Common use of Performance Clause in Contracts

Performance. The Purchaser 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 the Purchaser on or before such Closing Date.

Appears in 2144 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 (Collective Acquisition Corp. II)

Performance. The Purchaser 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 the Purchaser on or before such the Closing Date.

Appears in 315 contracts

Sources: Anchor Subscription Agreement (Pershing Square USA, Ltd.), Preferred Shares Subscription Agreement (Pershing Square USA, Ltd.), Common Shares Subscription Agreement (Pershing Square USA, Ltd.)

Performance. The Purchaser 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 the Purchaser on or before such the Closing DateDates.

Appears in 302 contracts

Sources: Warrants Purchase Agreement (SilverBox Corp III), Warrant Purchase Agreement (SilverBox Corp III), Warrant Purchase Agreement (SilverBox Engaged Corp II)

Performance. The Purchaser Purchasers 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 the Purchaser Purchasers on or before such Closing Date.

Appears in 122 contracts

Sources: Private Placement Warrants Agreement (Keystone Acquisition Corp.), Private Placement Warrants Agreement (Metals Acquisition Corp. II), Private Placement Warrants Agreement (Metals Acquisition Corp. II)

Performance. The Purchaser 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 the Purchaser on or before such the applicable Closing Date.

Appears in 87 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 Purchaser shall have performed and complied with with, in all material respects, the agreements, covenants and obligations and conditions contained in required by this Agreement that are required to be so performed or complied with by the Purchaser on at or before such Closing Datethe Closing.

Appears in 57 contracts

Sources: Asset Purchase Agreement (Florida Gaming Corp), Asset Purchase Agreement (U S Wireless Data Inc), Membership Interest Purchase and Sale Agreement (Kgen Power Corp)

Performance. The Purchaser shall have performed and complied with with, in all agreementsmaterial respects, obligations each agreement, covenant and conditions contained in obligation required by this Agreement that are required to be so performed or complied with by the Purchaser on at or before such Closing Datethe Closing.

Appears in 53 contracts

Sources: Asset Purchase Agreement, Membership Interest Purchase Agreement (Red Rock Resorts, Inc.), Asset Purchase Agreement (Veritec Inc)

Performance. The Purchaser Purchasers 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 the Purchaser 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 30 contracts

Sources: Securities Purchase Agreement (Cirque Energy, Inc.), Securities Purchase Agreement (Medefile International, Inc.), Securities Purchase Agreement (Medefile International, Inc.)

Performance. The Purchaser 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 the Purchaser on or before such each Closing Date.

Appears in 26 contracts

Sources: Sponsor Interest Purchase Agreement (Scilex Holding Co), Sponsor Interest Purchase Agreement (Denali Capital Acquisition Corp.), Sponsor Interest Purchase Agreement (Scilex Holding Co)

Performance. The Purchaser 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 the Purchaser on or before such the IPO Closing Date.

Appears in 20 contracts

Sources: Unit Purchase Agreement (Brookline Capital Acquisition Corp II), Unit Purchase Agreement (Brookline Capital Acquisition Corp II), Private Placement Units Purchase Agreement (Invest Green Acquisition Corp)

Performance. The Purchaser 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 the Purchaser on or before such Closing Datethe Closing.

Appears in 20 contracts

Sources: Private Placement Units Purchase Agreement (BurTech Acquisition Corp II), Private Placement Units Purchase Agreement (BurTech Acquisition Corp II), Founder Shares and Private Placement Units Purchase Agreement (Pono Capital Four, Inc.)

Performance. The Purchaser Purchasers 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 the Purchaser them on or before such Closing Datethe Closing.

Appears in 18 contracts

Sources: Founding Director Warrant Purchase Agreement (Echo Healthcare Acquisition Corp.), Founding Director Warrant Purchase Agreement (Oracle Healthcare Acquisition Corp.), Founding Director Warrant Purchase Agreement (HD Partners Acquisition CORP)

Performance. The Purchaser 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 the Purchaser it on or before such Closing Datethe Closing.

Appears in 17 contracts

Sources: Stock Purchase Agreement (Motorsport Gaming Us LLC), Stock Purchase Agreement (Motorsport Gaming Us LLC), Securities Purchase Agreement (Akoustis Technologies, Inc.)

Performance. The Purchaser Purchasers 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 the Purchaser Purchasers on or before such the Closing Date.

Appears in 16 contracts

Sources: Private Placement Units Purchase Agreement (CH4 Natural Solutions Corp), Private Placement Units Purchase Agreement (CH4 Natural Solutions Corp), Private Placement Warrants Purchase Agreement (Pioneer Acquisition I Corp)

Performance. The Purchaser 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 the Purchaser it on or before such the applicable Closing Date.

Appears in 14 contracts

Sources: Founders’ Securities Purchase Agreement (Leopard Acquisition Corp.), Initial Founder’s Securities Purchase Agreement (GSC Acquisition Co), Sponsor Securities Purchase Agreement (FinTech Acquisition Corp.)

Performance. The Purchaser Purchasers 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 the Purchaser them 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 14 contracts

Sources: Securities Purchase Agreement (Quepasa Corp), Securities Purchase Agreement (Quepasa Corp), Securities Purchase Agreement (Quepasa Corp)

Performance. The Such Purchaser 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 the Purchaser on or before such the Closing Date.

Appears in 12 contracts

Sources: Private Placement Warrants Purchase Agreement (Rigel Resource Acquisition Corp.), Private Placement Warrants Purchase Agreement (Rigel Resource Acquisition Corp.), Private Placement Warrants Purchase Agreement (Tekkorp Digital Acquisition Corp.)

Performance. The Purchaser 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 the Purchaser on at or before such Closing Datethe Closing.

Appears in 12 contracts

Sources: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement (Frederick's of Hollywood Group Inc /Ny/)

Performance. The Purchaser shall have performed and complied in all material respects with all agreements, obligations obligations, and conditions contained in required by this Agreement that are required to be performed or complied with by the Purchaser it on or before such the Closing Date.

Appears in 10 contracts

Sources: Asset Purchase Agreement (Reliability Inc), Asset Purchase Agreement (Dipexium Pharmaceuticals, LLC), Asset Purchase Agreement (Visualant Inc)

Performance. The Purchaser 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 the such Purchaser on at or before such Closing Datethe Closing.

Appears in 10 contracts

Sources: Stock Purchase Agreement, Stock Purchase Agreement (CDC Software CORP), Stock Purchase Agreement (CDC Corp)

Performance. The Purchaser shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement the Transaction Documents that are required to be performed or complied with by the Purchaser it on or before such Closing Datethe Closing.

Appears in 9 contracts

Sources: Share Subscription Agreement (NaaS Technology Inc.), Share Subscription Agreement (NaaS Technology Inc.), Share Subscription Agreement (NIO Inc.)

Performance. The Purchaser shall have materially performed and materially complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Purchaser it or him on or before such Closing Datethe Closing.

Appears in 8 contracts

Sources: Common Stock Purchase Agreement (Entrust Financial Services Inc), Common Stock Purchase Agreement (Zane Acquisition I Inc), Common Stock Purchase Agreement (Zane Acquisition Ii Inc)

Performance. The Purchaser 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 prior to or on the Purchaser on or before such Closing Date.

Appears in 8 contracts

Sources: Asset Purchase Agreement (Masada Security Holdings Inc), Asset Purchase Agreement (Masada Security Holdings Inc), Asset Purchase Agreement (Masada Security Holdings Inc)

Performance. The Each Purchaser 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 the such Purchaser on or before such Closing Date.

Appears in 8 contracts

Sources: Private Placement Units Purchase Agreement (Irenic Acquisition Corp.), Private Placement Units Purchase Agreement (Irenic Acquisition Corp.), Private Placement Warrants Purchase Agreement (Black Spade Acquisition III Co)

Performance. The Such Purchaser 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 the such Purchaser on or before such Closing Date.

Appears in 8 contracts

Sources: Private Placement Warrants Purchase Agreement (Capitol Investment Corp. VI), Private Placement Warrants Purchase Agreement (BrightSpark Capitol Corp.), Private Placement Warrants Purchase Agreement (Capitol Investment Corp. VII)

Performance. The Purchaser shall have performed and duly complied with and performed, in all agreementsmaterial respects, all agreements and obligations and conditions contained in required by this Agreement that are required to be performed or complied with or performed by the Purchaser on or before such the Closing Date.

Appears in 8 contracts

Sources: Stock Purchase Agreement (Zeros & Ones Inc), Stock Purchase Agreement (Incomnet Inc), Stock Purchase Agreement (Incomnet Inc)

Performance. The Purchaser 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 the Purchaser it on or before such Closing Datethe Closing.

Appears in 7 contracts

Sources: Purchase Agreement (Divine Interventures Inc), Purchase Agreement (Divine Interventures Inc), Purchase Agreement (Divine Interventures Inc)

Performance. The Purchaser 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 the Purchaser on prior to or before such Closing Dateat the Closing.

Appears in 7 contracts

Sources: Stock Purchase Agreement, Stock Purchase Agreement (POSITIVEID Corp), Stock Purchase Agreement (POSITIVEID Corp)

Performance. The Purchaser 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 the Purchaser it or him on or before such Closing Datethe Closing.

Appears in 7 contracts

Sources: Purchase Agreement (Liquid Media Group Ltd.), Purchase Agreement (First Colombia Development Corp.), Common Stock Purchase Agreement (Mattmar Minerals Inc)

Performance. The Purchaser Each of the Purchasers 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 the such Purchaser on or before such the Closing DateDates.

Appears in 7 contracts

Sources: Warrant Purchase Agreement (Leisure Acquisition Corp.), Warrant Purchase Agreement (Leisure Acquisition Corp.), Warrant Purchase Agreement (Leisure Acquisition Corp.)

Performance. The Purchaser 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 the Purchaser it on or before such the Closing Date.

Appears in 7 contracts

Sources: Stock Purchase Agreement (Deswell Industries Inc), Initial Founders’ Securities Purchase Agreement (NTR Acquisition Co.), Stock Purchase Agreement (Quadramed Corp)

Performance. The Such Purchaser 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 the Purchaser them on or before such Closing Datethe Closing.

Appears in 7 contracts

Sources: Securities Purchase Agreement (Scientific Industries Inc), Securities Purchase Agreement (Scientific Industries Inc), Securities Purchase Agreement (Scientific Industries Inc)

Performance. The Purchaser shall have performed and complied in all material respects with all the agreements, covenants and obligations and conditions contained in required by this Agreement that are required to be performed or complied with by the Purchaser on at or before such Closing Datethe Closing.

Appears in 7 contracts

Sources: Purchase and Sale Agreement (Clearway Energy, Inc.), Purchase and Sale Agreement (Clearway Energy LLC), Asset Purchase Agreement (Cavco Industries Inc.)

Performance. The Purchaser 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 the Purchaser on or before such Closing Datethe date hereof.

Appears in 7 contracts

Sources: Securities Purchase Agreement (byNordic Acquisition Corp), Securities Purchase Agreement (byNordic Acquisition Corp), Securities Purchase Agreement (byNordic Acquisition Corp)

Performance. The Purchaser shall have performed and complied in all material respects with all agreements, covenants, obligations and conditions contained in required by this Agreement that are required or any of the other Transaction Documents to be performed or complied with by it at or prior to the Purchaser on or before such Closing DateClosing.

Appears in 7 contracts

Sources: Asset Purchase Agreement (Pantry Inc), Asset Purchase Agreement (Pantry Inc), Asset Purchase Agreement (Pantry Inc)

Performance. The Purchaser Purchasers 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 the Purchaser Purchasers on or before such the Closing DateDates.

Appears in 7 contracts

Sources: Warrants Purchase Agreement (Revelstone Capital Acquisition Corp.), Private Placement Warrants Purchase Agreement (NorthView Acquisition Corp), Private Placement Shares Purchase Agreement (TradeUP Acquisition Corp.)

Performance. The Purchaser Purchasers 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 them prior to or on the Purchaser on or before such Closing Date.

Appears in 6 contracts

Sources: Securities Purchase Agreement (United Surgical Partners International Inc), Securities Purchase Agreement (United Surgical Partners International Inc), Securities Purchase Agreement (United Surgical Partners International Inc)

Performance. The Each Purchaser shall have performed and or 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 the such Purchaser on or before such prior to the Closing Date.

Appears in 6 contracts

Sources: Securities Purchase Agreement (Opus Genetics, Inc.), Securities Purchase Agreement (Outset Medical, Inc.), Securities Purchase Agreement (Biodesix Inc)

Performance. The Purchaser 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 the Purchaser it on or before such Closing Datethe Closing.

Appears in 6 contracts

Sources: Collaboration and License Agreement (Aptevo Therapeutics Inc.), Collaboration and License Agreement (Trubion Pharmaceuticals, Inc), Collaboration and License Agreement (Trubion Pharmaceuticals, Inc)

Performance. The Purchaser 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 the Purchaser on or before such the Closing Date.

Appears in 6 contracts

Sources: Private Placement Warrants Purchase Agreement (Infinite Acquisition Corp.), Private Placement Warrants Purchase Agreement (Iconic Sports Acquisition Corp.), Private Placement Warrants Purchase Agreement (Iconic Sports Acquisition Corp.)

Performance. The Purchaser shall have performed and complied with all agreementsother conditions, obligations covenants and conditions agreements contained in this Agreement that are required to be performed or complied with by the Purchaser on or before such Closing Datethe applicable Closing.

Appears in 5 contracts

Sources: Common Stock Purchase Agreement (XOMA Corp), Common Stock Purchase Agreement (Rezolute, Inc.), Common Stock Purchase Agreement (Ultragenyx Pharmaceutical Inc.)

Performance. The Purchaser shall have performed and complied with all the agreements, covenants and obligations and conditions contained in required by this Agreement that are required to be so performed or complied with by the Purchaser on at or before such Closing Datethe Closing.

Appears in 5 contracts

Sources: Purchase Agreement (Duke Power CO LLC), Purchase Agreement (Dynegy Holdings Inc), Purchase Agreement (Pinnacle West Capital Corp)

Performance. The Purchaser and Guarantor shall have performed performed, delivered and complied with all agreements, obligations and conditions contained in required by this Agreement that are required to be performed performed, delivered or complied with by the Purchaser and/or Guarantor on or before such prior to the Closing Date.

Appears in 5 contracts

Sources: Asset Purchase Agreement (NPC Restaurant Holdings, LLC), Asset Purchase Agreement (Wendy's Co), Asset Purchase Agreement (Wendy's Co)

Performance. The Purchaser shall have have, in all material respects, performed and complied with all agreements, obligations obligations, covenants and conditions contained in required by this Agreement that are required to be so performed or complied with by the Purchaser on at or before such Closing Dateprior to the Closing.

Appears in 5 contracts

Sources: Equity Purchase Agreement (MVB Financial Corp), Securities Purchase Agreement (Addus HomeCare Corp), Purchase Agreement (Globe Specialty Metals Inc)

Performance. The Purchaser 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 the Purchaser on at or before such Closing Datethe Closing.

Appears in 4 contracts

Sources: Asset Purchase Agreement (Identiv, Inc.), Stock Purchase Agreement (Intersections Inc), Stock Purchase Agreement (China Healthcare Acquisition Corp.)

Performance. The Purchaser shall have performed and complied in all material respects with all agreementscovenants, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by the Purchaser on or before such prior to the Closing Date.

Appears in 4 contracts

Sources: Convertible Note and Warrant Purchase Agreement (Local Bounti Corporation/De), Convertible Note and Warrant Purchase Agreement (Local Bounti Corporation/De), Convertible Note Purchase Agreement (Hut 8 Corp.)

Performance. The Each Purchaser 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 the Purchaser it on or before such the Closing Date.

Appears in 4 contracts

Sources: Convertible Note Purchase Agreement (Aptimus Inc), Securities Purchase Agreement (HCM Acquisition CO), Securities Purchase Agreement (GHL Acquisition Corp.)

Performance. The Purchaser 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 the Purchaser it on or before such the Closing Date.

Appears in 4 contracts

Sources: Stock Purchase Agreement (Silgan Holdings Inc), Stock Purchase Agreement (Schwab Charles Corp), Stock Purchase Agreement (Schwab Charles Corp)

Performance. The Purchaser shall will have performed and complied in all material respects with all agreements, covenants, obligations and conditions contained in required by this Agreement that are required to be performed or complied with by the Purchaser on at or before such Closing Dateprior to the Closing.

Appears in 4 contracts

Sources: Asset Purchase Agreement (Veri-Tek International, Corp.), Agreement and Plan of Reorganization (Global Epoint Inc), Stock Purchase Agreement (Ratexchange Corp)

Performance. The Purchaser Purchasers 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 the Purchaser it on or before such Closing Datethe Closing.

Appears in 4 contracts

Sources: Purchase Agreement (MTM Technologies, Inc.), Purchase Agreement (MTM Technologies, Inc.), Purchase Agreement (MTM Technologies, Inc.)

Performance. The Purchaser Purchasers shall have performed and or complied with all agreements, obligations terms and conditions contained in required by this Agreement that are required to be performed or complied with by them prior to or at the Purchaser on or before such Closing Datetime of the Closing.

Appears in 4 contracts

Sources: Convertible Note Purchase and Conversion Agreement (Uplift Nutrition, Inc.), Convertible Note Purchase and Conversion Agreement (Uplift Nutrition, Inc.), Stock Purchase Agreement (Uplift Nutrition, Inc.)

Performance. The Purchaser shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are covenants required to be performed or complied with by the Purchaser it on or before such prior to the Closing Date.

Appears in 4 contracts

Sources: Asset Purchase Agreement (Integrated Device Technology Inc), Asset Purchase Agreement (Integrated Device Technology Inc), Stock Purchase Agreement (Edgen Louisiana CORP)

Performance. The Purchaser 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 so performed or complied with by Purchaser prior to the Purchaser on or before such Closing DateClosing.

Appears in 4 contracts

Sources: Stock Purchase Agreement (Gerber Childrenswear Inc), Stock Purchase Agreement (Ogden Corp), Recapitalization and Stock Purchase Agreement (American Axle & Manufacturing Holdings Inc)

Performance. The Each Purchaser shall have performed and complied in all material respects with all agreementscovenants, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by the Purchaser on or before such prior to the Agreement Date or each Closing Date, as applicable.

Appears in 4 contracts

Sources: Unsecured Pik Convertible Notes Purchase Agreement (Uber Technologies, Inc), Unsecured Pik Convertible Notes Purchase Agreement (Uber Technologies, Inc), Unsecured Pik Convertible Notes Purchase Agreement (Uber Technologies, Inc)

Performance. The Purchaser shall have performed and or 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 the Purchaser on or before such prior to the Closing Date.

Appears in 4 contracts

Sources: Securities Purchase Agreement (Rein Therapeutics, Inc.), Securities Purchase Agreement (Rein Therapeutics, Inc.), Securities Purchase Agreement (Athira Pharma, Inc.)

Performance. The Purchaser shall have performed and complied with all agreements, obligations and conditions contained in covenants required by this Agreement that are required to be performed or complied with by the Purchaser it on or before such prior to the Closing Date.

Appears in 4 contracts

Sources: Stock Purchase Agreement (Pick Communications Corp), Stock Purchase Agreement (American Vantage Companies), Share Purchase Agreement (Distinctive Devices Inc)

Performance. The Purchaser shall have performed and complied with with, in all material respects, all agreements, conditions, covenants and obligations and conditions contained in required by this Agreement that are required to be performed or complied with by the Purchaser on or before such prior to the Closing Date.

Appears in 4 contracts

Sources: Share Purchase Agreement (Weichai America Corp.), Share Purchase Agreement (Power Solutions International, Inc.), Stock Purchase Agreement (Fujian Thai Hot Investment Co., LTD)

Performance. The Purchaser shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Purchaser on or before such the Closing Date.

Appears in 4 contracts

Sources: Stock Purchase Agreement (PW Partners Atlas Fund III, LP), Stock Purchase Agreement (PW Partners Atlas Fund III, LP), Call Option Agreement (PW Partners Atlas Fund III, LP)

Performance. The Purchaser Purchasers 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 them prior to or on the Purchaser on or before such Initial Closing Date.

Appears in 4 contracts

Sources: Securities Purchase Agreement (United Surgical Partners International Inc), Securities Purchase Agreement (United Surgical Partners International Inc), Securities Purchase Agreement (United Surgical Partners International Inc)

Performance. The Purchaser shall have performed and complied with all agreements, covenants, obligations and conditions contained in this Agreement that are required to be performed or complied with by it at or prior to the Purchaser on or before such Closing DateClosing.

Appears in 3 contracts

Sources: Share Purchase Agreement (The9 LTD), Share Purchase Agreement (The9 LTD), Share Purchase Agreement (The9 LTD)

Performance. The Purchaser shall have performed and complied with all agreements, covenants, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Purchaser on it at or before such Closing Dateprior to Closing, as applicable.

Appears in 3 contracts

Sources: Share Purchase Agreement (The9 LTD), Share Purchase Agreement (The9 LTD), Share Purchase Agreement (The9 LTD)

Performance. The Purchaser 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 the Purchaser it on or before such the Closing Date.

Appears in 3 contracts

Sources: Preferred Stock Purchase Agreement (Columbia Laboratories Inc), Securities Purchase Agreement (Grove Real Estate Asset Trust), Securities Purchase Agreement (Grove Real Estate Asset Trust)

Performance. The Purchaser 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 the Purchaser it on or before such prior to the Closing Date, and each document, instrument and payment required to be delivered pursuant to Section 3.2 shall have been delivered.

Appears in 3 contracts

Sources: Stock Purchase Agreement (Lithium Technology Corp), Stock Purchase Agreement (Lithium Technology Corp), Stock Purchase Agreement (Hagens Eduard)

Performance. The Each Purchaser 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 prior to, the Purchaser on or before such Closing Date.

Appears in 3 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 Purchaser 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 the Purchaser it on or before such prior to the Closing Date.

Appears in 3 contracts

Sources: Stock Purchase Agreement (Branded Media CORP), Asset Purchase Agreement (Access Beyond Inc), Asset Purchase Agreement (Fast Food Operators Inc)

Performance. The Each Purchaser 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 such Purchasers prior to or at the Purchaser on or before such Closing DateClosing.

Appears in 3 contracts

Sources: Common Stock Purchase Agreement (Pixtech Inc /De/), Common Stock Purchase Agreement (Unipac Optoelectronics Corp), Common Stock Purchase Agreement (United Microelectronics Corp)

Performance. The Purchaser 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 the Purchaser it on or before such Closing Datethe Closing.

Appears in 3 contracts

Sources: Securities Purchase Agreement (American Capital Strategies LTD), Securities Purchase Agreement (Corrpro Companies Inc /Oh/), Securities Purchase Agreement (Corrpro Companies Inc /Oh/)

Performance. The Purchaser 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 the Purchaser 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 Purchaser shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Purchaser on or before such the Closing Date.

Appears in 3 contracts

Sources: Stock Purchase Agreement (Mvi Partners, LLC), Stock Purchase Agreement (Rock Castle Holdings, LLC), Stock Purchase Agreement (HealthWarehouse.com, Inc.)

Performance. The Purchaser shall have performed and complied with all the agreements, covenants and obligations and conditions contained in required by this Agreement that are required to be so performed or complied with by the Purchaser on at or before such the Closing Date.

Appears in 3 contracts

Sources: Asset Purchase Agreement (Duke Energy Progress, Inc.), Asset Purchase Agreement, Asset Purchase Agreement (Duke Energy Carolinas, LLC)

Performance. The Purchaser Purchasers 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 the Purchaser it or him on or before such Closing Datethe Closing.

Appears in 3 contracts

Sources: Common Stock Purchase Agreement (Aerobic Creations, Inc.), Common Stock Purchase Agreement (24holdings Inc), Common Stock Purchase Agreement (Autocarbon Inc)

Performance. The Purchaser Purchasers 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 the Purchaser Purchasers on or before such Closing Datethe Closing.

Appears in 3 contracts

Sources: Private Placement Units Subscription Agreement (BOA Acquisition Corp. II), Private Placement Securities and Founders Shares Subscription Agreement (Globa Terra Acquisition Corp), Recapitalization Agreement (Fastclick Inc)

Performance. The Purchaser Purchasers 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 the Purchaser on Purchasers prior to or before such Closing Dateat the Closing.

Appears in 3 contracts

Sources: Series F Subscription Agreement (Edison Schools Inc), Securities Purchase Agreement (Tripath Imaging Inc), Series F Subscription Agreement (Edison Schools Inc)

Performance. The Purchaser 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 the Purchaser them on or before such prior to the Closing DateDate except for those failures to so perform or comply that, individually or in the aggregate, would not impair the ability of Purchaser to consummate the transactions contemplated hereby.

Appears in 3 contracts

Sources: Stock Purchase Agreement (Depomed Inc), Stock Purchase Agreement (Depomed Inc), Stock Purchase Agreement (Depomed Inc)

Performance. The Each Purchaser 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 the Purchaser it on or before the Closing (including, without limitation, the completion of the Questionnaire, which shall be furnished to the Company), and shall have obtained all approvals, consents and qualifications of such Closing DatePurchaser necessary to complete the purchase and sale described herein.

Appears in 3 contracts

Sources: Securities Purchase Agreement (Antigenics Inc /De/), Securities Purchase Agreement (Antigenics Inc /De/), Securities Purchase Agreement (Antigenics Inc /De/)

Performance. The Purchaser shall have performed and complied with with, in all agreementsmaterial respects, the agreements and obligations and conditions contained in required by this Agreement that are required and the Operative Agreements to be so performed or complied with by the Purchaser on at or before such Closing Datethe Closing.

Appears in 2 contracts

Sources: Product Asset Purchase Agreement (King Pharmaceuticals Inc), General Products Agreement (King Pharmaceuticals Inc)

Performance. The Purchaser Purchasers shall have performed and complied with all agreements, obligations agreements and conditions contained in this Amended and Restated Purchase Agreement that are required to be performed or and complied with by them prior to or at the Purchaser on or before such Closing Dateapplicable Closing.

Appears in 2 contracts

Sources: Securities Purchase Agreement (General Devices Inc), Securities Purchase Agreement (General Devices Inc)

Performance. The Purchaser shall have performed and complied with with, in all agreementsmaterial respect, obligations all agreements and conditions contained in this Agreement that are required to be performed or complied with by prior to or at the Purchaser on or before such Closing DateClosing.

Appears in 2 contracts

Sources: Securities Purchase Agreement (American Realty Capital Properties, Inc.), Securities Purchase Agreement (American Realty Capital Properties, Inc.)

Performance. The Purchaser shall have performed and complied with all agreements, obligations obligations, and conditions contained in this Agreement the Investment Documents that are required to be performed or complied with by the Purchaser it on or before such Closing Datethe Closing.

Appears in 2 contracts

Sources: Note Purchase Agreement (LumiraDx LTD), Note Purchase Agreement (LumiraDx LTD)

Performance. The Purchaser Each of the Purchasers 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 the such Purchaser on or before such the Closing Date.

Appears in 2 contracts

Sources: Private Placement Warrants Purchase Agreement (GP-Act III Acquisition Corp.), Sponsor Warrants Purchase Agreement (Stellar Acquisition III Inc.)

Performance. The Purchaser Purchasers 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 any of them prior to or at the Purchaser on or before such Closing DateTime.

Appears in 2 contracts

Sources: Purchase Agreement (American Coin Merchandising Inc), Purchase Agreement (American Coin Merchandising Inc)

Performance. The Purchaser 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 the Purchaser them 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: Convertible Note Purchase and Credit Facility Agreement (Aehr Test Systems), Stock Purchase Agreement (Avistar Communications Corp)

Performance. The Purchaser Purchasers 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 them prior to or at the Purchaser on or before such Closing DateClosing.

Appears in 2 contracts

Sources: Series D Convertible Preferred Stock Purchase Agreement (Epix Medical Inc), Convertible Promissory Note Purchase Agreement (Epix Medical Inc)

Performance. The Purchaser 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 the Purchaser on or before such the Initial Closing Date.

Appears in 2 contracts

Sources: Private Placement Warrants Subscription Agreement (Rodgers Silicon Valley Acquisition Corp), Private Placement Warrants Subscription Agreement (Rodgers Silicon Valley Acquisition Corp)

Performance. The Each Purchaser 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 the Purchaser it on or before such Closing Date(including, without limitation, the completion of the Questionnaire, which shall be furnished to the Company), and shall have obtained all approvals, consents and qualifications of such Purchaser necessary to complete the purchase and sale described herein.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Armen Garo H), Securities Purchase Agreement (Antigenics Inc /De/)

Performance. The Purchaser shall have performed and complied with all agreements, obligations obligations, and conditions contained in this Agreement and any Ancillary Agreements required to be executed by it, that are required to be performed or complied with by the Purchaser it on or before such the Closing Date.

Appears in 2 contracts

Sources: Share Purchase Agreement, Share Purchase Agreement (VelaTel Global Communications, Inc.)

Performance. The Each Purchaser 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 the relevant Purchaser on or before such Closing Date.

Appears in 2 contracts

Sources: Private Placement Warrants Purchase Agreement (SDCL EDGE Acquisition Corp), Private Placement Warrants Purchase Agreement (SDCL EDGE Acquisition Corp)

Performance. The Purchaser Purchasers 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 the Purchaser on at or before such Closing Dateeach Closing.

Appears in 2 contracts

Sources: Series D Preferred Stock Purchase Agreement (Roka BioScience, Inc.), Series D Preferred Stock Purchase Agreement (Roka BioScience, Inc.)

Performance. The Each Purchaser 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 the Purchaser it on or before such Closing Datethe Closing.

Appears in 2 contracts

Sources: Convertible Note Purchase Agreement (Gi Dynamics, Inc.), Convertible Note Purchase Agreement (Gi Dynamics, Inc.)

Performance. The Purchaser shall have performed and complied in all material respects with all of his agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Purchaser him 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: Securities Purchase Agreement (L-1 Identity Solutions, Inc.), Securities Purchase Agreement (L-1 Identity Solutions, Inc.)

Performance. The Purchaser 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 the Purchaser 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: Securities Purchase Agreement (Quepasa Corp), Securities Purchase Agreement (Quepasa Corp)

Performance. The Purchaser Purchasers 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 the Purchaser on or before such Closing Date.

Appears in 2 contracts

Sources: Private Placement Warrants Purchase Agreement (Rose Hill Acquisition Corp), Private Placement Warrants Purchase Agreement (Rose Hill Acquisition Corp)

Performance. The Purchaser Each of the Purchasers 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 the Purchaser on or before such Closing Date.

Appears in 2 contracts

Sources: Private Placement Warrants Purchase Agreement (M3-Brigade Acquisition III Corp.), Private Placement Warrants Purchase Agreement (M3-Brigade Acquisition III Corp.)

Performance. The Purchaser shall have performed and or complied with all its agreements, covenants and obligations and conditions contained in this Agreement that are required to be performed or complied with by the Purchaser this Agreement on or before such the Closing Date.

Appears in 2 contracts

Sources: Membership Interest Purchase Agreement (Sodak Gaming Inc), Stock Purchase Agreement (Hedstrom Holdings Inc)

Performance. The Purchaser 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 the Purchaser it on or before such prior to the Closing Date., including, without limitation, those referred to in Article V.

Appears in 2 contracts

Sources: Asset Purchase Agreement (California Software Corp), Technology Purchase Agreement (Medcom Usa Inc)

Performance. The Such Purchaser 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 the such Purchaser on or before such the Closing Date.

Appears in 2 contracts

Sources: Private Placement Units Purchase Agreement (Aurora Acquisition Corp.), Private Placement Units Purchase Agreement (Aurora Acquisition Corp.)

Performance. The Purchaser 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 the such Purchaser on or before such each Closing Date.

Appears in 2 contracts

Sources: Sponsor Warrants Purchase Agreement (Hunter Maritime Acquisition Corp.), Sponsor Warrants Purchase Agreement (Hunter Maritime Acquisition Corp.)

Performance. The Purchaser 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 the Purchaser prior to or on or before such the Closing Date.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Concentra Operating Corp), Securities Purchase Plan (Concentra Operating Corp)

Performance. The Purchaser shall have performed and complied in all material respects with all agreements, covenants, obligations and conditions contained in required by this Agreement that are required or any of the other Transaction Documents to be performed or complied with by it at or prior to the Purchaser on First Closing Date or before such Second Closing Date.

Appears in 2 contracts

Sources: Asset Purchase Agreement, Asset Purchase Agreement (Pantry Inc)

Performance. The Purchaser Purchasers 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 the Purchaser it on or before such Closing Datethe Closing.

Appears in 2 contracts

Sources: Warrant Purchase Agreement (2020 ChinaCap Acquirco, Inc.), Warrant Purchase Agreement (2020 ChinaCap Acquirco, Inc.)