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 2165 contracts
Sources: Private Placement Unit Purchase Agreement (Rithm Acquisition Corp.), Private Placement Unit Purchase Agreement (Oaktree Acquisition Corp. III Life Sciences), Private Placement Warrants Purchase Agreement (Bleichroeder Acquisition Corp. II)
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 425 contracts
Sources: Common Shares Subscription Agreement (Pershing Square USA, Ltd.), Preferred Shares Subscription Agreement (Pershing Square USA, Ltd.), Private Placement Warrants Purchase Agreement (Aldabra 4 Liquidity Opportunity Vehicle, 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 361 contracts
Sources: Sponsor Subscription Agreement (K2 Capital Acquisition Corp), Private Placement Units and Restricted Share Purchase Agreement (SPACSphere Acquisition Corp.), Private Placement Units and Restricted Share Purchase Agreement (Harvard Ave 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 Closing DateDates.
Appears in 318 contracts
Sources: Warrants Purchase Agreement (SilverBox Corp III), Warrant Purchase Agreement (SilverBox Corp III), Warrant Purchase Agreement (SilverBox Engaged Corp II)
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
Sources: Private Placement Units Purchase Agreement (Mars Acquisition Corp.), Private Placement Units Purchase Agreement (Mars Acquisition Corp.), Private Placement Units Purchase Agreement (Mars 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 Closing Dateand shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.
Appears in 82 contracts
Sources: Series B Convertible Preferred Stock Purchase Agreement, Common Stock Purchase Agreement (Tauriga Sciences, Inc.), Common Stock Purchase Agreement (Tauriga Sciences, Inc.)
Performance. The Company shall have performed and complied with in all agreements, material respects the obligations and conditions contained in this Agreement that are herein required to be performed or complied with observed by it the Company on or before such prior to the Closing Date.
Appears in 77 contracts
Sources: Securities Purchase Agreement (Athira Pharma, Inc.), Securities Purchase Agreement (Athira Pharma, Inc.), Securities Purchase Agreement (Athira Pharma, 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 59 contracts
Sources: Securities Purchase Agreement (Isleworth Healthcare Acquisition Corp.), Series C Convertible Preferred Stock Purchase Agreement, Note Purchase Agreement
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 57 contracts
Sources: Common Stock Purchase Agreement (Beta Bionics, Inc.), Common Shares Purchase Agreement (LandBridge Co LLC), Common Stock Purchase Agreement (Alumis 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 51 contracts
Sources: Stock Repurchase Agreement (BrightSphere Investment Group Inc.), Securities Purchase Agreement (Stationdigital Corp), Securities Purchase Agreement (Stationdigital 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 47 contracts
Sources: Series D Convertible Preferred Stock Purchase Agreement (Inventa Technologies Inc), Common Stock Purchase Agreement (Motive Communications Inc), Purchase Agreement (Divine Interventures 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 46 contracts
Sources: Series a Redeemable Preferred Stock Subscription Agreement, Series a Preferred Stock Exchange Agreement (Unified Western Grocers Inc), Series a Convertible Preferred Stock Purchase Agreement (GTC Biotherapeutics 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 each Closing Date.
Appears in 35 contracts
Sources: Private Placement Warrants Purchase Agreement (Texas Ventures Acquisition III Corp), Private Placement Warrants Purchase Agreement (Texas Ventures Acquisition III Corp), Private Placement Warrants Purchase Agreement (Roman DBDR Acquisition Corp. II)
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
Sources: Merger Agreement (Identiv, Inc.), Merger Agreement (Identiv, Inc.), Merger Agreement (Sigma Designs 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
Sources: Class a Ordinary Share Subscription Agreement (New Ruipeng Pet Group Inc.), Class a Ordinary Share Subscription Agreement (New 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
Sources: Private Placement Warrants Purchase Agreement (Andretti Acquisition Corp.), Private Placement Warrants Purchase Agreement (Andretti Acquisition Corp.), Private Placement Warrants Purchase Agreement (Andretti Acquisition Corp.)
Performance. The Company shall have performed and complied with in all agreements, material respects all obligations and conditions contained in this Agreement that are herein required to be performed or complied with observed by it the Company on or before such prior to the Closing Date.
Appears in 25 contracts
Sources: Securities Purchase Agreement (Lexeo Therapeutics, Inc.), Securities Purchase Agreement (Lexeo Therapeutics, Inc.), Subscription Agreement (Aadi Bioscience, 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 date of the Closing.
Appears in 23 contracts
Sources: Stock Purchase Agreement (Incyte Corp), Stock Purchase Agreement (MSC Industrial Direct Co Inc), Stock Purchase Agreement (Nuance Communications, 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
Sources: Redeemable Convertible Preferred Stock and Warrant Purchase Agreement (Telesis Bio Inc.), Share Purchase Agreement (Alimera Sciences Inc), Series a Convertible Preferred Subscription Agreement (Novavax 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
Sources: 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
Sources: Share Exchange Agreement (Blow & Drive Interlock Corp), Share Exchange Agreement (Cosmos Group Holdings Inc.), Share Exchange Agreement (WECONNECT Tech International, Inc.)
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 16 contracts
Sources: Securities Purchase Agreement (Scientific Industries Inc), Securities Purchase Agreement (Scientific Industries Inc), Securities Purchase Agreement (Scientific Industries 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 15 contracts
Sources: Private Placement Units Purchase Agreement (Invest Green Acquisition Corp), Private Placement Warrants Purchase Agreement (Colombier Acquisition Corp.), Private Placement Warrants Purchase Agreement (Focus Impact 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 14 contracts
Sources: Stock Purchase Agreement (NPS Pharmaceuticals Inc), Common Stock and Warrant Purchase Agreement (Stamps Com Inc), Series a Preferred Stock Purchase Agreement (Inventa Technologies Inc)
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
Sources: Securities Purchase Agreement (EnerJex Resources, Inc.), Securities Redemption Agreement (American Defense Systems Inc), Securities Purchase 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 such Closing Datethe Initial Closing.
Appears in 13 contracts
Sources: Convertible Note Purchase Agreement (Phoenix Biotech Acquisition Corp.), Stock Purchase Agreement (Kranem Corp), Subscription Agreement (Arrowhead Research 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
Sources: Securities Purchase Agreement (Hearst Communications Inc), Securities Purchase Agreement (Hearst Communications Inc), Agreement and Plan of Restructuring and Merger (At&t 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 DateClosing.
Appears in 12 contracts
Sources: Convertible Note Purchase Agreement (LanzaTech Global, Inc.), Common Stock Purchase Agreement (Cherokee Inc), Consent, Waiver and Amendment Agreement (Valeritas 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
Sources: Unit Purchase Agreement (Monocle Acquisition Corp), Unit Purchase Agreement (Monocle Acquisition Corp), Unit Purchase Agreement (Monocle Acquisition Corp)
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
Sources: Convertible Preferred Stock Purchase Agreement, Stock Purchase Agreement, Stock Purchase Agreement
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
Sources: Preferred Stock Purchase Agreement (Cidra Corp), Purchase Agreement (Checkers Drive in Restaurants Inc /De), Purchase Agreement (Cke Restaurants 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
Sources: 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 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
Sources: Securities Purchase Agreement (Fame Ever LTD), Securities Purchase Agreement (Fame Ever LTD), Securities Purchase Agreement (Fame Ever LTD)
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
Sources: Stock Purchase Agreement (Cmgi Inc), Series a Convertible Preferred Stock Purchase Agreement (C-Bridge Internet Solutions Inc), Series C Convertible Preferred Stock and Series C Convertible Preferred Stock Warrant Purchase Agreement (Ixata Group 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 the Closing Date.
Appears in 8 contracts
Sources: Stock Purchase Agreement (Nocera, Inc.), Subscription and Rights Agreement (Geospatial Holdings, Inc.), Subscription and Purchase Agreement (Geospatial Holdings, 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 8 contracts
Sources: Series D Preferred Stock Purchase Agreement, Series D Preferred Stock Purchase Agreement (Amyris, Inc.), Debt Satisfaction Agreement (Terremark Worldwide 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 8 contracts
Sources: Securities Purchase Agreement, Stock Purchase Agreement (Concur Technologies Inc), Cooperation Agreement (MSH Entertainment Corp /Ca/)
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
Sources: Purchase Agreement (Entergy Gulf States Inc), Preferred Stock Purchase Agreement (Mobile America Corp), Securities Purchase Agreement (Cahoon Arthur L)
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
Sources: 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 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
Sources: Private Placement Share Purchase Agreement (Iron Spark I Inc.), Private Placement Share Purchase Agreement (Iron Spark I Inc.), Private Placement Warrants Purchase Agreement (Iron Spark I 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
Sources: Series a Preferred Stock Purchase Agreement (You on Demand Holdings, Inc.), Series D Preferred Stock and Warrant Purchase Agreement (Great Basin Scientific, Inc.), Stock Purchase Agreement (Curon Medical Inc)
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
Sources: Purchase Agreement (Dexterity Surgical Inc), Series B Cumulative Convertible Preferred Stock Purchase Agreement (Dexterity Surgical Inc), Series C Cumulative Convertible Preferred Stock Purchase Agreement (Dexterity Surgical 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 Dateeach Closing.
Appears in 6 contracts
Sources: Securities Purchase Agreement (Vital Living Inc), Convertible Subordinated Note Purchase Agreement (Tumbleweed Communications Corp), 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
Sources: Common Stock and Warrant Purchase Agreement (KFX Inc), Common Stock and Warrant Purchase Agreement (KFX Inc), Common Stock and Warrant Purchase Agreement (KFX 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
Sources: Series C Preferred Stock and Warrant Purchase Agreement (Ritter Pharmaceuticals Inc), Series D Preferred Stock Purchase Agreement (Niku Corp), Series C Preferred Stock Purchase Agreement (Niku 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. An officer of the Company shall have provided the Investor an executed certificate certifying that the conditions specified in this Section 4.2 have been fulfilled.
Appears in 5 contracts
Sources: Stock Purchase Agreement (Idenix Pharmaceuticals Inc), Stock Purchase Agreement (Idenix Pharmaceuticals Inc), Stock Purchase Agreement (Idenix Pharmaceuticals 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 DateSubsequent Closing.
Appears in 5 contracts
Sources: Subscription Agreement, Subscription Agreement (Iridium Communications Inc.), Subscription Agreement (Iridium 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
Sources: Notes Repurchase Agreement (China Shen Zhou Mining & Resources, Inc.), Senior Secured Notes Repurchase Agreement (Vista Gold Corp), Senior Secured Notes Repurchase Agreement (Vista Gold 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 Datethe Closing.
Appears in 5 contracts
Sources: Stock Purchase Agreement (Neogenomics Inc), Securities Purchase Agreement (Skyframes Inc), Stock Purchase Agreement (Neogenomics 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
Sources: Merger Agreement (Webex Communications Inc), Merger Agreement (Business Objects S.A.), Merger Agreement (Shea Development Corp.)
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
Sources: Series J Preferred Stock Purchase Agreement (Emed Technologies Corp), Securities Purchase Agreement (Emed Technologies Corp), Securities Purchase Agreement (Emed 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 Closing Datethe Funding.
Appears in 5 contracts
Sources: Preferred Stock Purchase Agreement (DSL Net Inc), Series E Preferred Stock Purchase Agreement (DSL Net Inc), Series E Preferred Stock Purchase Agreement (DSL Net Inc)
Performance. The Company shall will 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 the Company at or before such Closing Datethe Closing.
Appears in 5 contracts
Sources: Restricted Stock Purchase Agreement (2bridge), Series B Preferred Stock Purchase Agreement (2bridge), Purchase Agreement (2bridge)
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
Sources: 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 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 5 contracts
Sources: Subscription Agreement (Vecta Inc.), Subscription Agreement (Vecta Inc.), Subscription Agreement
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
Sources: Subscription Agreement (Mdu Communications International Inc), Subscription Agreement (Mdu Communications International Inc), Subscription Agreement (Mdu Communications International 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
Sources: Common Stock Purchase Agreement (Peritus Software Services Inc), Stock and Warrant Purchase Agreement (Applied Imaging Corp), Series D Preferred Stock Purchase Agreement (Production Group International 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
Sources: Series a Preferred Stock Purchase Agreement (Planetrx Com), Preferred Stock Purchase Agreement (Inflow Inc), Series B Preferred Stock Purchase Agreement (Verisign Inc/Ca)
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.
Appears in 4 contracts
Sources: Securities Purchase Agreement (Savvis Communications Corp), Securities Purchase Agreement (Reuters Group PLC), Securities Purchase Agreement (Savvis Communications Corp)
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
Sources: 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 the Company on or before such Closing Datethe Closing.
Appears in 4 contracts
Sources: Series D Preferred Stock and Warrant Purchase Agreement (Nanosphere Inc), Exchange Agreement (Novavax 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. 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
Sources: Series a Preferred Stock Purchase Agreement (Software Net Corp), Series B Preferred Stock Purchase Agreement (Software Net Corp), Series D Preferred Stock Purchase Agreement (Software Net Corp)
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
Sources: 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 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
Sources: Series G Convertible Preferred Stock Purchase Agreement (Adolor Corp), Series F Convertible Preferred Stock Purchase Agreement (Adolor Corp), Series H Convertible 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 on, or before such prior to, the Closing Date.
Appears in 4 contracts
Sources: 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 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
Sources: Preferred Membership Unit Purchase Agreement (Lincolnway Energy, LLC), Convertible Loan Credit Agreement (Bakken Resources Inc), Unit Purchase Agreement (Monument 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 prior to or on or before such the Closing Date.
Appears in 3 contracts
Sources: Stock Purchase Agreement (United Surgical Partners International Inc), Securities Purchase Agreement (Alliance Data Systems Corp), Stock Purchase Agreement (United Surgical Partners International Inc)
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
Sources: Promissory Note Purchase Agreement (Gabriel Technologies Corp), Promissory Note Purchase Agreement (Gabriel Technologies Corp), Promissory Note Purchase Agreement (Gabriel Technologies Corp)
Performance. The Each of the agreements of 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 the Closing Datepursuant to the terms hereof shall have been duly performed or complied with.
Appears in 3 contracts
Sources: Warrant Purchase Agreement (Siricomm Inc), Warrant Purchase Agreement (Siricomm Inc), Capital Stock Purchase Agreement (Fountain Pharmaceuticals Inc)
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
Sources: Convertible Subordinated Debenture Purchase Agreement (Rockford Corp), Convertible Subordinated Debenture Purchase Agreement (Bartol Timothy C), Convertible Subordinated Debenture Purchase Agreement (Rockford 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 DateClosing.
Appears in 3 contracts
Sources: 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 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
Sources: Warrant Subscription Agreement (GS Acquisition Holdings Corp), Warrant Subscription Agreement (GS Acquisition Holdings Corp II), Warrant Subscription Agreement (GS Acquisition Holdings Corp)
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 on the Company at or before such Closing Datethe Effective Time.
Appears in 3 contracts
Sources: Merger Agreement (Wellcare Management Group Inc), Merger Agreement (Wellcare Group Inc), Merger Agreement (Wellcare Management 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 Closing Date(or the Additional Closing, as the case may be).
Appears in 3 contracts
Sources: Series C Preferred Stock Purchase Agreement (Qualix Group Inc), Series D Preferred Stock and Warrant Purchase Agreement (Qualix Group Inc), Series C Preferred Stock Purchase Agreement (Qualix Group 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 3 contracts
Sources: 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 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
Sources: Merger Agreement (Broadcom Corp), Merger Agreement (Broadcom Corp), Merger Agreement (Broadcom 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
Sources: Stock Purchase Agreement (Diamond Technology Partners Inc), Stock Purchase Agreement (Diamond Technology Partners Inc), Series D Preferred Stock Purchase Agreement (Planetrx Com)
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 Second Closing.
Appears in 3 contracts
Sources: Series E Preferred Stock Purchase Agreement (Regado Biosciences Inc), Series E Preferred Stock Purchase Agreement (Regado Biosciences Inc), Series B Preferred Stock Purchase Agreement (Flashcom 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 or with which it is required to have complied on or before such Closing Datethe Closing.
Appears in 3 contracts
Sources: Common Stock and Warrant Purchase Agreement (Westcliff Capital Management LLC/Ca), Common Stock and Warrant Purchase Agreement (KFX Inc), Common Stock and Warrant Purchase Agreement (KFX 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 DateClosing.
Appears in 3 contracts
Sources: 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 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 3 contracts
Sources: Private Placement Units Purchase Agreement (ITHAX Acquisition Corp.), Warrant Purchase Agreement (Iconic Sports Acquisition Corp.), Warrant Agreement (9F 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.Date and shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein;
Appears in 3 contracts
Sources: Note Purchase Agreement (Sharps Technology Inc.), Note Purchase Agreement (Sharps Technology Inc.), Note Purchase Agreement (Volcon, 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 3 contracts
Sources: Stock and Warrant Purchase Agreement (California Micro Devices Corp), Stock Purchase Agreement (California Micro Devices Corp), Stock Purchase Agreement (Ipvoice Communications 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 the Company prior to or on or before such the Closing Date.
Appears in 3 contracts
Sources: 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 have performed and complied in all material respects with all agreements, obligations 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 3 contracts
Sources: Stock Purchase Agreement (Depomed Inc), Stock Purchase Agreement (Depomed Inc), Stock Purchase Agreement (Depomed 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 Dateprior to the Closing.
Appears in 3 contracts
Sources: Class a Common Stock Purchase Agreement (Monitor Clipper Equity Partners Lp), Stock Purchase Agreement (Alliance Imaging Inc /De/), Senior Note Purchase Agreement (Global Traffic Network, 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 DateClosing.
Appears in 3 contracts
Sources: Purchase Agreement (Micros to Mainframes Inc), Class a Common Stock Purchase Agreement (Isonics Corp), Purchase Agreement (MTM Technologies, 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 any Closing Date.
Appears in 3 contracts
Sources: Sponsor Warrant Purchase Agreement, Warrant Purchase Agreement (Modern Media Acquisition Corp.), Warrant Purchase Agreement (Modern Media 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 or with which it is required to have complied on or before such Closing Datethe applicable Closing.
Appears in 3 contracts
Sources: Common Stock Purchase Agreement (Icm Asset Management Inc/Wa), Common Stock Purchase Agreement (Svi Holdings Inc), Common Stock Purchase Agreement (Elite Logistics 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 Datethe Closing, and will have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.
Appears in 3 contracts
Sources: Stock Purchase and Investor Rights Agreement (Xiox Corp), Stock Purchase and Investor Rights Agreement (At Comm Corp), Stock Purchase and Investor Rights Agreement (Xiox Corp)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that the Transaction Agreements which are required to be performed or complied with by it on or before such Closing Datethe Note Closing.
Appears in 2 contracts
Sources: Convertible Note Purchase Agreement (Missfresh LTD), Convertible Note Purchase Agreement (Missfresh 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 or before such Closing Datethe Initial Closing.
Appears in 2 contracts
Sources: Series C Preferred Stock Purchase Agreement (Planetrx Com), Series B Preferred 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 the Closing Dateand shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Homestore Com Inc), Stock Purchase Agreement (Homestore Com 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 DateAdditional Closing.
Appears in 2 contracts
Sources: Secured Note Purchase Agreement, Secured Note Purchase Agreement (Cardica 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 or before such the Closing Date.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Major League Football Inc), Securities Purchase Agreement (Major League Football 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 and the other Purchase Documents to be performed or complied with by it on prior to or before such Closing Dateat the Closing.
Appears in 2 contracts
Sources: Preferred Stock Purchase Agreement (Sedona Corp), Common Stock Purchase Agreement (American Bio Medica 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 Agreement Date and shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.
Appears in 2 contracts
Sources: Common Stock Purchase Agreement (Planet Zanett Inc), Stock Purchase Agreement (Planet Zanett Inc)
Performance. The Company shall have performed and complied compiled 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 2 contracts
Sources: Series a Preferred Stock Purchase Agreement (Pemstar Inc), Series a Preferred Stock Purchase Agreement (Pemstar 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 DateClosing, and delivery of any document, instrument or certificate by any officer of the Company required or furnished pursuant to this Section 4 shall have been duly authorized by the Company.
Appears in 2 contracts
Sources: Series 4 a Convertible Preferred Stock Purchase Agreement (Vsource Inc), Convertible Preferred Stock Purchase Agreement (Vsource 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 with, and shall have obtained all necessary consents, approvals and waivers as are necessary or appropriate for consummation of the transactions contemplated by it this Agreement, on or before such Closing Datethe Closing.
Appears in 2 contracts
Sources: Unit Subscription Agreement (Nhancement Technologies Inc), Unit Subscription Agreement (Nhancement Technologies Inc)