Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with all covenants and conditions, contained in this Agreement to be performed or complied with by it prior to or on the Closing Date.
Appears in 13 contracts
Samples: Agreement and Plan of Merger (Provide Commerce Inc), Agreement and Plan of Merger (Actv Inc /De/), Agreement and Plan of Reorganization (Icg Holdings Canada Co /Co/)
Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with all covenants and conditions, contained in this Agreement herein required to be performed or complied with by it on or prior to or on the applicable Closing Date.
Appears in 12 contracts
Samples: Securities Purchase Agreement (Link Resources Inc.), Securities Purchase Agreement (China Broadband Inc), Securities Purchase Agreement (Olympus Pacific Minerals Inc)
Performance of Agreements. The Company shall have duly executed and delivered this Agreement and the Registration Rights Agreement and shall have performed in all material respects all obligations and agreements, and complied in all material respects with all covenants covenants, obligations and conditions, contained in this Agreement agreements to be performed or complied with by it prior to on or on before the Closing DateDate pursuant to this Agreement.
Appears in 9 contracts
Samples: Purchase and Line of Credit Agreement (Milestone Scientific Inc/Nj), Purchase Agreement (Milestone Scientific Inc/Nj), Purchase Agreement (Milestone Scientific Inc/Nj)
Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, agreements and complied in all material respects with all covenants and conditions, contained in this Agreement or any other Operative Document to be performed or and complied with by it at or prior to or on the Closing DateClosing.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Advanced Digital Information Corp), Agreement and Plan of Merger (Innerspace Corp), Agreement and Plan of Merger (Primus Knowledge Solutions Inc)
Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with all covenants and conditions, contained in this Agreement agreements herein required to be performed by the Company on or complied with by it prior to or on before the Closing DateEffective Time.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (First Mid Bancshares, Inc.), Agreement and Plan of Merger (First Mid Illinois Bancshares Inc), Agreement and Plan of Merger (First Mid Bancshares, Inc.)
Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with all covenants and conditions, conditions contained in this Agreement Agreement, to be performed or complied with by it prior to or on at the Closing Date.
Appears in 6 contracts
Samples: Common Stock Purchase Agreement (Metrocall Inc), Common Stock Purchase Agreement (Metrocall Inc), Securities Exchange Agreement (At&t Corp)
Performance of Agreements. The Company shall have performed in all material respects all obligations agreements contained herein and agreements, and complied in all material respects with all covenants and conditions, contained in this Agreement required to be performed or complied with by it prior to or on at the Closing and all of the representations and warranties made by it and Securityholders in this Agreement shall be true and correct as of the Closing Date.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Puroflow Inc), 1 Agreement and Plan of Merger (Conceptronic Inc / De), Employment Agreement (Arguss Holdings Inc)
Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with all covenants each agreement and conditions, contained in obligation required by this Agreement to be performed or complied with by it the Company on or prior to or on the Closing DateClosing.
Appears in 3 contracts
Samples: Warrant Exchange Agreement (Sphere 3D Corp), Exchange Agreement (Iconic Brands, Inc.), Warrant Exchange Agreement (hopTo Inc.)
Performance of Agreements. The Company shall will have performed in all material respects all obligations and agreements, and complied in all material respects with all each of the covenants and conditions, contained in agreements under this Agreement that are to be performed or complied with by it prior to or on the Closing DateClosing.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Remitly Global, Inc.), Agreement and Plan of Merger (Bill.com Holdings, Inc.), Agreement and Plan of Merger (Bill.com Holdings, Inc.)
Performance of Agreements. The Company shall will have performed in all material respects all obligations and agreements, and complied in all material respects with all covenants and conditions, contained in this Agreement to be performed or complied with by it prior to or on the Closing Date.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (On Command Corp), Agreement and Plan of Merger (Liberty Satellite & Technology Inc), Agreement and Plan of Merger (Liberty Satellite & Technology Inc)
Performance of Agreements. The Company shall have performed in all material respects have performed and complied with all obligations and agreements, and complied in all material respects with all covenants and conditions, agreements contained in this Agreement Agreement, and executed all agreements and documents (including the Related Securities Agreements) to be performed or performed, complied with or executed by it on or prior to or on the Closing Date.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Occidental Petroleum Corp /De/), Securities Purchase Agreement (Lyondell Chemical Co), Securities Purchase Agreement (Occidental Petroleum Corp /De/)
Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with all covenants and conditions, contained in this Agreement herein required to be performed or complied with by it on or prior to or on the Closing Date.
Appears in 3 contracts
Samples: Securities Purchase Agreement (China Broadband Inc), Securities Purchase Agreement (You on Demand Holdings, Inc.), Securities Purchase Agreement (International Isotopes Inc)
Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with all each of the covenants and conditions, contained in agreements under this Agreement that are to be performed or complied with by it prior to or on the Closing DateClosing.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Versus Systems Inc.), Agreement and Plan of Merger (Versus Systems Inc.), Agreement and Plan of Merger (Lululemon Athletica Inc.)
Performance of Agreements. The Company and the Shareholders shall have performed in all material respects all obligations and agreements, agreements and complied in all material respects with all covenants and conditions, conditions contained in this Agreement or any other Related Document to be performed or and complied with by it them at or prior to or on the Closing DateClosing.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Pipeline Data Inc), Agreement and Plan of Merger (Pipeline Data Inc), Agreement and Plan of Merger (Pipeline Data Inc)
Performance of Agreements. The Company and the Shareholders shall have duly performed in all material respects all obligations and agreements, and complied in all material respects with all covenants and conditions, obligations contained in this Agreement or any other Transaction Document that are required to be performed or complied with by it prior to them on or on before the Closing Date.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Deep Green Waste & Recycling, Inc.), Stock Purchase Agreement (HouseValues, Inc.), Stock Purchase Agreement (HouseValues, Inc.)
Performance of Agreements. The Company shall have performed in all material respects all obligations performed, complied with and agreements, and complied in all material respects with satisfied all covenants and conditions, of the Company contained in this Agreement required by this Agreement to be performed or complied with satisfied by it at or prior to or on the Closing DateDate in all material respects.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (FMFG Ownership, Inc.), Agreement and Plan of Merger (First Montauk Financial Corp)
Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, agreements and complied in all material respects with all covenants and conditions, contained in this Agreement or any Ancillary Agreement to be performed or and complied with by it at or prior to or on the Closing DateClosing.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Corillian Corp), Stock Purchase Agreement (Corillian Corp)
Performance of Agreements. The Company shall have performed in all material respects all obligations agreements and agreements, and complied in satisfied all material respects with all covenants and conditions, contained in conditions which this Agreement to provides shall be performed or complied with satisfied by it prior to on or on before the Restatement Closing Date.
Appears in 2 contracts
Samples: Credit Agreement (Northstar Health Services Inc), Credit Agreement (Clark Refining & Marketing Inc)
Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with all of its covenants and conditions, other obligations contained in this Agreement and in the other Sale Agreements required to be performed or complied with by it prior to the Company at or on before the Closing Date.
Appears in 2 contracts
Samples: Second Amended And (Scan Optics Inc), Subscription and Repurchase Agreement (Scan Optics Inc)
Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with all covenants and conditions, contained in this Agreement and each of the Ancillary Agreements to be performed or complied with by it prior to or on at the Initial Closing Date.
Appears in 2 contracts
Samples: Subscription Agreement (NewStar Financial, Inc.), Founders Subscription Agreement (NewStar Financial, Inc.)
Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, agreements and complied in all material respects with all covenants and conditions, contained in this Agreement or any other Operative Document to be performed or and complied with by it them at or prior to or on the Closing DateClosing.
Appears in 2 contracts
Samples: 1 Agreement and Plan of Merger (Amazon Com Inc), Agreement and Plan of Merger (Amazon Com Inc)
Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, agreements and complied in all material respects with all covenants and conditions, contained in this Agreement or any Operative Document to be performed or and complied with by it at or prior to or on the Closing DateClosing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Shopnow Com Inc), Voting Agreement (Ubarter Com Inc)
Performance of Agreements. The Company shall have ------------------------- performed in all material respects all obligations and agreements, and complied in all material respects with all of its covenants and conditions, agreements contained in this Agreement which are required to be performed or complied with by it on or prior to or on the Closing Date.
Appears in 2 contracts
Samples: 6 Stock Purchase Agreement (Pierce Leahy Corp), 6 Stock Purchase Agreement (Pierce Leahy Corp)
Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, agreements and complied in all material respects with all covenants and conditions, contained in this Agreement or any other Transaction Document to be performed or and complied with by it the Company at or prior to or on the Closing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Usani LLC), Agreement and Plan of Merger (Usani LLC)
Performance of Agreements. The Company and Shareholders shall have performed in all material respects performed all obligations and agreements, agreements and complied in all material respects with all covenants and conditions, conditions contained in this Agreement to be performed or and complied with by it them on or prior to or on the Closing Date.
Appears in 2 contracts
Samples: Merger Agreement (Onesource Technologies Inc), Merger Agreement (Onesource Technologies Inc)
Performance of Agreements. The Company shall have performed in and complied with all material respects all covenants, obligations and agreements, and complied in all material respects with all covenants and conditions, contained in this Agreement agreements to be performed or complied with by it prior to them on or on before the Closing DateDate pursuant to this Agreement.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Claremont Technologies Corp), Stock Purchase Agreement (Claremont Technologies Corp)
Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with all covenants covenants, obligations and conditions, contained in this Agreement agreements to be performed or complied with by it prior to them on or on before the Closing DateDate pursuant to this Agreement.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Empire Financial Holding Co), Stock Exchange Agreement (Empire Financial Holding Co)
Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with all covenants and conditions, contained in this Agreement required to be performed or complied with by it under this Agreement and the Underwriting Agreement at or prior to or on the Closing DateTime.
Appears in 2 contracts
Samples: Share Repurchase Agreement (TRW Automotive Holdings Corp), Stock Purchase Agreement (Houston Exploration Co)
Performance of Agreements. The Company shall have performed in all ------------------------- material respects all obligations and agreements, and complied in all material respects with all covenants and conditions, contained in this Agreement to be performed or complied with by it prior to or on the Closing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Liberty Media Corp /De/), Agreement and Plan of Merger (Four Media Co)
Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, agreements and complied in all material respects with all covenants and conditions, contained in this Agreement or any other Operative Document to be performed or and complied with by it at or prior to or on the Closing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Zillow Inc), Agreement and Plan of Merger (Zillow Inc)
Performance of Agreements. The Company shall have performed in ------------------------- all material respects all obligations and agreements, and complied in all material respects with all covenants and conditions, contained in this Agreement to be performed or complied with by it prior to or on the Closing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Tele Communications Inc /Co/), Agreement and Plan of Merger (Liberty Media Corp /De/)
Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with all covenants covenants, obligations and conditions, agreements contained in this Agreement to be performed or complied with by it prior to on or on before the Closing Date.Closing;
Appears in 1 contract
Performance of Agreements. The Company shall have duly executed and delivered the Transaction Documents and shall have performed in all material respects all obligations and agreements, and complied in all material respects with all covenants covenants, obligations and conditions, contained in this Agreement agreements to be performed or complied with by it prior to on or on before the Closing DateDate pursuant to the Transaction Documents.
Appears in 1 contract
Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with all covenants and conditions, contained in agreements required by this Agreement to be performed or complied with by it the Company on or prior to or on the Closing Datesuch date.
Appears in 1 contract
Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, agreements and complied in all material respects with all covenants and conditions, conditions contained in this Agreement to be performed or complied with by it it/them at or prior to or on the Closing Datein all material respects.
Appears in 1 contract
Samples: Stock Purchase Agreement (Capital Corp of the West)
Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, agreements and complied in all material respects with all covenants and conditions, conditions contained in this Agreement or otherwise contemplated hereby to be performed or and complied with by it at or prior to or on the Closing Date., and Parent shall have received a certificate of the Company dated the Closing Date and signed by an officer of the Company certifying to the fulfillment of this condition;
Appears in 1 contract
Samples: Agreement and Plan of Merger (Ps Group Holdings Inc)
Performance of Agreements. The Company shall have performed in ------------------------- all material respects all obligations and agreements, and complied in all material respects with all covenants and conditions, conditions contained in this Agreement Agreement, to be performed or complied with by it prior to or on at the Closing Date.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Data Critical Corp)
Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with all covenants and conditions, contained in this Agreement to be performed or complied with by it prior to or on at the Closing DateClosing.
Appears in 1 contract
Samples: Stock Purchase Agreement (Dusa Pharmaceuticals Inc)
Performance of Agreements. The Company and the Shareholders shall have performed in all material respects all obligations and agreements, agreements and complied in all material respects with all covenants and conditions, conditions contained in this Agreement or any other Transaction Document to be performed or and complied with by it them at or prior to or on the Closing DateClosing.
Appears in 1 contract
Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with satisfied all covenants and conditions, contained in agreements required by this Agreement to be performed or complied with satisfied by it at or prior to or on the Closing DateClosing.
Appears in 1 contract
Performance of Agreements. The Company shall have performed in ------------------------- all material respects all obligations and agreements, agreements and complied in all material respects with all covenants and conditions, conditions contained in this Agreement or otherwise contemplated hereby to be performed or and complied with by it at or prior to or on the Closing Date., and Parent shall have received a certificate of the Company dated the Closing Date and signed by an officer of the Company certifying to the fulfillment of this condition;
Appears in 1 contract
Samples: Agreement and Plan of Merger (Dma Holdings Inc /In)
Performance of Agreements. The Company shall have performed in all material respects all obligations each obligation and agreementsagreement, and complied in all material respects with all covenants and conditionseach covenant, contained in this Agreement or any other Operative Document to be performed or complied with by it the Company at or prior to or on the Closing DateClosing.
Appears in 1 contract
Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with all covenants and conditions, contained in this Agreement or in any document, agreement or instrument delivered by any or all of them pursuant hereto and required to be performed or complied with by it any or all of them at or prior to or on the Closing Date.
Appears in 1 contract
Samples: Asset Purchase Agreement (Entrust Financial Services Inc)
Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, agreements and complied in all material respects with all covenants and conditions, contained in this Agreement or any other Transaction Document to be performed or and complied with by it at or prior to the Closing. The Principal Stockholders shall have performed in all material respects all obligations and agreements and complied in all material respects with all covenants contained in this Agreement or on any other Transaction Document to be performed and complied with by them at or prior to the Closing DateClosing.
Appears in 1 contract
Performance of Agreements. The Company shall have performed in all material respects all the obligations and agreementsrequired to be performed by it under this Agreement at or prior to the Closing, and complied the Company and each Company Related Party shall have performed in all material respects with all covenants and conditions, contained in this Agreement the obligations required to be performed or complied with by it under the Letter Agreement at or prior to or on the Closing Dateand the Letter Agreement shall remain in full, force and effect.
Appears in 1 contract
Samples: Agreement and Plan of Merger (United Community Banks Inc)
Performance of Agreements. The Company, the Company Subsidiaries and each Shareholder shall have performed in all material respects all the obligations and agreements, agreements and complied in all material respects with all covenants and conditions, contained in this Agreement or any other Operative Document to be performed or and complied with by him, her or it at or prior to or on the Closing DateClosing.
Appears in 1 contract
Performance of Agreements. The Company and each of its Subsidiaries shall have performed in all material respects all obligations and agreements, and complied in all material respects with all covenants and conditions, contained in this Agreement to be performed or complied with by it prior to or on the Closing Date.
Appears in 1 contract
Samples: Assets Purchase Agreement (Fusion Telecommunications International Inc)
Performance of Agreements. The Company shall have performed in all material respects all ------------------------- obligations and agreements, agreements and complied in all material respects with all covenants and conditions, conditions contained in this Agreement to be performed or complied with by it at or prior to or on the Closing Date.
Appears in 1 contract
Performance of Agreements. The Company shall have performed have, in all material respects respects, performed all obligations and agreements, agreements and complied in all material respects with all covenants and conditions, conditions contained in this Agreement to be performed or and complied with by it on or prior to or on the Closing Merger Date, unless otherwise waived by Buyer.
Appears in 1 contract
Samples: Agreement and Plan of Merger (InPlay Technologies, Inc.)
Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with all each of the covenants and conditions, contained in agreements under this Agreement that are to be performed or complied with by it Company prior to or on the Closing DateClosing.
Appears in 1 contract
Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, agreements and complied in all material respects with all covenants and conditions, contained in this Agreement or any other Operative Document to be performed or and complied with by it at or prior to or on the Closing DateClosing.
Appears in 1 contract
Performance of Agreements. The Company shall have performed in all material respects all obligations performed, complied with and agreements, and complied in all material respects with satisfied all covenants and conditions, contained in of the Company that are required by this Agreement to be performed or complied with satisfied by it at or prior to or on the Closing Date.
Appears in 1 contract
Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with satisfied all covenants and conditions, contained in agreements required by this Agreement to be performed or complied with satisfied by it them at or prior to or on the Closing DateClosing.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Readers Digest Association Inc)
Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with all agreements, covenants and conditions, contained in this Agreement commitments required to be performed by or complied with by it pursuant to the terms hereof on or prior to or on the Closing Date.
Appears in 1 contract
Performance of Agreements. The Company shall have performed in all material respects all obligations agreements and agreements, and complied in satisfied all material respects with all covenants and conditions, contained in conditions which this Agreement to provides shall be performed or complied with satisfied by it prior to on or on before the Closing Date.
Appears in 1 contract
Performance of Agreements. The Company shall have performed and complied with in all material respects all obligations and agreements, and complied in all material respects with all covenants and conditions, contained in this Agreement the Transaction Documents required to be performed or complied with by it on or prior to or on the applicable Closing Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (You on Demand Holdings, Inc.)
Performance of Agreements. The Company shall have performed performed, complied with and satisfied, in all material respects all obligations and agreementsrespects, and complied in all material respects with all covenants and conditions, contained in agreements required by this Agreement to be performed or performed, complied with or satisfied by it at or prior to or on the Closing DateClosing.
Appears in 1 contract
Performance of Agreements. The Company shall have observed, performed and complied with, in all material respects respects, all covenants, obligations and agreements, and complied in all material respects with all covenants and conditions, contained in conditions of this Agreement required to be observed, performed or and complied with by it the Company at or prior to or on the Closing DateEffective Time.
Appears in 1 contract
Performance of Agreements. The Company shall have duly executed and delivered this Agreement and the Registration Rights Agreement and shall have performed in all material respects all obligations and agreements, and complied in all material respects with all covenants covenants, obligations and conditions, contained in this Agreement agreements to be performed or complied with by it prior to on or on before the Closing Datedate hereof.
Appears in 1 contract
Samples: Line of Credit Agreement (Milestone Scientific Inc/Nj)
Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, and complied in all material respects with all covenants each agreement, covenant and conditions, contained in obligation required by this Agreement to be performed or complied with by it the Company on or prior to or on the Closing Date.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Par Petroleum Corp/Co)
Performance of Agreements. The Company shall have performed in all material respects all obligations and agreements, agreements and complied in all material respects with all covenants and conditions, conditions contained in this Agreement or otherwise contemplated hereby to be performed or and complied with by it at or prior to or on the Closing Date., and Parent shall have received a certificate of the Company dated the Closing Date and signed by an officer of the Company certifying to the fulfillment of this condition; (c)
Appears in 1 contract
Samples: Agreement and Plan of Merger (Audio Communications Network Inc)
Performance of Agreements. The Company shall have performed and satisfied, in all material respects all obligations and agreementsrespects, and complied in all material respects with all covenants and conditions, contained in agreements required by this Agreement to be performed or complied with satisfied by it at or prior to or on the Closing DateClosing.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Central Garden & Pet Co)
Performance of Agreements. The Company shall have performed in -------------------------- and complied with all material respects all covenants, obligations and agreements, and complied in all material respects with all covenants and conditions, contained in this Agreement agreements to be performed or complied with by it prior them on or before the Effective Time pursuant to or on the Closing Datethis Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Share (Anything Internet Corp)
