Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Date.
Appears in 1786 contracts
Samples: Private Placement Units Purchase Agreement (RF Acquisition Corp II), Private Placement Units Purchase Agreement (RF Acquisition Corp II), Private Placement Warrants Purchase Agreement (Henley Park Acquisition Corp.)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 338 contracts
Samples: Share and Warrant Purchase Agreement (CloudMinds Inc.), Founding Director Warrant (HD Partners Acquisition CORP), Purchase Agreement (2020 ChinaCap Acquirco, Inc.)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the Closing DateDates.
Appears in 316 contracts
Samples: Private Placement (TWC Tech Holdings II Corp.), Private Placement (Thimble Point Acquisition Corp.), Unit Purchase Agreement (GigCapital, Inc.)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the Closing Date.
Appears in 236 contracts
Samples: Securities Purchase Agreement (Deep Down, Inc.), Sponsor Warrant Purchase Agreement (Pershing Square Tontine Holdings, Ltd.), Securities Purchase Agreement (Overture Acquisition Corp.)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the applicable Closing Date.
Appears in 107 contracts
Samples: Stock and Warrant Purchase Agreement (Biotime Inc), Stock and Warrant Purchase Agreement (Biotime Inc), Option Agreement (Biotime Inc)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the Closing Dateand shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.
Appears in 81 contracts
Samples: Registration Rights Agreement (Cash Systems Inc), Common Stock and Warrant Purchase Agreement (Axesstel Inc), Shareholders Agreement (Home Inns & Hotels Management Inc.)
Performance. The Company shall have performed and complied with all agreements, obligations obligations, and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 57 contracts
Samples: Securities Purchase Agreement (BeesFree, Inc.), Series E Convertible Preferred Stock Purchase Agreement (Exa Corp), Securities Purchase Agreement (Vyteris, Inc.)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the Closing Dateand shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.
Appears in 53 contracts
Samples: Common Stock Purchase Agreement (TerraForm Power, Inc.), Common Stock Purchase Agreement (TerraForm Power, Inc.), Ordinary Shares Purchase Agreement (Sportradar Group AG)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 51 contracts
Samples: Series B Preferred Stock Purchase Agreement (Purple Communications, Inc.), Series B Preferred Stock Purchase Agreement (Clearlake Capital Partners, LLC), Common Stock and Warrant Purchase Agreement (United Energy Corp /Nv/)
Performance. The Company shall have performed and complied with ----------- all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 47 contracts
Samples: License Agreement (Intertrust Technologies Corp), Directed Share Agreement (Corsair Communications Inc), Shareholders Agreement (Inventa Technologies Inc)
Performance. The Company shall have performed and complied with all agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by it on the Company prior to or before such Closing Dateat the Closing.
Appears in 44 contracts
Samples: Stock Purchase Agreement (GTC Biotherapeutics Inc), Series a Preferred Stock Exchange Agreement (Unified Western Grocers Inc), Redeemable Preferred Stock (Harken Energy Corp)
Performance. The Company shall have performed and complied with in all agreementsmaterial respects each agreement, obligations covenant and conditions contained in obligation required by this Agreement that are required to be so performed or complied with by it the Company on or before such the Closing Date.
Appears in 35 contracts
Samples: Agreement and Plan of Merger (Sirf Technology Holdings Inc), Agreement and Plan of Merger (Atheros Communications Inc), Asset Purchase Agreement (Centillium Communications Inc)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on at or before such Closing Datethe Closing.
Appears in 31 contracts
Samples: Class a Ordinary Share Subscription Agreement (Ruipeng Pet Group Inc.), Class a Ordinary Share Subscription Agreement (Ruipeng Pet Group Inc.), Class a Ordinary Share Subscription Agreement (New Ruipeng Pet Group Inc.)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it the Company on or before such Closing Date.
Appears in 27 contracts
Samples: Private Placement Warrants Purchase Agreement (Trine II Acquisition Corp.), Private Placement Warrants Purchase Agreement (Trine II Acquisition Corp.), Private Placement Warrants Purchase Agreement (Andretti Acquisition Corp.)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such each Closing Date.
Appears in 24 contracts
Samples: Private Placement Warrants Purchase Agreement (Slam Corp.), Private Placement Warrants Purchase Agreement (One Madison Corp), Private Placement Warrants Purchase Agreement (Warburg Pincus Capital Corp I-A)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe date of the Closing.
Appears in 22 contracts
Samples: Stock Purchase Agreement (Gartner Inc), Stock Purchase Agreement (Gartner Inc), Stock Purchase Agreement (Cumulus Media Inc)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 22 contracts
Samples: Exchange Agreement (Communication Intelligence Corp), Series B Preferred Stock Purchase Agreement (Bain Capital Venture Integral Investors, LLC), Redeemable Convertible Preferred Stock Purchase Agreement (Dicerna Pharmaceuticals Inc)
Performance. The Company shall have performed and complied with all agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 19 contracts
Samples: Management Subscription and Stock Purchase Agreement (Generac Holdings Inc.), Management Subscription and Stock Purchase Agreement (Generac Holdings Inc.), Management Subscription and Stock Purchase Agreement (Generac Holdings Inc.)
Performance. The Company shall have performed and complied in all material respects with all of the agreements, covenants and obligations and conditions contained in required under this Agreement that are required to be performed or complied with by it them on or before such prior to the Closing Date.
Appears in 18 contracts
Samples: Share Purchase Agreement (Qiao Xing Universal Telephone Inc), Sales and Purchase Agreement (Asia Payment Systems Inc), Share Exchange Agreement (Noble Vici Group, Inc.)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the IPO Closing Date.
Appears in 14 contracts
Samples: Warrant Agreement (Colombier Acquisition Corp.), Private Placement Warrants Purchase Agreement (Colombier Acquisition Corp.), Sponsor Warrants Purchase Agreement (Noble Rock Acquisition Corp)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations obligations, and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 14 contracts
Samples: Securities Purchase Agreement (Scientific Industries Inc), Securities Purchase Agreement (Whole Foods Market Inc), Securities Purchase Agreement (Merge Healthcare Inc)
Performance. The Company shall have performed and complied ----------- with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 14 contracts
Samples: Shareholders Agreement (Inventa Technologies Inc), Stock Purchase Agreement (NPS Pharmaceuticals Inc), Common Stock and Warrant Purchase Agreement (Stamps Com Inc)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Initial Closing.
Appears in 13 contracts
Samples: Adoption Agreement (Arrowhead Research Corp), Investors’ Rights Agreement (Kranem Corp), Securities Purchase Agreement (Asi Technology Corp)
Performance. The Company shall have performed and complied with or fulfilled all agreements, obligations and conditions contained in this Agreement that are herein required to be performed or complied with fulfilled by it on or the Company before such Closing Datethe Closing.
Appears in 13 contracts
Samples: Common Stock Purchase Agreement (Spatializer Audio Laboratories Inc), Securities Purchase Agreement (EnerJex Resources, Inc.), Securities Purchase and Asset Acquisition Agreement (EnerJex Resources, Inc.)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the such Closing Date.
Appears in 12 contracts
Samples: Unit Purchase Agreement (VectoIQ Acquisition Corp.), Unit Purchase Agreement (VectoIQ Acquisition Corp.), Unit Purchase Agreement (VectoIQ Acquisition Corp.)
Performance. The Company shall have performed and or complied in all material respects with all agreements, obligations agreements and conditions contained in this Agreement that are herein required to be performed or complied with by it on prior to or before such Closing Dateat the time of the Closing.
Appears in 12 contracts
Samples: Agreement and Plan of Merger (At&t Corp), Securities Purchase Agreement (Ivillage Inc), Securities Purchase Agreement (Ivillage Inc)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Dateeach Closing.
Appears in 11 contracts
Samples: Stock Purchase Agreement (American Access Technologies Inc), Securities Purchase Agreement (Whos Your Daddy Inc), Investor Rights Agreement (Intellisys Group Inc)
Performance. The Company shall have performed and complied with all agreements, obligations agreements and conditions contained herein or in other ancillary documents incident to the transactions contemplated by this Agreement that are required to be performed or complied with by it on prior to or before such Closing Dateat the Closing.
Appears in 11 contracts
Samples: Purchase Agreement (Cke Restaurants Inc), Preferred Stock Purchase Agreement (3dx Technologies Inc), Purchase Agreement (Checkers Drive in Restaurants Inc /De)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing DateClosing.
Appears in 11 contracts
Samples: Agreement and Plan of Merger and Reorganization (Valeritas Inc), Common Stock Purchase Agreement (Cherokee Inc), Share Purchase Agreement (Theravance Biopharma, Inc.)
Performance. The Company shall have performed and complied with all agreements, obligations agreements and conditions contained in this Agreement that are herein required to be performed or complied with by it on prior to or before such at the Closing Date, and the Company shall have certified to such effect to the Investors in writing.
Appears in 11 contracts
Samples: Investment Agreement (O'Gara Group, Inc.), Stock Purchase Agreement, Securities Purchase Agreement (Action Products International Inc)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement the Transaction Documents that are required to be performed or complied with by it them on or before such Closing Datethe Closing.
Appears in 10 contracts
Samples: Share Purchase Agreement (Adagene Inc.), Share Purchase Agreement (Adagene Inc.), Share Purchase Agreement (Adagene Inc.)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions agreements contained in this Agreement that are herein required to be performed or complied with by it on prior to or before such at the Closing Date.
Appears in 10 contracts
Samples: Convertible Debenture Purchase Agreement (Air South Airlines Inc), Securities Purchase Agreement (Horizon Pharmacies Inc), Convertible Debenture Purchase Agreement (Air South Airlines Inc)
Performance. The Company shall have performed and complied with all agreements, obligations agreements and conditions contained herein or in other ancillary documents incident to the transactions contemplated by this Agreement that are and Equity Transfer Agreements required to be performed or complied with by it on them prior to or before such Closing Dateat the Closing.
Appears in 9 contracts
Samples: Securities Purchase Agreement (Rodobo International Inc), Securities Purchase Agreement (Fortune Fame International LTD), Securities Purchase Agreement (Fame Ever LTD)
Performance. The Company shall will have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the Closing Dateand will have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.
Appears in 9 contracts
Samples: Securities Purchase Agreement (Micron Technology Inc), Agreement (Vitech America Inc), Common Stock and Warrant Purchase Agreement (Intel Corp)
Performance. The Company shall have performed and complied with ----------- all agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by it on the Company prior to or before such Closing Dateat the Closing.
Appears in 9 contracts
Samples: Series C Preferred Stock Purchase Agreement (Proton Energy Systems Inc), Stock Purchase Agreement (Cmgi Inc), Exhibit (C-Bridge Internet Solutions Inc)
Performance. The Company shall have performed and complied complied, in all material respects, with all agreements, obligations obligations, covenants and conditions contained in required by this Agreement that are required to be performed or complied with by it on or before such prior to the Closing Date.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (LOC Acquisition CO), Agreement and Plan of Merger (Pixar \Ca\), Agreement and Plan of Merger (Walt Disney Co/)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in covenants required by this Agreement that are required to be performed or complied with by it on them at or before such prior to the Closing Date.
Appears in 8 contracts
Samples: Stock Purchase and Recapitalization Agreement (Bico Inc/Pa), Stock Purchase and Recapitalization Agreement (Monogram Energy, Inc.), Stock Purchase and Recapitalization Agreement (Bluestar Health, Inc.)
Performance. The Company shall have performed and complied with with, in all material respects, all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 8 contracts
Samples: Keystone Property Trust, Keystone Property Trust, Keystone Property Trust
Performance. The Company shall have performed and complied with all agreements, obligations agreements and conditions contained in this Agreement that are herein required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 8 contracts
Samples: Stock Purchase Agreement (Cytation Com Inc), Convertible Preferred Stock Purchase Agreement (Empire Communications Corp), Exhibit 1 Stock Purchase Agreement (Keystone Silver Mines Inc)
Performance. The Company shall have performed and complied with all agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by it on prior to or before such Closing Dateat the Closing.
Appears in 7 contracts
Samples: Preferred Stock Purchase Agreement (Mobile America Corp), Preferred Stock Purchase Agreement 2 Preferred Stock Purchase Agreement (Morgan J P & Co Inc), Securities Purchase Agreement (Cahoon Arthur L)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement Agreement, and all of the conditions set forth in Section 5 of the Underwriting Agreement, that are required to be performed or complied with by it on or before such the Closing DateDates.
Appears in 7 contracts
Samples: Private Placement Warrants Purchase Agreement (Mudrick Capital Acquisition Corp. II), Private Placement Warrants Purchase Agreement (Iron Spark I Inc.), Private Placement Share Purchase Agreement (Iron Spark I Inc.)
Performance. The Company shall have performed and complied with all agreements, obligations obligations, and conditions contained in this Agreement the Loan Documents that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 7 contracts
Samples: Note Purchase Agreement (Gi Dynamics, Inc.), Note and Warrant Purchase Agreement (Gi Dynamics, Inc.), Note and Warrant Purchase Agreement (Gi Dynamics, Inc.)
Performance. The Company shall have performed and complied with ----------- all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the Closing Dateand shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.
Appears in 7 contracts
Samples: Cooperation Agreement (MSH Entertainment Corp /Ca/), Preferred Stock Purchase Agreement (Alladvantage Com Inc), Series a Preferred Stock Purchase Agreement (Asymetrix Learning Systems Inc)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 7 contracts
Samples: Purchase Agreement (MTM Technologies, Inc.), Securities Purchase Agreement (American Capital Strategies LTD), Purchase Agreement (MTM Technologies, Inc.)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe applicable Closing.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Givemepower Corp), Securities Purchase Agreement (RXi Pharmaceuticals Corp), Securities Purchase Agreement (Ap Pharma Inc /De/)
Performance. The Company shall have performed and complied with all agreements, obligations agreements and conditions contained in herein and other documents incident to the transactions contemplated by this Agreement that are required to be performed or complied with by it on prior to or before such Closing Dateat the Closing.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Dexterity Surgical Inc), Share Exchange Agreement (Innovest Capital Sources Corp), Cumulative Convertible Preferred Stock Purchase Agreement (Lifequest Medical Inc)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe First Closing.
Appears in 6 contracts
Samples: Escrow Agreement (Curon Medical Inc), Series a Preferred Stock Purchase Agreement (You on Demand Holdings, Inc.), Escrow Agreement (Curon Medical Inc)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations covenants and conditions contained in this Agreement that are herein required to be performed or complied with by it prior to or on or before such the Closing Date.
Appears in 6 contracts
Samples: Exchange and Recapitalization Agreement (Simon Worldwide Inc), Exchange and Recapitalization Agreement (SAVVIS, Inc.), Securities Purchase Agreement (Savvis Communications Corp)
Performance. The Company shall have performed and complied complied, in all respects, with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 6 contracts
Samples: Share Purchase Agreement (Medigus Ltd.), Securities Purchase Agreement (ScoutCam Inc.), Securities Purchase Agreement (Save Foods Inc.)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe applicable Closing.
Appears in 6 contracts
Samples: Preferred Stock and Warrant Purchase Agreement (Ritter Pharmaceuticals Inc), Preferred Stock Purchase Agreement (Vista Medical Technologies Inc), Investor Rights Agreement (Niku Corp)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations agreements and conditions contained in this Agreement that are herein required to be performed or complied with by it prior to or on or before such the Closing Date, and the Company shall have so certified to the Purchasers in writing.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Aurora Electronics Inc), Purchase Agreement (Spectrasite Holdings Inc), Securities Purchase Agreement (Welsh Carson Anderson Stowe Viii Lp)
Performance. The Company shall have performed and complied with all agreements, obligations obligations, and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Dateeach Closing.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Vital Living Inc), Note Purchase Agreement (Interface Systems Inc), Convertible Subordinated Note Purchase Agreement (Tumbleweed Communications Corp)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement Addendum that are required to be performed or complied with by it or with which it is required to have complied on or before such Closing Datethe Closing.
Appears in 6 contracts
Samples: Investors’ Rights Agreement (KFX Inc), Investors’ Rights Agreement (KFX Inc), Investors’ Rights Agreement (KFX Inc)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Subsequent Closing.
Appears in 6 contracts
Samples: Series B Preferred Stock Purchase Agreement (Clearlake Capital Partners, LLC), Series B Preferred Stock Purchase Agreement (Purple Communications, Inc.), Stock Purchase Agreement (Clearlake Capital Partners, LLC)
Performance. The Company shall have performed and complied with in all material respects all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 6 contracts
Samples: Collaboration and License Agreement (Aptevo Therapeutics Inc.), Collaboration and License Agreement (Trubion Pharmaceuticals, Inc), Collaboration and License Agreement (Trubion Pharmaceuticals, Inc)
Performance. The Company shall have performed and complied with all agreementseach agreement, obligations covenant and conditions contained in obligation required by this Agreement that are required to be so performed or complied with by it the Company on or before such the Closing Date.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Shea Development Corp.), Agreement and Plan of Merger (Shea Development Corp.), Agreement and Plan of Merger (Webex Communications Inc)
Performance. The Company shall have duly performed and complied with all agreements, of the obligations and conditions contained in that the Company is required to perform or to comply with pursuant to this Agreement that are required to be performed or complied with by it on or before such prior to the Closing Date.
Appears in 5 contracts
Samples: Senior Secured Notes Repurchase Agreement (Vista Gold Corp), Second Notes Repurchase Agreement (Origin Agritech LTD), Notes Repurchase Agreement (China Shen Zhou Mining & Resources, Inc.)
Performance. The Company shall have performed and complied with all agreements, obligations agreements and conditions contained in this Agreement that are herein required to be performed or complied with by it on prior to or before such Closing Dateat the Closing.
Appears in 5 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Ilex Oncology Inc), Convertible Preferred Stock Purchase Agreement (Ilex Oncology Inc), Agreement (American Medserve Corp)
Performance. The Company shall have performed and complied with ----------- all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Funding.
Appears in 5 contracts
Samples: Preferred Stock Purchase Agreement (DSL Net Inc), Preferred Stock Purchase Agreement (DSL Net Inc), Preferred Stock Purchase Agreement (DSL Net Inc)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the Closing Dateand shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale of the Shares described herein.
Appears in 5 contracts
Samples: Common Stock Purchase Agreement (Intellia Therapeutics, Inc.), Common Stock Purchase Agreement (Intellia Therapeutics, Inc.), Common Stock Purchase Agreement (Ocean Biomedical, Inc.)
Performance. The Company shall have performed and complied ----------- with all agreements, obligations obligations, and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Skyframes Inc), Stock Purchase Agreement (Neogenomics Inc), Stock Purchase Agreement (Neogenomics Inc)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations agreements and conditions contained in covenants required by this Agreement that are required to be performed or and complied with by it the Company prior to or on or before such the Closing Date.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Sba Communications Corp), Agreement and Plan of Merger (Carlisle Companies Inc), Agreement and Plan of Merger (Great Plains Holdings, Inc.)
Performance. The Company shall will have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing DateClosing.
Appears in 5 contracts
Samples: Series J Preferred Stock Purchase Agreement (Emed Technologies Corp), Registration Rights Agreement (Emed Technologies Corp), Registration Rights Agreement (Emed Technologies Corp)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Subscription Agreement that are required to be performed or complied with by it with respect to a Closing on or before such Closing Dateprior to the date of a Closing.
Appears in 5 contracts
Samples: Subscription Agreement (Communication Intelligence Corp), Subscription Agreement (Communication Intelligence Corp), Subscription Agreement (Communication Intelligence Corp)
Performance. The Company shall have performed and complied in all material respects with all of the agreements, covenants and obligations and conditions contained in required under this Agreement that are required to be performed or complied with by it on or before such prior to the Closing Date.
Appears in 5 contracts
Samples: Share Exchange Agreement (Longduoduo Co LTD), Share Exchange Agreement (Applied Digital Solutions Inc), Share Exchange Agreement (As Capital, Inc.)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the Closing Date.
Appears in 4 contracts
Samples: Subscription Agreement (Arrowhead Research Corp), Subscription Agreement (Arrowhead Research Corp), Subscription Agreement (Vecta Inc.)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Subscription Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 4 contracts
Samples: Subscription Agreement (Mdu Communications International Inc), Subscription Agreement (Mdu Communications International Inc), Subscription Agreement (Mdu Communications International Inc)
Performance. (i) The Company shall have performed and complied with all agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by it on the Company prior to or before such at each of the Closings and the Company has delivered to Purchasers a certificate, executed by the Chief Executive Officer and the Chief Financial Officer of the Company, dated each of the Closing DateDates, certifying to the fulfillment of the conditions specified in this Section 2.3(f)(i).
Appears in 4 contracts
Samples: Securities Purchase Agreement (It&e International Group), Securities Purchase Agreement (It&e International Group), Securities Purchase Agreement (It&e International Group)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Dateeach Closing.
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (Natus Medical Inc), Securities Purchase Agreement (Kips Bay Medical, Inc.), Common Stock Purchase Agreement (Neoforma Com Inc)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in required by this Agreement that are required to be performed or complied with by it them on or before such prior to the Closing Date, and each document and instrument required to be delivered pursuant to Section 3.1 hereof shall have been delivered.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Lithium Technology Corp), Stock Purchase Agreement (Lithium Technology Corp), Stock Purchase Agreement (Lithium Technology Corp)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it the Company on or before such Closing Datethe Closing.
Appears in 4 contracts
Samples: Exchange Agreement (Novavax Inc), Series D Preferred Stock and Warrant Purchase Agreement (Nanosphere Inc), Stock Purchase Agreement (NTN Communications Inc)
Performance. The Company shall have performed and ----------- complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Planetrx Com), Preferred Stock Purchase Agreement (Inflow Inc), Preferred Stock Purchase Agreement (Verisign Inc/Ca)
Performance. The Company shall have performed and complied with all of its agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the Closing Datein all material aspects.
Appears in 4 contracts
Samples: Share Subscription Agreement (Oneconnect Financial Technology Co., Ltd.), Share Subscription Agreement (Oneconnect Financial Technology Co., Ltd.), Share Subscription Agreement (Oneconnect Financial Technology Co., Ltd.)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on on, or before such prior to, the Closing Date.
Appears in 4 contracts
Samples: Preferred Stock and Warrant Purchase Agreement (Lime Energy Co.), Preferred Stock and Warrant Purchase Agreement (Lime Energy Co.), Preferred Stock and Warrant Purchase Agreement (Lime Energy Co.)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions covenants contained in this Agreement that are required to be performed or complied with by it on or before such the Closing Date.
Appears in 4 contracts
Samples: 4 Unit Purchase Agreement (Centerspan Communications Corp), Unit Purchase Agreement (Centerspan Communications Corp), Unit Purchase Agreement (Centerspan Communications Corp)
Performance. The Company shall have performed and complied with all agreements, obligations obligations, and conditions contained in this Agreement that are required to be performed or complied with by it on or before the Company as of such Closing DateClosing.
Appears in 4 contracts
Samples: And Warrant Purchase Agreement (Visterra, Inc.), Voting Agreement (Visterra, Inc.), And Warrant Purchase Agreement (Visterra, Inc.)
Performance. The Company shall have performed and complied in all ----------- material respects with all agreements, obligations and conditions agreements contained in this Agreement that are herein required to be performed or complied with by it on prior to or before such at the Closing Date.
Appears in 4 contracts
Samples: Preferred Stock Purchase Agreement (Adolor Corp), Convertible Preferred Stock Purchase Agreement (Adolor Corp), Preferred Stock Purchase Agreement (Adolor Corp)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing. The entering into, delivery and performance of this Agreement by the Company shall have been duly authorized by all necessary corporate action.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Software Net Corp), Preferred Stock Purchase Agreement (Software Net Corp), Preferred Stock Purchase Agreement (Software Net Corp)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement, and the Operating Agreement that are required to be performed or complied with by it on or before such Closing DateSubsequent Closing.
Appears in 4 contracts
Samples: Subscription Agreement (Iridium Communications Inc.), Subscription Agreement (Iridium Communications Inc.), Subscription Agreement (Iridium Communications Inc.)
Performance. The Company shall have performed and complied with all ----------- agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (Peritus Software Services Inc), Preferred Stock and Warrant Purchase Agreement (DSL Net Inc), Preferred Stock Purchase Agreement (Production Group International Inc)
Performance. The Company shall have performed and complied in all ----------- material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Catalytica Combustion Systems Inc), Stock Subscription Agreement (Soros Fund Management LLC), Securities Purchase Agreement (Argyros George L)
Performance. The Company shall have performed and complied with all material agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe applicable Closing.
Appears in 3 contracts
Samples: Promissory Note Purchase Agreement (Gabriel Technologies Corp), Promissory Note Purchase Agreement (Gabriel Technologies Corp), Promissory Note Purchase Agreement (Gabriel Technologies Corp)
Performance. The Company shall have performed and complied with ----------- all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the Closing Date(or the Additional Closing, as the case may be).
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Qualix Group Inc), Series D Preferred Stock and Warrant Purchase Agreement (Qualix Group Inc), Preferred Stock Purchase Agreement (Qualix Group Inc)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Vcampus Corp), Securities Purchase Agreement (Vcampus Corp), Securities Purchase Agreement (Vcampus Corp)
Performance. The Company shall have performed and complied with all ----------- agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Initial Closing.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Diamond Technology Partners Inc), Stock Purchase Agreement (Diamond Technology Partners Inc), Stock Purchase Agreement (Planetrx Com)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing, and all corporate or other proceedings in connection with the transactions contemplated at the Closing. In addition, all documents shall be reasonably satisfactory in form and in substance to Investor.
Appears in 3 contracts
Samples: Option and Wholesale Purchase Agreement (Ligand Pharmaceuticals Inc), Stock Purchase Agreement (Lilly Eli & Co), Option and Wholesale Purchase Agreement (Ligand Pharmaceuticals Inc)
Performance. The Company shall have performed all agreements and complied with all agreements, obligations and conditions contained herein and in this Agreement that are the other Operative Documents required to be performed or complied with by it on prior to or before such Closing Dateat the Closing.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Servicesource International LLC), Security Agreement (Servicesource International LLC), Securities Purchase Agreement
Performance. The Company shall have performed and complied ----------- with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing DateClosing.
Appears in 3 contracts
Samples: Series a Convertible Preferred Stock Purchase Agreement (Eccs Inc), Series a Convertible Preferred Stock Purchase Agreement (Eccs Inc), Series a Convertible Preferred Stock Purchase Agreement (Eccs Inc)
Performance. The Company shall have performed and complied with all agreements, obligations agreements and conditions contained in this Agreement that are herein required to be performed or complied with by it on before or before such Closing Dateat the Closing.
Appears in 3 contracts
Samples: Loan and Warrant Agreement (Kennedy Wilson Inc), Stock Purchase Agreement (Anthracite Capital Inc), Stock Purchase Agreement (Anthracite Capital Inc)
Performance. The Company shall have performed and complied with all agreements, obligations agreements and conditions contained in required by this Agreement that are required to be performed or complied with by it the Company on or before such the Closing Date.
Appears in 3 contracts
Samples: Convertible Note Purchase Agreement (Chalone Wine Group LTD), Convertible Note Purchase Agreement (Chalone Wine Group LTD), Convertible Note Purchase Agreement (Domaines Barons De Rothschild /Lafite/)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 3 contracts
Samples: Stock and Warrant Purchase Agreement (California Micro Devices Corp), Stock Purchase Agreement (Ipvoice Communications Inc), Stock Purchase Agreement (California Micro Devices Corp)
Performance. The Company shall have performed and complied with all agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by it the Company prior to or on or before such the Closing Date.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Languageware Net Co LTD), Stock Purchase Agreement (Languageware Net Co LTD), Stock Purchase Agreement (Languageware Net Co LTD)
Performance. The Company shall must have performed and complied with all agreements, obligations agreements and conditions contained in this Agreement that are and required to be performed or complied with by it on prior to or before such Closing Dateat the Closing.
Appears in 3 contracts
Samples: Debenture Purchase Agreement (Bartol Timothy C), Purchase Agreement (Rockford Corp), Purchase Agreement (Rockford Corp)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing DateClosing, and shall have obtained all approvals, consents and qualifications necessary to complete the sale of the Shares described herein.
Appears in 3 contracts
Samples: Securities Purchase and Collaboration Agreement (CTD Holdings Inc), Securities Purchase Agreement (CTD Holdings Inc), Securities Purchase Agreement (CTD Holdings Inc)
Performance. The Company shall have performed and complied with in all agreementsmaterial respects each agreement, obligations covenant and conditions contained in obligation required by this Agreement that are required to be so performed or complied with by it the Company on or before such the Closing Date, and shall have performed and complied with in all respects the agreement and obligation set forth in Section 1.6(d)(iii)(B) of this Agreement.
Appears in 3 contracts
Samples: Merger Agreement And (Broadcom Corp), Merger Agreement and Plan of Reorganization (Broadcom Corp), Merger Agreement (Broadcom Corp)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the Closing Date.
Appears in 3 contracts
Samples: Share Exchange Agreement (Armstrong Coal Company, Inc.), Preferred Stock Purchase Agreement (Columbia Laboratories Inc), Common Stock Purchase Agreement (American General Hospitality Corp)
Performance. The Company shall have performed and complied with all agreements, obligations obligations, and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing DateClosing.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Exa Corp), Series D Preferred Stock Purchase Agreement (Regado Biosciences Inc), Series D Preferred Stock Purchase Agreement (Regado Biosciences Inc)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement and the Operating Agreement that are required to be performed or complied with by it on or before such Closing Datethe Initial Closing.
Appears in 3 contracts
Samples: Subscription Agreement (Iridium Communications Inc.), Subscription Agreement (Iridium Communications Inc.), Subscription Agreement (Iridium Communications Inc.)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the applicable Closing Date, including the delivery of a Sale Notice to the Purchaser pursuant to Section 9.C hereto.
Appears in 3 contracts
Samples: Warrant Subscription Agreement (GS Acquisition Holdings Corp), Warrant Subscription Agreement (GS Acquisition Holdings Corp), Warrant Subscription Agreement (GS Acquisition Holdings Corp II)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement and any Ancillary Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Leviathan Minerals Group Inc.), Securities Purchase Agreement (Leviathan Minerals Group Inc.), Securities Purchase Agreement (Morlex Inc /Co)
