Performance by the Investor. The Investor shall have performed, satisfied and complied in all respects with all covenants, agreements and conditions required by this Agreement and the Registration Rights Agreement to be performed, satisfied or complied with by the Investor at or prior to such Closing.
Performance by the Investor. The Investor shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Investor at or prior to the Closing, including payment of the applicable purchase price.
Performance by the Investor. If the Issuer or the Shareholders fail to perform any material covenant, agreement, duty or obligation of the Issuer or the Shareholders under this Agreement, the Investor may, at any time or times in its discretion, take action to effect performance of such obligation. All reasonable expenses of the Investor incurred in connection with the foregoing authorization shall be payable by the Issuer and the Shareholders as provided in Paragraph 12.1 hereof. No discretionary right, remedy or power granted to the Investor under any part of this Agreement shall be deemed to impose any obligation whatsoever on the Investor with respect thereto, such rights, remedies and powers being solely for the protection of the Investor.
Performance by the Investor. Any obligation of the Trustee --------------------------- hereunder or under any Operative Document or other document contemplated herein may be performed by the Investor and any such performance shall not be construed as a revocation of the trusts created hereby.
Performance by the Investor. The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Investor at or prior to the Commencement and, with respect to a VWAP Purchase, at or prior to the applicable Purchase Condition Satisfaction Time for such VWAP Purchase.
