securities Purchase Agreement (Electric City Corp)

Compliance with this Agreement. The Company shall have ------------------------------ performed and complied in all material respects with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Closing Date.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Prime Response Inc/De), Stock Purchase Agreement (Prime Response Group Inc/De), Letter Agreement (Precision Auto Care Inc)

Compliance with this Agreement. The Company shall have performed ------------------------------ and complied with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Closing Date.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Unwired Telecom Corp), Securities Purchase Agreement (Bankvest Capital Corp), Unwired Telecom Corp

Compliance with this Agreement. The Company shall have performed and ------------------------------ complied in all material respects with all of its agreements the agreements, obligations, covenants and conditions set forth in this Agreement or any other Transaction Document or contemplated herein or therein that are required to be performed or complied with by the Company on or before the Closing DateClosing.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Artesyn Technologies Inc), Securities Purchase Agreement (Artesyn Technologies Inc), Securities Purchase Agreement (Finestar International LTD)

Compliance with this Agreement. The Company shall have performed and complied in all material respects with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Second Closing Date.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Tickets Com Inc), Stock Purchase Agreement (Tickets Com Inc)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated contained herein that which are required to be performed or complied with by the Company on or before the Closing Date.date. (c)

Appears in 2 contracts

Samples: Securities Purchase Agreement (American Skiing Co /Me), American Skiing Co /Me

Compliance with this Agreement. The Company shall have performed and complied in all material respects with all of its agreements the agreements, obligations, covenants and conditions set forth in this Agreement or any other Transaction Document or contemplated herein or therein that are required to be performed or complied with by the Company on or before the Closing Date.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Us Lec Corp), Preferred Stock Purchase Agreement (Casella Waste Systems Inc)

Compliance with this Agreement. The Company shall have performed and complied in all material respects with all of its agreements agreements, covenants and conditions set forth or contemplated contained herein that which are required to be performed or complied with by the Company it on or before the Closing Date.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Zurich Insurance Co), Common Stock Purchase Agreement (Provident National Assurance Co Separate Account B)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Initial Closing Date.

Appears in 2 contracts

Samples: Credit Facility Agreement (Z Tel Technologies Inc), Credit Facility Agreement (Z Tel Technologies Inc)

Compliance with this Agreement. The Company shall have ------------------------------ performed and complied in all material respects with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before as of the Closing Date.

Appears in 2 contracts

Samples: Note and Warrant Purchase Agreement (Soros Fund Management LLC), Note and Warrant Purchase Agreement (Soros Fund Management LLC)

Compliance with this Agreement. The Company shall have performed and complied in all material respects with all of its agreements and conditions obligations set forth or contemplated herein that are required to be performed or complied with by the Company it on or before the Closing Date.

Appears in 2 contracts

Samples: Subscription Agreement (Satyam Infoway LTD), Subscription Agreement (Satyam Infoway LTD)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and satisfied the conditions set forth or contemplated herein that are required to be performed or complied with or satisfied by the Company it on or before the Closing Date.

Appears in 2 contracts

Samples: Eagle Test Systems, Inc., Eagle Test Systems, Inc.

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements agreements, covenants and conditions set forth contained herein and any other document contemplated hereby or contemplated herein that thereby which are required to be performed or complied with by the Company on or before the Closing Date.

Appears in 2 contracts

Samples: Note Purchase Agreement (Alliance Imaging Inc /De/), Note Purchase Agreement (Alliance Imaging Inc /De/)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company it on or before the Closing Date.

Appears in 2 contracts

Samples: Securities Purchase Agreement (1818 Fund Lp Brown Brothers Harriman Co Long T Michael Et Al), Securities Purchase Agreement (PMR Corp)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Closing Date.

Appears in 2 contracts

Samples: Note Purchase Agreement (Metromedia Fiber Network Inc), Master Restructuring Agreement (Metromedia Fiber Network Inc)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated contained herein that which are required to be performed or complied with by the Company on or before the Closing Date.

Appears in 2 contracts

Samples: Note and Warrant Purchase Agreement (Digitec 2000 Inc), Securities Purchase Agreement (Asc Holdings Inc)

Compliance with this Agreement. The Company shall have performed and complied in all material respects with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the First Closing Date.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Tickets Com Inc), Stock Purchase Agreement (Tickets Com Inc)

Compliance with this Agreement. The Company shall have performed and complied in all material respects with all of its agreements and conditions set forth or contemplated herein that are required by this Agreement to be performed or complied with by it prior to or at the Company on or before the Closing DateClosing.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Dti Holdings Inc), Stock Purchase Agreement (Dti Holdings Inc)

Compliance with this Agreement. The Company shall have performed ------------------------------ and complied in all material respects with all of its the agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company it on or before the First Closing Date.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Prime Response Group Inc/De), Stock Purchase Agreement (Prime Response Inc/De)

Compliance with this Agreement. The Company shall have performed and complied with all of its the agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Closing Date.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Ign Entertainment Inc), Securities Purchase Agreement (Muzak Holdings Finance Corp)

Compliance with this Agreement. The Company shall have performed and complied in all material respects with all of its the agreements and conditions set forth or contemplated herein or in the Merger Agreement that are required to be performed or complied with by the Company on or before the Initial Closing Date.

Appears in 2 contracts

Samples: Note Purchase Agreement (Inhibitex, Inc.), Note Purchase Agreement (Fermavir Pharmaceuticals, Inc.)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the such Closing Date.

Appears in 2 contracts

Samples: Exchange and Purchase Agreement (Trinsic, Inc.), Exchange and Purchase Agreement (1818 Fund Iii Lp)

Compliance with this Agreement. The Company shall have performed and ------------------------------ complied in all material respects with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Closing Date.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (LHS Group Inc), Stock Purchase Agreement (LHS Group Inc)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Relevant Closing Date.

Appears in 2 contracts

Samples: Stock and Warrant Purchase Agreement (Z Tel Technologies Inc), Stock and Warrant Purchase Agreement (1818 Fund Lp Brown Brothers Harriman Co Long T Michael Et Al)

Compliance with this Agreement. The Company shall have performed and complied in all material respects with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Closing Date.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Genesee & Wyoming Inc), Stock Purchase Agreement (1818 Fund Iii Lp)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements agreements, covenants and conditions set forth or contemplated herein that contained herein, which are required to be performed or complied with by the Company Company, on or before the Closing Delivery Date.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Marks Mel), Stock Purchase Agreement (Motorcar Parts & Accessories Inc)

Compliance with this Agreement. The Company shall have performed ------------------------------ and complied in all material respects with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Closing Date.

Appears in 1 contract

Samples: Letter Agreement (Precision Auto Care Inc)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Closing Date.under

Appears in 1 contract

Samples: And Warrant Purchase Agreement (Cit Group Inc)

Compliance with this Agreement. The Company shall have performed ------------------------------ and complied with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Closing Date, and the Purchaser shall have received at the Closing a certificate to the foregoing effect, dated the Closing Date, and executed by the Chief Executive Officer, President or a Vice President of the Company.

Appears in 1 contract

Samples: Common Stock (Nitinol Medical Technologies Inc)

Compliance with this Agreement. The Company shall have performed and complied in all material respects with all of its agreements the agreements, obligations, covenants and conditions set forth or contemplated herein in this Agreement that are required to be performed or complied with by the Company on or before the Closing Date.

Appears in 1 contract

Samples: Option Agreement (Us Lec Corp)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated herein contained in this Agreement that are required to be performed or complied with by the Company it on or before prior to the Closing Date, and such performance and compliance shall remain in effect on the Closing Date.

Appears in 1 contract

Samples: Note Purchase Agreement (Cerplex Group Inc)

Compliance with this Agreement. The Company Companies shall have performed and complied with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company Companies on or before the First Closing Date.

Appears in 1 contract

Samples: Stock Purchase Agreement (Spectrasite Holdings Inc)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Second Closing Date.

Appears in 1 contract

Samples: Stock Purchase Agreement (1818 Fund Lp Brown Brothers Harriman Co Long T Michael Et Al)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the First Closing Date.

Appears in 1 contract

Samples: Stock Purchase Agreement (1818 Fund Lp Brown Brothers Harriman Co Long T Michael Et Al)

Compliance with this Agreement. The Company shall have performed and complied in all material respects with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Subsequent Closing Date.

Appears in 1 contract

Samples: Stock Purchase Agreement (Change Technology Partners Inc)

Compliance with this Agreement. The Company shall have performed and complied in all material respects with all of its the agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company it on or before the Closing Date.

Appears in 1 contract

Samples: Stock and Warrant Purchase Agreement (Predictive Systems Inc)

Compliance with this Agreement. The Company shall have duly performed and complied with or shall have caused to be duly performed or complied with, in all of its material respects, all obligations, covenants, agreements and conditions set forth or contemplated herein that are required by this Agreement to be performed or complied with by the Company on at or before the Closing DateClosing.

Appears in 1 contract

Samples: Sale Agreement (Nuance Communications, Inc.)

Compliance with this Agreement. The Company shall have performed ------------------------------ and complied with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the First Closing Date.

Appears in 1 contract

Samples: Stock Purchase Agreement (National Equipment Services Inc)

Compliance with this Agreement. The Company shall have executed and delivered the Notes, the Warrants and the Security Agreement as contemplated herein, in form and content acceptable to Purchaser; and the Company shall have performed and complied with all of its agreements agreements, covenants and conditions set forth or contemplated contained herein that which are required to be performed or complied with by the Company it on or before the Closing Date.

Appears in 1 contract

Samples: Note Agreement (Metawave Communications Corp)

Compliance with this Agreement. The Company shall have performed and complied in all material respects with all of its agreements the agreements, obligations, covenants and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Closing Date.

Appears in 1 contract

Samples: Securities Purchase Agreement (Ruths Chris Steak House, Inc.)

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Compliance with this Agreement. The Company shall have performed performed, satisfied and complied in all material respects with all of its covenants, agreements and conditions set forth or contemplated herein that are required by this Agreement to be performed performed, satisfied or complied with by the Company on at or before prior to the Closing DateSecond Closing.

Appears in 1 contract

Samples: Note Purchase Agreement (Mortgage Com Inc)

Compliance with this Agreement. The Company shall have performed and complied in all material respects with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Closing Date, and Purchaser shall have received at the Closing a certificate to the foregoing effect, dated the Closing Date, and executed by an Executive Officer of the Company on behalf of the Company.

Appears in 1 contract

Samples: Stock Purchase Agreement

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company such party on or before the Closing Date, and the Purchasers shall have received at the Closing a certificate to the foregoing effect, dated the Closing Date, and executed by the Chief Executive Officer, President or a Vice President of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Integrated Defense Technologies Inc)

Compliance with this Agreement. The Company shall have performed and complied in all material respects with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the such Option Closing Date, and shall have duly exercised the Option as to all of the Option Notes.

Appears in 1 contract

Samples: Transferee Agreement (Buffets Holdings, Inc.)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Closing Date.. (j)

Appears in 1 contract

Samples: Securities Purchase Agreement (Leaf Mountain Co LLC)

Compliance with this Agreement. The Company shall have performed and complied in all material respects with all of its agreements and conditions set forth or contemplated herein that are expressly required to be performed or complied with or satisfied by the Company it on or before the Closing Funding Date.

Appears in 1 contract

Samples: Intercreditor Agreement (Bh Re LLC)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements agreements, covenants and conditions set forth or contained herein and any other document contemplated herein that hereby which are required to be performed or complied with by the Company on or before the Closing Date.

Appears in 1 contract

Samples: Purchase Agreement (Labtec Inc /Ma)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated contained herein that which are required to be performed or complied with by the Company on before or before the Closing Dateat closing.

Appears in 1 contract

Samples: Credit Agreement (Broughton Foods Co)

Compliance with this Agreement. The Company shall have performed ------------------------------ and complied with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Second Closing Date.

Appears in 1 contract

Samples: Stock Purchase Agreement (National Equipment Services Inc)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Closing Date, and the Purchaser shall have received at the Closing a certificate to the foregoing effect, dated the Closing Date, and executed by the Chief Executive Officer, President or a Vice President of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Mercury Air Group Inc)

Compliance with this Agreement. The Company shall have performed and complied in all material respects with all of its material agreements and conditions set forth or contemplated herein that are expressly required to be performed or complied with or satisfied by the Company it on or before the Closing Date.

Appears in 1 contract

Samples: Intercreditor Agreement (Bh Re LLC)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated contained herein that are required to be performed or complied with by the Company on or before prior to the Closing Date, and such performance and compliance shall remain in effect on the Closing Date.

Appears in 1 contract

Samples: Selective Insurance Group Inc

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the applicable Closing Date, and the Purchasers shall have received a certificate, dated as of the applicable Closing Date, signed by the Chairman of the Board, the President, the Vice President-Finance or the Chief Financial Officer of the Company, certifying compliance with this condition.

Appears in 1 contract

Samples: Stock Purchase Agreement (Regent Communications Inc)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated herein or under any outstanding Note that are required to be performed or complied with by the Company on or before the Closing applicable Advance Date.

Appears in 1 contract

Samples: Registration Rights Agreement (Electric City Corp)

Compliance with this Agreement. The Company shall have performed and complied in all material respects with all of its their agreements and conditions covenants set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Closing DateDate and the Purchaser shall have received a certificate to that effect signed by an officer of the Company.

Appears in 1 contract

Samples: Purchase Agreement (Kaneb Pipe Line Partners L P)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Closing Date, and the Purchasers shall have received at the Closing a certificate to the foregoing effect, dated the Closing Date, and executed by the Chief Executive Officer, President or a Vice President of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Neoprobe Corp)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements agreements, covenants and conditions set forth contained herein, in the other Documents and any other document contemplated hereby or contemplated herein that thereby which are required to be performed or complied with by the Company on or before the Closing Date.

Appears in 1 contract

Samples: Purchase Agreement (Excel Legacy Corp)

Compliance with this Agreement. The Company shall have duly performed and complied with or shall have caused to be duly performed or complied with, as applicable, in all of its agreements material respects, all obligations, covenants, agreements, and conditions set forth or contemplated herein that are required by this Agreement to be performed or complied with by the Company on Company, the Sellers, the Sold Companies and/or the Sold Subsidiaries at or before the Closing DateClosing.

Appears in 1 contract

Samples: Sale Agreement (Harris Corp /De/)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the applicable Closing Date, and the Purchasers shall have received a certificate, dated as of the applicable Closing Date, signed by the Chairman of the Board, the President of the Company or the Company's Chief Financial Officer, certifying compliance with this condition.

Appears in 1 contract

Samples: Stock Purchase Agreement (Spectrasite Holdings Inc)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated contained herein that which are required to be performed or complied with by the Company before or on or before the Closing Date.

Appears in 1 contract

Samples: Senior Note Agreement (Mercury Finance Co)

Compliance with this Agreement. The Company shall have performed and complied in all material respects with all of its agreements and conditions set forth or contemplated herein and in each of the other Transaction Documents that are required to be performed or complied with by the Company on or before the Closing Date.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Proxicom Inc)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements agreements, covenants and conditions set forth contained herein, in the other Documents and in any other document contemplated hereby or contemplated herein that thereby which are required to be performed or complied with by the Company on or before the Closing Date.

Appears in 1 contract

Samples: Stock Purchase Agreement (Earthshell Container Corp)

Compliance with this Agreement. The Company shall have performed and complied in all material respects with all of its the agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Closing Date.

Appears in 1 contract

Samples: Stock Purchase Agreement (Priceline Com Inc)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated herein that which are required to be performed or complied with by the Company it on or before the Closing Date.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Jayhawk Acceptance Corp)

Compliance with this Agreement. The Company shall have performed and complied in all material respects with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Closing DateCompany.

Appears in 1 contract

Samples: Subscription Agreement (Turbochef Technologies Inc)

Compliance with this Agreement. The Company shall have -------------------------------- performed and complied in all material respects with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before as of the Closing Date.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Soros Fund Management LLC)

Compliance with this Agreement. The Company shall have performed and complied in all material respects with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Applicable Closing Date.

Appears in 1 contract

Samples: Stock Purchase Agreement (Infonow Corp /)

Compliance with this Agreement. The Company shall have performed and complied with all of its the agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the applicable Closing Date.

Appears in 1 contract

Samples: Subscription Agreement (Ibeam Broadcasting Corp)

Compliance with this Agreement. The Company shall have --------------------------------- performed and complied in all material respects with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the First Closing Date.

Appears in 1 contract

Samples: Investment Agreement (Soros Fund Management LLC)

Compliance with this Agreement. The Company shall have ------------------------------ performed and complied with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Closing Date.

Appears in 1 contract

Samples: Escrow Agreement (Wiltek Inc)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated contained herein that which are required to be performed or complied with by the Company on or before the Closing Datedate.

Appears in 1 contract

Samples: Securities Purchase Agreement (American Skiing Co /Me)

Compliance with this Agreement. The Company shall have performed and complied in all material respects with all of its agreements and conditions covenants set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Closing DateDate and the Purchaser shall have received a certificate to that effect signed by an officer of the Company.

Appears in 1 contract

Samples: Asset Purchase Agreement (Kaneb Services Inc)

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated contained herein that which are required to be performed or complied with by the Company on before or before at the Closing, and you shall have received a certificate, dated as of the Closing Date, signed by the President or a Vice President of the Company, to the foregoing effect.

Appears in 1 contract

Samples: Cell Pathways Inc

Compliance with this Agreement. The Company shall have performed and complied with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Company on or before the Closing Date, and the Purchaser shall have received at the Closing a certificate to the foregoing effect, dated the Closing Date, and executed by the chief executive officer of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Security Capital Corp/De/)

Compliance with this Agreement. The Company shall have performed and complied with in all of its agreements material respects all agreements, conditions, covenants and conditions set forth or contemplated herein that are obligations required by this Agreement to be performed or complied with by the Company on it prior to or before by the Closing Date.

Appears in 1 contract

Samples: Exchange Agreement (Hometown Auto Retailers Inc)

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