Performance of the Company Clause Samples

Performance of 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 prior to the applicable Closing Date. The Company shall have delivered to the Investor on the applicable Closing Date a written certification by an executive officer of the Company to the foregoing effect.

Performance of 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 Initial Note and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to the First Additional Closing Notice Date and the First Additional Closing Date (as applicable). The Company shall have delivered to the Investor on the First Additional Closing Date a written certification by an executive officer of the Company to the foregoing substantially in the form attached hereto as Exhibit E.

Performance of the Company. The Company shall have performed and complied in all material respects with all agreements, covenants and conditions required by the Company Documents to be performed or complied with by the Company at or before the Effective Time.

Performance of the Company. Each of the obligations of the Company to be performed at or before the Closing Date pursuant to the terms of this Agreement shall have been duly performed in all material respects at or before the Closing Date, and, at the Closing Date, the Company shall have delivered to Parent a certificate to such effect signed by a duly authorized officer of the Company.

Performance of 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 prior to the applicable VWAP Purchase Condition Satisfaction Time. The Company shall have delivered to the Investor at or prior to the applicable VWAP Purchase Condition Satisfaction Time the Compliance Certificate substantially in the form attached hereto as Exhibit D.

Performance of the Company. All covenants, agreements and conditions contained in this Agreement to be performed or complied with by the Company on or prior to the Closing Date shall have been performed or complied with in all material respects.

Performance of the Company. The Company, the Subsidiary, the Stockholders and their Affiliates shall have performed, satisfied and complied in all material respects with all obligations and covenants required to be performed by each of it under this Agreement on or before the Closing Date, and at the Closing the Company, and the Subsidiary shall each have delivered to Buyer a certificate to such effect dated the Closing Date and signed by the President and the Secretary of the Company, the Stockholders and the managing members in substantially the form attached hereto as Exhibit A.

Performance of the Company. The Company shall have performed all obligations and agreements and complied with all covenants and other items contained in this Agreement required to be performed or fulfilled by the Company on or before the Closing Date.

Performance of 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 prior to the Commencement and, with respect to a VWAP Purchase, at or prior to the applicable Purchase Condition Satisfaction Time for such VWAP Purchase. The Company shall have delivered to the Investor, in the case of the Initial Purchase, at or prior to the Commencement, and, in the case of a VWAP Purchase, at or prior to the applicable Purchase Condition Satisfaction Time for such VWAP Purchase, the Compliance Certificate substantially in the form attached hereto as Exhibit D.