Common use of Performance of the Company Clause in Contracts

Performance of the Company. The Closing shall have occurred and the Company shall have performed, satisfied and complied in all material respects with all other covenants, agreements and conditions required by this Agreement and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to the Commencement. The Company shall deliver to the Investor a Compliance Certificate dated as of the Commencement Date.

Performance of the Company. The Closing shall have occurred and the Company shall have performed, satisfied and complied in all material respects with all other covenants, agreements and conditions required by this Agreement Agreement, the Initial Note, the Warrants and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to the CommencementAdditional Closing Notice Date and the Additional Closing Date (as applicable). The Company shall deliver have delivered to the Investor on the Additional Closing Date a Compliance Certificate dated as written certification by an executive officer of the Commencement Date.Company to the foregoing substantially in the form attached hereto as Exhibit E.

Performance of the Company. The Closing shall have occurred and the Company shall have performed, satisfied and complied in all material respects with all other covenants, agreements and conditions required by this Agreement Agreement, the Initial Note, the First Additional Note and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to the CommencementSecond Additional Closing Notice Date and the Second Additional Closing Date (as applicable). The Company shall deliver have delivered to the Investor on the Second Additional Closing Date a Compliance Certificate dated as written certification by an executive officer of the Commencement Date.Company to the foregoing substantially in the form attached hereto as Exhibit E.

Performance of the Company. The Closing shall have occurred and the Company shall have performed, satisfied and complied in all material respects with all other covenants, agreements and conditions required by this Agreement Agreement, the Initial Note and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to the CommencementFirst Additional Closing Notice Date and the First Additional Closing Date (as applicable). The Company shall deliver have delivered to the Investor on the First Additional Closing Date a Compliance Certificate dated as written certification by an executive officer of the Commencement Date.Company to the foregoing substantially in the form attached hereto as Exhibit E.