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 Draw Down Request Exercise Date and the Closing Date or Subsequent Funding Date, as applicable.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Dune Energy Inc), Common Stock Purchase Agreement (Strategic Value Partners, LLC), Common Stock Purchase Agreement (Zell Credit Opportunities Side Fund, L.P.)
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 Draw Down Request Exercise Date and Closing Date. The Company shall have delivered to the Investor on the applicable Closing Date or Subsequent Funding Date, as applicablea written certification by an executive officer of the Company to the foregoing effect.
Appears in 3 contracts
Samples: Form of Securities Purchase Agreement (Amyris, Inc.), Form of Securities Purchase Agreement (Amyris, Inc.), Form of Securities Purchase Agreement (Amyris, Inc.)
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 and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to the applicable Draw Down Request Exercise Date. The Company shall deliver to the Investor on the applicable Draw Down Exercise Date and the Closing Date or Subsequent Funding Date, Compliance Certificate substantially in the form attached hereto as applicable.Exhibit D.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Bioheart, Inc.), Common Stock Purchase Agreement (Bioheart, Inc.)
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 and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to the applicable Draw Down Request Exercise Date and the Closing applicable Settlement Date. The Company shall have delivered to each of the Investors on the applicable Settlement Date or Subsequent Funding Date, the Compliance Certificate substantially in the form attached hereto as applicable.Exhibit D.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Liquidmetal Technologies Inc)
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 and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to the applicable Draw Down Fixed Request Exercise Date and each applicable Settlement Date. The Company shall have delivered to the Closing Investor on each applicable Settlement Date or Subsequent Funding Date, the Compliance Certificate substantially in the form attached hereto as applicable.Exhibit D.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (ARYx Therapeutics, Inc.)
