Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing.
Appears in 38 contracts
Samples: Registration Rights Agreement (Resource America Inc), Exchange Agreement (Horizon Offshore Inc), Exchange Agreement (Horizon Offshore Inc)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the ClosingClosing Date.
Appears in 16 contracts
Samples: Note Purchase Agreement (Time America Inc), Warrant Exercise Agreement (China Hydroelectric Corp), Unit Purchase Agreement (Bestnet Communications Corp)
Performance by the Company. The Company shall have performed has complied with all agreements and satisfied all conditions required on its part to be performed or satisfied by the Company at or prior to the Closingsuch date.
Appears in 15 contracts
Samples: Sales Agency Financing Agreement (Southern Co), Sales Agency Financing Agreement (Southern Co), Sales Agency Financing Agreement (Southern Co)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company pursuant to this Agreement at or prior to the Closing, unless any such agreement or condition is waived by the Purchaser in writing at or prior to Closing.
Appears in 10 contracts
Samples: Stock Purchase Agreement (Medical International Technology Inc), Stock Purchase Agreement (Medical International Technology Inc), Subscription Agreement (Wavetech International Inc)
Performance by the Company. The Company shall have performed and satisfied all agreements and satisfied all conditions which it is required by this Agreement to be performed perform or satisfied by the Company at or satisfy prior to or on the ClosingClosing Date.
Appears in 6 contracts
Samples: Securities Exchange Agreement (Avery Communications Inc), Warrant Exercise and Securities Exchange Agreement (Avery Communications Inc), Merger Agreement (Crown Crafts Inc)
Performance by the Company. The Company shall have performed all -------------------------- agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing.
Appears in 4 contracts
Samples: Preferred Stock Investment Agreement (Roberts Pharmaceutical Corp), Series B Preferred Stock Investment Agreement (Koo Koo Roo Inc/De), Preferred Stock Investment Agreement (PHP Healthcare Corp)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company pursuant to this Agreement and the Escrow Agreement at or prior to the Closing, unless any such agreement or condition is waived by the Purchaser in writing at or prior to Closing.
Appears in 3 contracts
Samples: Note Purchase Agreement (Aimrite Holdings Corp), Note Purchase Agreement (Upside Development Inc), 1b Note Purchase Agreement (Ginsite Materials Inc)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closingapplicable closing, including, without limitation, delivery of certificates representing the Securities and the Warrants, as applicable.
Appears in 3 contracts
Samples: Common Stock Investment Agreement (Telular Corp), Common Stock Investment Agreement (Plato Learning Inc), Common Stock Investment Agreement (Hollywood Com Inc)
Performance by the Company. The Company shall have performed all agreements and covenants and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing.
Appears in 3 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Able Telcom Holding Corp), Convertible Preferred Stock Purchase Agreement (Able Telcom Holding Corp), Convertible Debenture Purchase Agreement (American International Petroleum Corp /Nv/)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing, including, without limitation, delivery of the certificates representing the Common Shares issued to Purchaser.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Myriad Entertainment & Resorts, Inc.), Securities Purchase Agreement (Synergy 2000 Inc), Securities Purchase Agreement (Myriad Entertainment & Resorts, Inc.)
Performance by the Company. The Company shall have performed and complied with all of its covenants, agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to obligations hereunder through the Closing.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Rackable Systems, Inc.), Securities Purchase Agreement (Rackable Systems, Inc.), Securities Purchase Agreement (Rackable Systems, Inc.)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing, including, without limitation, delivery of certificates representing the applicable Securities.
Appears in 3 contracts
Samples: Common Stock Investment Agreement (Constellation 3d Inc), Common Stock Investment Agreement (Constellation 3d Inc), Common Stock Investment Agreement (Constellation 3d Inc)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closingapplicable closing, including, without limitation, delivery of certificates representing the applicable Securities.
Appears in 2 contracts
Samples: Common Stock Investment Agreement (Blue Zone Inc), Common Stock Investment Agreement (Pharmos Corp)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing, including, without limitation, delivery of the Common Shares to the Purchaser.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Star Scientific Inc), Securities Purchase Agreement (Star Scientific Inc)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing, including, without limitation, delivery of certificates representing the Preferred Shares and Warrants issued to Investor.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Netguru Inc), Securities Purchase Agreement (Genesisintermedia Com Inc)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing, including, without limitation, delivery of the Debentures and Warrants issued to Purchaser.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Genesisintermedia Com Inc), Securities Purchase Agreement (Viragen Inc)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing, including, without limitation, delivery of certificates representing the Preferred Shares issued to Investor.
Appears in 2 contracts
Samples: Put and Call Agreement (Secure Computing Corp), Put and Call Agreement (Secure Computing Corp)
Performance by the Company. The Company shall have performed and complied with all agreements and satisfied all conditions required by this Agreement to be performed or satisfied complied with by the Company at it on or prior to the ClosingClosing Date.
Appears in 2 contracts
Samples: Financing Agreement (Pathways Group Inc), Financing Agreement (Pathways Group Inc)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing, including, without limitation, delivery of the Preferred Shares and Warrants.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Chromavision Medical Systems Inc), Securities Purchase Agreement (Vaxgen Inc)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closingsuch Closing Date.
Appears in 2 contracts
Samples: Second Warrant and Senior Subordinated Convertible Note Purchase Agreement (Dynacs Inc), Warrant and Senior Subordinated Convertible Note Purchase Agreement (Dynacs Inc)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at on or prior to the ClosingClosing Date.
Appears in 2 contracts
Samples: Note Purchase Agreement (Clean Wind Energy Tower, Inc.), Stock Purchase Agreement (HC Innovations, Inc.)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing, including, without limitation, delivery of certificates representing the Preferred Shares and Warrants issued to Investors.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Stemcells Inc), Securities Purchase Agreement (Stemcells Inc)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company under this Agreement, the Debentures and the Warrants at or prior to the Closing.
Appears in 1 contract
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing, including, without limitation, delivery of the Notes issued to Investors.
Appears in 1 contract
Samples: Convertible Note Investment Agreement (Sunshine Mining & Refining Co)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closingany Closing Date.
Appears in 1 contract
Samples: Subordinated Convertible Note Purchase Agreement (Mansur Industries Inc)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at on or prior to the ClosingStandby Closing Date.
Appears in 1 contract
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing.
Appears in 1 contract
Samples: Preferred Stock Investment Agreement (Ramtron International Corp)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing, including, without limitation, delivery of the Convertible Notes to the Purchaser on the Closing Date, as applicable.
Appears in 1 contract
Samples: Securities Purchase Agreement (Isco International Inc)
Performance by the Company. The Company shall have performed all -------------------------- agreements and satisfied all conditions required to be performed or satisfied by the Company pursuant to this Agreement at or prior to the Closing, unless any such agreement or condition is waived by the Purchaser in writing at or prior to Closing.
Appears in 1 contract
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing, including, without limitation, delivery of the Preferred Units to the Purchaser.
Appears in 1 contract
Samples: Securities Purchase Agreement (Atlas Pipeline Partners Lp)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company them at or prior to the Closing.
Appears in 1 contract
Samples: Note Purchase Agreement (Eagle Wireless International Inc)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing, including, without limitation, delivery of the Debentures and Warrants.
Appears in 1 contract
Samples: Securities Purchase Agreement (Hybrid Networks Inc)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company pursuant to this Agreement and the Escrow Agreement at or prior to the Closing.
Appears in 1 contract
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing, including payment of the Purchase Price and Convertible Note Accrued Interest to the Seller as provided herein.
Appears in 1 contract
Samples: Securities Purchase Agreement (RAIT Financial Trust)
Performance by the Company. The Company shall have performed in all material respects all agreements and covenants and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing.
Appears in 1 contract
Samples: Convertible Debenture and Warrant Purchase Agreement (Cygnus Inc /De/)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing, including, without limitation, adoption (and filing as applicable) of the Certificate of Designation, issuance of the Preferred Stock, and delivery of the Preferred Stock to the Purchaser on the Closing Date, as applicable.
Appears in 1 contract
Samples: Securities Purchase Agreement (NANOPHASE TECHNOLOGIES Corp)
Performance by the Company. The Company shall have performed all ---------------------------- agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the ClosingClosing Date.
Appears in 1 contract
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing, including, without limitation, delivery of certificates representing the Preferred Shares, Options and Warrants issued to Investor.
Appears in 1 contract
Samples: Securities Purchase Agreement (Microware Systems Corp)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing, including issuance of the Purchased Preferred Shares to the Purchasers.
Appears in 1 contract
Performance by the Company. The Company shall have performed all -------------------------- agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the such Closing.
Appears in 1 contract
Samples: Debenture Purchase Agreement (Constellation 3d Inc)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing, including, without limitation, delivery of the Warrants and certificates representing the Preferred Shares issued to Investor.
Appears in 1 contract
Samples: Preferred Stock Investment Agreement (Stan Lee Media Inc)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing, including, without limitation, delivery of the Debentures and Warrants to the Purchasers.
Appears in 1 contract
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing, including, without limitation, delivery of the Convertible Note to the Purchaser on the Closing Date, as applicable.
Appears in 1 contract
Samples: Securities Purchase Agreement (NANOPHASE TECHNOLOGIES Corp)
