Common use of Performance by the Company Clause in Contracts

Performance by the Company. The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by the Company between the Closing Date and the First Additional Closing Date and no Event (as defined in the Registration Rights Agreement ) shall have occurred which has not been cured to the satisfaction of the Purchasers;

Performance by the Company. The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents and the First Additional Transaction Documents to be performed, satisfied or complied with by the Company between the Closing Date and the First Second Additional Closing Date and no Event (as defined in the Registration Rights Agreement ) shall have occurred which has not been cured to the satisfaction of the Purchasers;

Performance by the Company. The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by the Company between the Closing Date and the First Additional Closing Funding Date and no Event (as defined in the Registration Rights Agreement ) shall have occurred which has not been cured to the satisfaction of the Purchasers;

Performance by the Company. The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by the Company between the Closing Date and the First Additional Series C Closing Date and no Event or Triggering Event (each as defined in the Registration Rights Agreement Certificate of Designation) shall have occurred which has not been cured to the satisfaction of the Purchasersoccurred;

Performance by the Company. The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by the Company between the Closing Date and the First Second Additional Closing Funding Date and no Event (as defined in the Registration Rights Agreement ) shall have occurred which has not been cured to the satisfaction of the Purchasers;

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 Transaction Documents Registration Rights Agreement to be performed, satisfied or complied with by the Company between at or prior to the Series 1998-A2 Closing Date and the First Additional Series 1998-A3 Closing Date and no Event Date, as applicable. (as defined in the Registration Rights Agreement ) shall have occurred which has not been cured to the satisfaction of the Purchasers;d)

Performance by the Company. The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by the Company between the Closing Date and the First Additional Closing Date and no Event (as defined in the Registration Rights Agreement Agreement) shall have occurred which has not been cured to the satisfaction of the Purchasers;

Performance by the Company. The Company shall have performed, -------------------------- satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by the Company between the Closing Date and the First Additional Second Tranche Closing Date and no Event (as defined in the Registration Rights Agreement Agreement) shall have occurred which has not been cured to the satisfaction of the Purchasers;

Performance by the Company. The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by the Company between the Closing Date and the First Additional Closing Date and no Event (as defined in the Registration Rights Agreement ) shall have occurred which has not been cured to the satisfaction of the Purchasers;

Performance by the Company. The Company shall have timely performed, satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by the Company between the Closing Date and the First Additional Closing Date and no Event (as defined in the Registration Rights Agreement Agreement) shall have occurred which has not been cured to the satisfaction of the Purchasers;

Performance by the Company. The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by the Company between the Closing Date and the First Additional Closing Payment Date and no Event (as defined in the Registration Rights Agreement Agreement) shall have occurred which has not been cured to and in no Event of Default (as such term is defined in the satisfaction of the PurchasersDebenture) shall have occurred and be outstanding;

Performance by the Company. The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by the Company between the Closing Date and the First each Additional Closing Funding Date and no Event (as defined in the Registration Rights Agreement Agreement) shall have occurred which has not been cured to the satisfaction of the Purchaserscured;

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 Transaction Documents Registration Rights Agreement to be performed, satisfied or complied with by the Company between at or prior to the Series C Closing Date and the First Additional Series D Closing Date and no Event (Date, as defined in the Registration Rights Agreement ) shall have occurred which has not been cured to the satisfaction of the Purchasersapplicable;

Performance by the Company. The Company shall have timely performed, satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents (as defined herein) to be performed, satisfied or complied with by the Company between the Closing Date and the First Additional Closing Funding Date and no Event (as defined in the Registration Rights Agreement Agreement) shall have occurred which has not been cured to the satisfaction of the Purchaserscured;

Performance by the Company. The Company shall have timely performed, satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by the Company between the Closing Date and the First each Additional Closing Funding Date and no Event (as defined in the Registration Rights Agreement Agreement) shall have occurred which has not been cured to the satisfaction of the Purchaserscured;

Performance by the Company. The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents and the First Additional Closing Transaction Documents to be performed, satisfied or complied with by the Company between the Closing Date and the First Second Additional Closing Date and no Event of Default (as defined in the Registration Rights Agreement Convertible Debenture) whether or not declared, shall have occurred which has not been cured with respect to the satisfaction of Initial Securities or the PurchasersFirst Additional Securities;

Performance by the Company. The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by the Company between the Closing Date and the First Additional Second Tranche Closing Date and no Event (as defined in the Registration Rights Agreement ) shall have occurred which has not been cured to the satisfaction of the Purchasers;

Performance by the Company. The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by the Company between the Closing Date and the First Additional Closing Financing Date and no Event (as defined in the Registration Rights Agreement ) shall have occurred which has not been cured to the satisfaction of the Purchasers;