Performance by the Company. The Company shall have performed, -------------------------- satisfied and complied in all respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or before the Closing Date;
Appears in 2 contracts
Samples: Exchange Agreement (Level 8 Systems Inc), Securities Purchase Agreement (Level 8 Systems Inc)
Performance by the Company. The Company shall have performed, -------------------------- ----------------------------- satisfied and complied in all respects with all covenants, agreements and conditions required by this Agreement the Transaction Documents to be performed, satisfied or complied with performed by the Company at or before the Closing Date;closing.
Appears in 2 contracts
Samples: Convertible Debenture Purchase Agreement (Amanda Co Inc), Convertible Debenture Purchase Agreement (Amanda Co Inc)
Performance by the Company. The Company shall have performed, -------------------------- satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement the Transaction Documents to be performed, satisfied or complied with by the Company at or before prior to the Closing DateClosing;
Appears in 2 contracts
Samples: Registration Rights Agreement (Fonix Corp), Registration Rights Agreement (Fonix Corp)
Performance by the Company. The Company shall have performed, -------------------------- satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement the Transaction Documents to be performed, satisfied or complied with by the Company at or before between the Closing Date and the Additional Closing Date;.
Appears in 2 contracts
Samples: Purchase Agreement (Markland Technologies Inc), Securities Purchase Agreement (Millennium Cell Inc)
Performance by the Company. The Company shall have -------------------------- performed, -------------------------- satisfied and complied in all respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or before prior to the Closing Date;Initial Closing.
Appears in 1 contract
Performance by the Company. The Company shall have performed, -------------------------- satisfied and complied in all respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or before prior to the Closing Date;.
Appears in 1 contract
Samples: Debenture and Warrant Purchase Agreement (Appiant Technologies Inc)
Performance by the Company. The Company shall have performed, -------------------------- satisfied and complied in all respects with all covenants, agreements and conditions required by this Agreement and the Warrants to be performed, satisfied or complied with by the Company at or before between the Initial Closing Date and the Additional Closing Date;
Appears in 1 contract
Performance by the Company. The Company shall have -------------------------- performed, -------------------------- satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement the Transaction Documents to be performed, satisfied or complied with by the Company at or before between the Closing Date and the Additional Funding Date;.
Appears in 1 contract
Samples: Secured Convertible Debenture Purchase Agreement (Demarco Energy Systems of America Inc)
Performance by the Company. The Company shall have performed, -------------------------- satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement the Transaction Documents to be performed, satisfied or complied with by the Company at or before prior to the Closing Date;
Appears in 1 contract
Performance by the Company. The Company shall have performed, -------------------------- satisfied and complied in all respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or before the prior to such Closing Date;.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Speedcom Wireless Corp)
Performance by the Company. The Company 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 Company at or before prior to the Closing Date;.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Charys Holding Co Inc)
Performance by the Company. The Company shall have performed, satisfied -------------------------- satisfied and complied in all respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or before prior to the Closing Date;. (c)
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (Imaging Technologies Corp/Ca)
Performance by the Company. The Company shall have -------------------------- performed, -------------------------- satisfied and complied in all respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company including, without limitation, Section 4.2, at or before prior to the Closing Date;First Closing.
Appears in 1 contract
Samples: Convertible Securities (Borland International Inc /De/)
Performance by the Company. The Company 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 Company at or before prior to the Closing Date;
Appears in 1 contract
Samples: Securities Purchase Agreement (Satcon Technology Corp)
Performance by the Company. The Company 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 Company at or before prior to the Closing DatePrimary Closing;
Appears in 1 contract
Samples: Securities Purchase Agreement (Satcon Technology Corp)
Performance by the Company. The Company 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 Company at or before prior to the Closing Date;.
Appears in 1 contract
Samples: Securities Purchase and Share Exchange Agreement (Cytation Corp)
Performance by the Company. The Company shall have performed, satisfied ---- -------------------------- satisfied and complied in all respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or before the Closing Date;
Appears in 1 contract
Samples: Securities Purchase Agreement (Level 8 Systems Inc)
Performance by the Company. The Company shall have performed, -------------------------- --------------------------- satisfied and complied in all respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or before prior to the Closing Date;Closing.
Appears in 1 contract
Samples: Convertible Securities Subscription Agreement (Chatterjee Purnendu)
Performance by the Company. The Company shall have performed, -------------------------- satisfied performed and complied in all material respects with all of its covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by obligations hereunder through the Company at or before the Closing Date;Closing.
Appears in 1 contract
Performance by the Company. The Company shall have performed, -------------------------- satisfied and complied in all respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or before prior to the Closing Date;Initial Closing.
Appears in 1 contract
Samples: Escrow Agreement (Hollis Eden Pharmaceuticals Inc /De/)
Performance by the Company. The Company shall have performed, -------------------------- satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement the Transaction Documents to be performed, satisfied or complied with by the Company at or before prior to the Series H Closing Date;
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Xoma Corp /De/)
Performance by the Company. The Company shall have -------------------------- performed, -------------------------- satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement and the other Transaction Documents to be performed, satisfied or complied with by the Company at or before prior to the Closing DateFirst Tranche Closing;
Appears in 1 contract
Performance by the Company. The Company 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 Company at or before prior to the Closing Date;Second Tranche Closing.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase (Net Value Holdings Inc)
Performance by the Company. The Company shall have performed, -------------------------- ---------------------------- satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement and the other Transaction Documents to be performed, satisfied or complied with by the Company at or before the Second Closing Date;
Appears in 1 contract
Samples: Securities Purchase Agreement (Soros Fund Management LLC)
Performance by the Company. The Company shall have performed, -------------------------- satisfied and complied in all respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or before prior to the Closing Date and the Funding Date;.
Appears in 1 contract
Performance by the Company. The Company 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 Company at or before prior to the Closing Date;First Tranche Closing.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase (Net Value Holdings Inc)
Performance by the Company. The Company shall have --------------------------- performed, -------------------------- satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement the Transaction Documents to be performed, satisfied or complied with by the Company at or before between the Closing Date and the Additional Funding Date;.
Appears in 1 contract
Samples: Secured Convertible Debenture Purchase Agreement (Achievement Tech Holdings Inc /Id/)
Performance by the Company. The Company 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 Company at or before prior to the Closing DateSecondary Closing;
Appears in 1 contract
Samples: Securities Purchase Agreement (Satcon Technology Corp)
Performance by the Company. The Company 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 Company at or before prior to the Closing Date;Closing. Without limiting the generality of the foregoing, with respect to the Second Tranche Closing, the Company shall have timely filed the Current Report on Form 8-K required under Article 3.
Appears in 1 contract
Samples: Common Stock and Warrants Purchase Agreement (Alteon Inc /De)