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.
Appears in 138 contracts
Samples: Drawdown Equity Financing Agreement (Evcarco, Inc.), Drawdown Equity Financing Agreement (Aqualiv Technologies, Inc.), Securities Purchase Agreement (Cord Blood America, Inc.)
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 and the Registration Rights Agreement to be performed, satisfied or complied with by the Investor at or prior to such Closingthe applicable Fixed Request Exercise Date and the applicable Settlement Date.
Appears in 47 contracts
Samples: Common Stock Purchase Agreement (DryShips Inc.), Common Share Purchase Agreement (Xoma LTD /De/), Common Stock Purchase Agreement (Depomed Inc)
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.
Appears in 17 contracts
Samples: Equity Distribution Agreement (Advanced Life Sciences Holdings, Inc.), Drawdown Equity Financing Agreement (Polar Petroleum Corp.), Drawdown Equity Financing Agreement (Portage Resources Inc.)
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.
Appears in 5 contracts
Samples: Equity Line of Credit Agreement (Forefront Inc), Credit Agreement (Forefront Inc), Credit Agreement (Forefront Inc)
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 and the Registration Rights Agreement to be performed, satisfied or complied with by the Investor at or prior to such Closing, and Investor shall provide a certificate to the Company, substantially in the form of that delivered by the Investor.
Appears in 5 contracts
Samples: Credit Agreement (Worldwide Wireless Networks Inc), Credit Agreement (Worldwide Wireless Networks Inc), Credit Agreement (Worldwide Wireless Networks Inc)
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 and the Registration Rights Agreement to be performed, satisfied or complied with by the Investor at or prior to such Closingthe applicable Put Date and the applicable Closing Date.
Appears in 4 contracts
Samples: Investment Agreement (Alphatec Holdings, Inc.), Investment Agreement (Intercloud Systems, Inc.), Investment Agreement (Intercloud Systems, Inc.)
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 and the Registration Rights Agreement to be performed, satisfied or complied with by the Investor at or prior to such Closing.
Appears in 4 contracts
Samples: Financing Agreement (Cygnus Inc /De/), Structured Equity Line Flexible Financing Agreement (Cygnus Inc /De/), Agreement (Elcom International Inc)
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 and the Registration Rights Agreement to be performed, satisfied or complied with by the Investor at or prior to such the Closing.
Appears in 4 contracts
Samples: Share Issuance Agreement (Sapiens International Corp N V), Share Purchase Agreement (Formula Systems (1985) LTD), Share Purchase Agreement (FIMI Opportunity Fund, L.P.)
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.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Falcon Natural Gas Corp), Equity Distribution Agreement (Intrepid Technology & Resource Inc), Equity Distribution Agreement (Intrepid Technology & Resource Inc)
Performance by the Investor. The Investor Investors 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.
Appears in 3 contracts
Samples: Fixed Price Equity Distribution Agreement (China Ivy School, Inc.), Equity Distribution Agreement (Industrial Electric Services Inc), Fixed Price (Gulf Resources, Inc.)
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 and the Registration Rights Agreement to be performed, satisfied or complied with by the Investor at or prior to such Closingthe applicable Purchase Condition Satisfaction Time.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Arcimoto Inc), Common Stock Purchase Agreement (Myomo, Inc.), Common Stock Purchase Agreement (Evofem Biosciences, Inc.)
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 and the Registration Rights Agreement to be performed, satisfied or complied with by the Investor at or prior to such Closingthe applicable Draw Down Request Exercise Date and the Closing Date or Subsequent Funding Date, as applicable.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Zell Credit Opportunities Side Fund, L.P.), Common Stock Purchase Agreement (Dune Energy Inc), Common Stock Purchase Agreement (Strategic Value Partners, LLC)
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 Put Closing.
Appears in 2 contracts
Samples: Credit Agreement (Staruni Corp), Credit Agreement (Staruni Corp)
Performance by the Investor. The Investor shall have performed, satisfied 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 satisfied, or complied with by the Investor at or prior to such each Closing.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Ludwig Enterprises, Inc.), Securities Purchase Agreement (Greenbrook TMS Inc.)
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.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Dauphin Technology Inc), Credit Agreement (Team Communications Group Inc)
Performance by the Investor. The Investor shall have performed, satisfied performed and complied in all respects with all covenantsagreements, agreements obligations and conditions required by contained in this Agreement and the Registration Rights Agreement that are required to be performed, satisfied performed or complied with by it on or before such Issuance Date and shall have obtained all approvals, consents and qualifications necessary to complete the Investor at or prior to such Closingpurchase and sale described herein.
Appears in 2 contracts
Samples: License and Supply Agreement (Mascoma Corp), Technology License and Supply Agreement (Mascoma Corp)
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.. LADOCS\2705384 2 16
Appears in 1 contract
Samples: Stock Purchase Agreement (Cbcom Inc)
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 and the Registration Rights Agreement to be performed, satisfied or complied with by the Investor at or prior to such Closingdate.
Appears in 1 contract
Performance by the Investor. The Investor shall will have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement and the Registration Rights Agreement Related Documents to be performed, satisfied or complied with by the Investor at or prior to such Closingthe applicable Put Exercise Date and the applicable Closing Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Sentio Healthcare Properties Inc)
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.
Appears in 1 contract
Samples: Equity Distribution Agreement (Roanoke Technology Corp)
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 Advance Closing.. 20NEXT PAGE
Appears in 1 contract
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.
Appears in 1 contract
Samples: Credit Agreement (Advanced Aerodynamics & Structures Inc/)
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 and Agreement, the Registration Rights Agreement and the Warrant to be performed, satisfied or complied with by the Investor at or prior to such ClosingInvestor.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (American Technology Corp /De/)
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 and the Registration Rights Agreement to be performed, satisfied or complied with by the Investor at or prior to such Closing, and Investor shall provide a certificate to the Company, substantially in the form of that delivered by the Investor at the Closing of the sale of the Initial Shares, to such effect.
Appears in 1 contract
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 ClosingSettlement Date.
Appears in 1 contract
Samples: Private Equity Line Financing Agreement (First Virtual Communications Inc)
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.
Appears in 1 contract
Samples: Equity Distribution Agreement (Intrepid Technology & Resource Inc)
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 Transaction Documents to be performed, satisfied or complied with by the Investor at or prior to such Closing.
Appears in 1 contract
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 and the Registration Rights Agreement to be performed, satisfied or complied with by the Investor at or prior to such Closingthe applicable Trade Date and the applicable Settlement Date.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Hermitage Offshore Services Ltd.)
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 performedperfom1ed, satisfied or complied with by the Investor at or prior to such Closing.
Appears in 1 contract
Samples: Securities Purchase Agreement (Las Vegas Railway Express, Inc.)
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 and the Registration Rights Agreement to be performed, satisfied or complied with by the Investor at or prior to such Closing; provided, further, that the Investor shall have fully performed its obligations to purchase shares of Common Stock pursuant to Section 2.1 herein with respect to the preceding Investment Period.
Appears in 1 contract
Samples: GRC International Inc
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 and the Registration Rights Agreement to be performed, satisfied or complied with by the Investor at or prior to such Closingthe applicable Fixed Purchase Notice Date and the applicable Forward Purchase Notice Date.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (CV Sciences, Inc.)
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 and the Registration Rights Agreement Related Documents to be performed, satisfied or complied with by the Investor at or prior to such Closingthe applicable Draw Down Exercise Date and the applicable Closing Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (RAIT Financial Trust)
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 and the Registration Rights Agreement to be performed, satisfied or complied with by the Investor at or prior to such Closing, and Investor shall provide a certificate to the Company, substantially in the form of that delivered by the Investor at the Closing of the sale of the initial shares, to such effect.
Appears in 1 contract
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 investor at or prior to such Closing.
Appears in 1 contract
Samples: Equity Line of Credit Agreement (Cardinal Communications, Inc)
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 and the Registration Rights Agreement to be performed, satisfied or complied with by the Investor at or prior to such Closing.
Appears in 1 contract
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 and the Registration Rights Agreement to be performed, satisfied or complied with by the Investor at or prior to such Closingthe applicable VWAP Purchase Condition Satisfaction Time.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Verb Technology Company, Inc.)
Performance by the Investor. The Investor shall have performed, satisfied and complied with in all material 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 Closingeach Condition Precedent Date.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Centura Software Corp)
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 performed or complied with by the Investor at on or prior to such before the Closing.
Appears in 1 contract
Samples: Shares Subscription Agreement (VinFast Auto Pte. Ltd.)
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 and the Registration Rights Agreement to be performed, satisfied or complied with by the Investor at or prior to such Closing, and Investor shall provide a certificate to the Company, substantially in the form of that delivered by the Investor at the Closing of the sale of the Initial Shares, to such effect.
Appears in 1 contract
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 and the Registration Rights Agreement to be performed, satisfied or complied with by the Investor at or prior to such Closing, and Investor shall provide a certificate to the Company, substantially in the form of that delivered by the Investor.
Appears in 1 contract
Samples: Credit Agreement (Cytrx Corp)
