Performance by the Company. The Company shall have performed or complied in all material respects with all of the covenants and obligations to be performed or complied with by it under the terms of this Agreement on or prior to the Closing Date.
Appears in 21 contracts
Samples: Agreement and Plan of Merger (QCR Holdings Inc), Agreement and Plan of Merger (Nicolet Bankshares Inc), Agreement and Plan of Merger (Nicolet Bankshares Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.Closing;
Appears in 17 contracts
Samples: Preferred Stock Subscription Agreement (Wall Street Strategies Corp), Escrow Agreement (Universal Medical Systems Inc), Escrow Agreement (Crys Tel Telecommunications Com Inc)
Performance by the Company. The Company shall have performed or and complied with all the covenants and agreements in all material respects with and satisfied in all of material respects all the covenants and obligations conditions required by this Agreement to be performed or complied with or satisfied by it under the terms of this Agreement on Company at or prior to the Closing DateEffective Time.
Appears in 17 contracts
Samples: Agreement and Plan of Merger (Sl Industries Inc), Agreement and Plan of Merger (Sl Industries Inc), Agreement and Plan of Merger (Ault Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied with in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datesuch date.
Appears in 17 contracts
Samples: Sales Agency Financing Agreement (Southwest Gas Corp), Sales Agency Financing Agreement (Southwest Gas Corp), Sales Agency Financing Agreement (Mdu Resources Group Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the each Closing Date.
Appears in 15 contracts
Samples: Note and Warrant Purchase Agreement (Technoconcepts, Inc.), Note and Warrant Purchase Agreement (Technoconcepts, Inc.), Securities Purchase Agreement (Ambient Corp /Ny)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Dateeach Closing.
Appears in 14 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Ortec International Inc), Convertible Preferred Stock Purchase Agreement (Edgewater Foods International, Inc.), Convertible Preferred Stock Purchase Agreement (Gulfstream International Group Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to before the Closing Date.;
Appears in 14 contracts
Samples: Securities Purchase Agreement (Cicero Inc), Securities Purchase Agreement (Cicero Inc), Securities Purchase Agreement (Cicero Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied with, in all material respects with respects, all of covenants, agreements and conditions required by this Agreement and the covenants and obligations Master Forward Confirmation to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datesuch date.
Appears in 11 contracts
Samples: Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (SITE Centers Corp.)
Performance by the Company. The Company shall have performed or and complied in all material respects with all of the covenants agreements, obligations and obligations conditions contained in this Agreement that are required to be performed or complied with by it under the terms of this Agreement on or prior before each Closing and shall have obtained all approvals, consents and qualifications necessary to complete the Closing Datepurchase and sale described herein.
Appears in 10 contracts
Samples: Note Purchase Agreement (BioDrain Medical, Inc.), Note Purchase Agreement (Amarantus BioSciences, Inc.), Note Purchase Agreement (BioDrain Medical, Inc.)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the applicable Closing Date.
Appears in 7 contracts
Samples: Series B Preferred (Glowpoint Inc), Convertible Preferred Stock and Warrant (AzurRx BioPharma, Inc.), Note and Warrant Purchase Agreement (P Com Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by this Agreement and the covenants and obligations Channel Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.
Appears in 6 contracts
Samples: Stock Issuance Agreement (Soligenix, Inc.), Stock Issuance Agreement (Oragenics Inc), Supplemental Stock Issuance Agreement (Fibrocell Science, Inc.)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.;
Appears in 6 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Jacobs Irwin L), Convertible Preferred Stock Purchase Agreement (Sheldahl Inc), Convertible Preferred Stock Purchase Agreement (Sheldahl Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.Closing. 公司的履行。在交割时或交割之前，公司应在各方面履行，满足并符合所有公司履行，满足或符合此协议所必需的合意，合同和条件。
Appears in 6 contracts
Samples: Securities Purchase Agreement (TD Holdings, Inc.), Securities Purchase Agreement (Bat Group, Inc.), Securities Purchase Agreement (TD Holdings, Inc.)
Performance by the Company. The Company shall have performed or complied in all material respects with all of agreements and covenants required by the covenants and obligations Transaction Agreements to be performed or complied with by it under the terms of this Agreement on or prior to the Contribution Closing Date.
Appears in 6 contracts
Samples: Contribution Agreement (Paramount Group, Inc.), Contribution Agreement (Paramount Group, Inc.), Contribution Agreement (Otto Alexander)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by this Agreement and the covenants and obligations Master Forward Confirmation to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datesuch date.
Appears in 6 contracts
Samples: Sales Agency Financing Agreement (Avalonbay Communities Inc), Sales Agency Financing Agreement (Avalonbay Communities Inc), Sales Agency Financing Agreement (Avalonbay Communities Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied with in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing each Condition Precedent Date.
Appears in 5 contracts
Samples: Common Stock Underwriting Agreement (Axonyx Inc), Common Stock Purchase Agreement (Centura Software Corp), Common Stock Underwriting Agreement (Triangle Pharmaceuticals Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datesuch date.
Appears in 5 contracts
Samples: Sales Agency Financing Agreement (Westar Energy Inc /Ks), Sales Agency Financing Agreement (Westar Energy Inc /Ks), Sales Agency Financing Agreement (Diana Shipping Inc.)
Performance by the Company. The Company shall have performed or complied in all material respects with all of the agreements and covenants and obligations required by this Agreement to be performed or complied with by it under the terms of this Agreement on or prior to the Merger Closing Date.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Paramount Group, Inc.), Agreement and Plan of Merger (Paramount Group, Inc.), Agreement And (Otto Alexander)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing DateInitial Closing.
Appears in 5 contracts
Samples: Common Stock Purchase Agreement (Medizone International Inc), Common Stock Purchase Agreement (On2com Inc), Common Stock Purchase Agreement (On2 Technologies Inc)
Performance by the Company. The Company shall have performed or and complied in all material respects with all of the covenants and obligations agreements required by this Agreement to be performed or complied with by it under the terms of this Agreement Company on or prior to the Closing Date.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Arv Assisted Living Inc), Agreement and Plan of Merger (Center Healthcare, Inc.), Agreement and Plan of Merger (Terex Corp)
Performance by the Company. The Company shall have performed or performed, ----------------------------- satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.
Appears in 4 contracts
Samples: Convertible Note Purchase (Amanda Co Inc), Convertible Note Purchase (Amanda Co Inc), Convertible Note Purchase (Amanda Co Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to before the First Closing Date.;
Appears in 4 contracts
Samples: Securities Purchase Agreement (Endocare Inc), Securities Purchase Agreement (Endocare Inc), Securities Purchase Agreement (International Isotopes Inc)
Performance by the Company. The Company shall have performed or -------------------------- performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.Closing;
Appears in 4 contracts
Samples: Purchase Agreement (Wolfpack Corp), Securities Purchase Agreement (Agribiotech Inc), Purchase Agreement (Wolfpack Corp)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by this Agreement and the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior before to the Closing Date.Second Closing;
Appears in 4 contracts
Samples: Securities Purchase Agreement (Alliance Pharmaceutical Corp), Securities Purchase Agreement (Endocare Inc), Securities Purchase Agreement (Endocare Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to such Closing. The Company shall also have made all payments and performed and satisfied all other obligations of Company pursuant to the Closing DateSummery Term Sheet entered into in connection with this Offering.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Hooper Holmes Inc), Securities Purchase Agreement (Hooper Holmes Inc), Securities Purchase Agreement (Hooper Holmes Inc)
Performance by the Company. The Company shall have performed or complied in all material respects performed, satisfied and complied with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datesuch date.
Appears in 4 contracts
Samples: Sales Agency Financing Agreement (Washington Real Estate Investment Trust), Sales Agency Financing Agreement (Washington Real Estate Investment Trust), Sales Agency Financing Agreement (Washington Real Estate Investment Trust)
Performance by the Company. The Company shall have performed or and complied in all material respects with all of the agreements, covenants and obligations conditions required by the Company Documents to be performed or complied with by it under the terms of this Agreement on Company at or prior to before the Closing DateEffective Time.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (24/7 Media Inc), Agreement and Plan of Merger (24/7 Media Inc), Agreement and Plan of Merger (24/7 Media Inc)
Performance by the Company. The Company shall have performed or complied in all material respects with all of the agreements and covenants and obligations required by this Agreement to be performed or complied with by it under the terms of this Agreement them on or prior to the Closing Date.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Paramount Group, Inc.), Stock Purchase Agreement (Paramount Group, Inc.), Stock Purchase Agreement (Paramount Group, Inc.)
Performance by the Company. The Company shall have performed or and complied in all material respects with all each of the covenants and obligations contained in this Agreement which is required to be performed or and complied with by it under the terms of this Agreement Company on or prior to the Closing Date.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (KIT Digital, Inc.), Agreement and Plan of Merger (KIT Digital, Inc.), Agreement and Plan of Merger (KIT Digital, Inc.)
Performance by the Company. The Company shall have performed or and complied in all material respects with all of the covenants its covenants, obligations and obligations agreements required by this Agreement to be performed or complied with by it under the terms of this Agreement on or prior to or as of the Closing DateClosing.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Sonic Automotive Inc), Agreement and Plan of Merger (RPX Corp), Agreement and Plan of Merger (Callaway Golf Co)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Subsequent Closing Date.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Health Sciences Group Inc), Convertible Preferred Stock Purchase Agreement (Health Sciences Group Inc), Convertible Preferred Stock Purchase Agreement (Health Sciences Group Inc)
Performance by the Company. The Company shall have performed or and complied in all material respects with all of the covenants agreements, obligations and obligations conditions contained in this Agreement that are required to be performed or complied with by it under the terms of this Agreement on or prior before such Closing and shall have obtained all approvals, consents and qualifications necessary to complete the Closing Datepurchase and sale described herein.
Appears in 3 contracts
Samples: Note Purchase Agreement (Fate Therapeutics Inc), Note Purchase Agreement (Fate Therapeutics Inc), Note Purchase Agreement (Fate Therapeutics Inc)
Performance by the Company. The Company shall have duly performed or and complied in all material respects with all of the covenants agreements and obligations conditions contained in this Agreement and required to be performed or complied with by it under the terms of this Agreement on Company at or prior to the Closing DateClosing.
Appears in 3 contracts
Samples: Subscription Agreement (Homeseekers Com Inc), Subscription Agreement (Homeseekers Com Inc), Subscription Agreement (Nanobac Pharmaceuticals Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants and obligations agreements required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.
Appears in 3 contracts
Samples: Execution Copy (Nathaniel Energy Corp), Notes and Warrant Purchase Agreement (Sheldahl Inc), Unit Purchase Agreement (Dcap Group Inc/)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.Closing;
Appears in 3 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Fonix Corp), Exchange Agreement (Markland Technologies Inc), Convertible Preferred Stock Purchase Agreement (Fonix Corp)
Performance by the Company. The Company shall have performed or performed, -------------------------- satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing DateClosing.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Nexell Therapeutics Inc), Common Stock Purchase Agreement (Tivo Inc), Common Stock Purchase Agreement (Leap Wireless International Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing applicable Advance Notice Date.
Appears in 3 contracts
Samples: Equity Purchase Agreement (Helbiz, Inc.), Equity Purchase Agreement (Helbiz, Inc.), Equity Purchase Agreement (Helbiz, Inc.)
Performance by the Company. The Company shall have performed or complied in all material respects with all of the its obligations and shall have materially complied with each and all of its covenants and obligations required to be performed or complied with by it under the terms of this Agreement on or prior to before the Closing Date.
Appears in 3 contracts
Samples: Holmes Products Corp. Investors Subscription Agreement (Holmes Products Corp), Fsi Merger (Donaldson Lufkin & Jenrette Inc /Ny/), Investors' Subscription Agreement (Lee Thomas H Equity Fund Iii L P)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.such date;
Appears in 3 contracts
Samples: Sales Agency Agreement (Inland Real Estate Corp), Sales Agency Agreement (Venoco, Inc.), Sales Agency Agreement (Inland Real Estate Corp)
Performance by the Company. The Company shall have performed or complied in all material respects with all of the covenants and obligations to be performed or complied with by it under the terms of this Agreement on or prior to the Closing Date. Acquiror shall have received a certificate signed by the chief executive officer and chief financial officer of the Company, dated the Closing Date, to the foregoing effect.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Centrue Financial Corp), Agreement and Plan of Merger (Midland States Bancorp, Inc.)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, complied with, or complied with satisfied by it under the terms of this Agreement Company on or prior to the Closing Date.
Appears in 2 contracts
Samples: Incorporation and Exchange Agreement (Hhgregg, Inc.), Incorporation and Exchange Agreement (Gregg Appliances Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing DateClosing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Total Luxury Group Inc), Stock Purchase Agreement (Total Luxury Group Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied, or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datesuch Closing.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Greenbrook TMS Inc.), Common Stock Purchase Agreement (Ludwig Enterprises, Inc.)
Performance by the Company. The Company shall have performed or performed, satisfied and complied with, in all material respects with respects, all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datesuch date.
Appears in 2 contracts
Samples: Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (DDR Corp)
Performance by the Company. The Company shall have performed or performed, satisfied and complied with, in all material respects with respects, all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on or prior to the Closing Date, and the Purchaser shall have received a certificate attesting thereto signed by the Chief Executive Officer of the Company.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Boca Research Inc), Common Stock Purchase Agreement (Infomatec Ag International Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datea Closing.
Appears in 2 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Homeland Security Capital CORP), Convertible Preferred Stock Purchase Agreement (Homeland Security Capital CORP)
Performance by the Company. The Company shall have performed or performed, satisfied and complied with in all material respects with all of the covenants and obligations agreements required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.
Appears in 2 contracts
Samples: Subordinated Notes and Warrant Purchase Agreement (Sheldahl Inc), Subordinated Notes and Warrant Purchase Agreement (Sheldahl Inc)
Performance by the Company. The Company shall have performed or performed, -------------------------- satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.Closing;
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Wolfpack Corp), Common Stock Purchase Agreement (Racom Systems Inc)
Performance by the Company. The Company shall have performed or and complied in all material respects with all of the covenants agreements, obligations and obligations conditions contained in this Agreement that are required to be performed or complied with by it under the terms of this Agreement on or prior to before the Closing Dateand shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.
Appears in 2 contracts
Samples: Convertible Note Purchase Agreement (Arno Therapeutics, Inc), Convertible Note Purchase Agreement (Nile Therapeutics, Inc.)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Agreements to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to before the Closing DateClosing.
Appears in 2 contracts
Samples: Purchase Agreement (Mellon HBV Alternative Strategies LLC), Purchase Agreement (Dennys Corp)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Second Closing Date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Path 1 Network Technologies Inc), Convertible Preferred Stock Purchase Agreement (BBN Global Consulting, Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Series B Closing Date.;
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Neotherapeutics Inc), Securities Purchase Agreement (Iat Multimedia Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datedate of the Closing.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Implant Sciences Corp), Note Purchase Agreement (Implant Sciences Corp)
Performance by the Company. The Company shall have performed or and complied in all material respects with all of the covenants agreements, obligations and obligations conditions contained in this Agreement that are required to be performed or complied with by it under the terms of this Agreement on or prior to the Closing Datebefore such Closing.
Appears in 2 contracts
Samples: Note Purchase Agreement (Restoration Robotics, Inc.), Note Purchase Agreement (Restoration Robotics, Inc.)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the First Closing Date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Path 1 Network Technologies Inc), Convertible Preferred Stock Purchase Agreement (BBN Global Consulting, Inc)
Performance by the Company. The Company shall have performed or complied in all material respects with all of the covenants and obligations to be performed or complied with by it under the terms of this Agreement on or prior to the Closing Date, except for the Company’s covenants and obligations in Section 7.5, which shall have been met in full.
Appears in 1 contract
Samples: Purchase and Assumption Agreement (QCR Holdings Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by this Agreement and the covenants and obligations other Transactions Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Subsequent Closing Date.;
Appears in 1 contract
Samples: Securities Purchase Agreement (World Wide Wireless Communications Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.Secondary Closing;
Appears in 1 contract
Samples: Securities Purchase Agreement (Mechanical Technology Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants and obligations agreements required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Initial Closing Date.
Appears in 1 contract
Samples: Notes and Warrant Purchase Agreement (Sheldahl Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on or prior to Company between the Closing Date and the Additional Settlement Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Millennium Cell Inc)
Performance by the Company. The Company shall have performed or complied in all material respects with all of the its obligations and shall have materially complied with each and all of its covenants and obligations required to be performed or complied with by it under the terms of this Agreement on or prior to before the Closing Date.. ARTICLE V
Appears in 1 contract
Samples: Exchange Agreement (Lee Thomas H Equity Fund Iii L P)
Performance by the Company. The Company shall have performed or complied in all material respects with all of the covenants and obligations to be performed or complied with by it under the terms of this Agreement on or prior to the Closing DateDate and shall have obtained and provided to Acquiror copies of all Third Party Consents and such other waivers or consents referenced in or required pursuant to Section 5.8.
Appears in 1 contract
Samples: Agreement and Plan of Merger (MidWestOne Financial Group, Inc.)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Dateeach Closing.
Appears in 1 contract
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.Closing;
Appears in 1 contract
Performance by the Company. The Company and all Subsidiaries shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.
Appears in 1 contract
Samples: Exchange and Waiver Agreement (Urigen Pharmaceuticals, Inc.)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required hereunder to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.
Appears in 1 contract
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.; and
Appears in 1 contract
Performance by the Company. The Company shall have performed or and complied in all material respects with all of the agreements and covenants and obligations contained in this Agreement to be performed or complied with by it under the terms of this Agreement on or prior to the Closing DateClosing.
Appears in 1 contract
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Daterelevant Closing.
Appears in 1 contract
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the respective Closing Date.
Appears in 1 contract
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to before the Closing Date., including, but not limited to, tendering the Payment to the Holders;
Appears in 1 contract
Samples: Exchange Agreement (Healthaxis Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions NOTE AND WARRANT PURCHASE AGREEMENT PAGE 21 required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the each Closing Date.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (In Touch Media Group, Inc.)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.Date and shall have delivered the Compliance Certificate substantially in the form attached hereto as Exhibit A.
Appears in 1 contract
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Subsequent Closing Date.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Quest Oil Corp)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants material covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Execution Date and each Settlement Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Vicor Technologies, Inc.)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.
Appears in 1 contract
Samples: Separation Agreement (Cyclone Power Technologies Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the such Closing Date.;
Appears in 1 contract
Samples: Convertible Debenture Purchase Agreement (Possis Medical Inc)
Performance by the Company. The Company shall have performed or complied in all material respects with all of the covenants and obligations agreements required to be performed or complied with by it under the terms of this Agreement on at or prior to the Closing DateEffective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Lexmark International Inc /Ky/)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Initial Closing Date.;
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Autonomous Technologies Corp)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Psinet Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.. (c)
Appears in 1 contract
Samples: Securities Purchase Agreement (Consolidated Energy Inc)
Performance by the Company. The Company shall have performed or complied in all material respects with all of the its agreements and covenants and obligations contained in this Agreement required to be performed or complied with by it under the terms of this Agreement on at or prior to the Closing DateClosing.
Appears in 1 contract
Performance by the Company. The Company shall have performed or and complied in all material respects with all of the covenants agreements, obligations and obligations conditions contained in this Agreement that are required to be performed or complied with by it under the terms of this Agreement on or prior to before the Closing Dateand shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (Glori Energy Inc.)
Performance by the Company. The Company shall have performed or complied in all -------------------------- material respects with all of the its obligations and shall have materially complied with each and all of its covenants and obligations required to be performed or complied with by it under the terms of this Agreement on or prior to before the Closing Date.
Appears in 1 contract
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by this Agreement and the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to before the First Closing Date.;
Appears in 1 contract
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.Closing. (c)
Appears in 1 contract
Samples: Share Purchase Agreement (Sapiens International Corp N V)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed or complied with by it under the terms of this Agreement Company on or prior to before the Closing DateClosing.
Appears in 1 contract
Samples: Shares Subscription Agreement (VinFast Auto Pte. Ltd.)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Dateapplicable Closing.
Appears in 1 contract
Samples: Securities Purchase Agreement (Aamaxan Transport Group, Inc.)
Performance by the Company. The Company shall have performed or and complied in all material respects with all of the covenants its covenants, obligations and obligations agreements required by this Agreement to be performed or complied with by it under the terms of this Agreement on or Company prior to or as of the Closing DateClosing.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Enpro Industries, Inc)
Performance by the Company. The Company shall have performed or and -------------------------- complied with all the covenants and agreements in all material respects with and satisfied in all of material respects all the covenants and obligations conditions required by this Agreement to be performed or complied with or satisfied by it under the terms of this Agreement on Company at or prior to the Closing DateEffective Time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Landrys Seafood Restaurants Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Third Closing Date.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (BBN Global Consulting, Inc)
Performance by the Company. The Company shall have performed or -------------------------- performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing DateClosing.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase (Skylynx Communications Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on or prior to Company between the Closing Date and the First Settlement Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Millennium Cell Inc)
Performance by the Company. The Company shall have performed or performed, satisfied, and complied in all material respects with all of the covenants covenants, agreements, and obligations conditions required by this Agreement to be performed performed, satisfied, or complied with by it under the terms of this Agreement on Company at or prior to the Closing DateClosing.
Appears in 1 contract
Samples: Series F Convertible Preferred Stock Issuance Agreement (BPO Management Services)
Performance by the Company. The Company shall have performed or complied performed, satisfied and complied, in all material respects respects, with all of the covenants covenants, agreements and obligations conditions required by this Agreement, any Terms Agreement or any Master Forward Confirmation to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datesuch date.
Appears in 1 contract
Samples: Sales Agency Financing Agreement (Eastgroup Properties Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the each Closing Date.. Note and Warrant Purchase Agreement
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Interlink Global Corp)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement or any of the covenants and obligations other Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing DateInitial Closing.
Appears in 1 contract
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to before the Closing Date.; and
Appears in 1 contract
Performance by the Company. The Company shall have performed or -------------------------- performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.Closing. (c)
Appears in 1 contract
Samples: Convertible Securities Subscription Agreement (GRC International Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date and the Funding Date.
Appears in 1 contract
