Performance. The Company 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 Company on or before such Closing.
Appears in 93 contracts
Samples: Share Purchase Agreement (Forwardly, Inc.), Subscription Agreement (Fat Brands, Inc), Convertible Note Purchase Agreement (DoorDash Inc)
Performance. The Company 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 Company it on or before such the Closing.
Appears in 79 contracts
Samples: Preferred Stock Purchase Agreement (WhiteSmoke, Inc.), Stock Purchase Agreement (Displaytech Inc), Stock Purchase Agreement (Aethlon Medical Inc)
Performance. The Company shall have performed and complied with all All covenants, agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such Closingprior to the Closing Date shall have been performed or complied with by the Company in all material respects.
Appears in 47 contracts
Samples: Preferred Stock Purchase Agreement (Amacore Group, Inc.), Subscription Agreement (Black Elk Energy Offshore Operations, LLC), Securities Purchase Agreement (Andover Medical, Inc.)
Performance. The Company 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 Company on or before such the Closing.
Appears in 46 contracts
Samples: Adoption Agreement (Seres Therapeutics, Inc.), Series a Preferred Stock Purchase Agreement (Spring Street Partners Lp), Stock Purchase Agreement (China Tel Group Inc)
Performance. The Company 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 Company it on or before such the Closing.
Appears in 32 contracts
Samples: Securities Purchase Agreement (American Electric Technologies Inc), Share Subscription Agreement (Tencent Music Entertainment Group), Contribution and Rollover Agreement (Miller Herman Inc)
Performance. The Company 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 Company it on or before such Closing.
Appears in 28 contracts
Samples: Preferred Stock Purchase Agreement, Preferred Stock Purchase Agreement (Arrowhead Research Corp), Convertible Note Purchase Agreement (Ceres, Inc.)
Performance. The Company shall will have performed and complied in all material respects with all agreements, covenants, agreements, obligations and conditions contained in required by this Agreement that are required to be performed or complied with by the Company on or before such prior to the Closing.
Appears in 20 contracts
Samples: Asset Purchase Agreement (Veri-Tek International, Corp.), Agreement and Plan of Merger (Aftermarket Enterprises, Inc.), Agreement and Plan of Merger (Source Energy Corp /Ut/)
Performance. The Company 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 Company it on or before such the Closing.
Appears in 20 contracts
Samples: Preferred Stock Purchase Agreement (Avantgo Inc), Common Stock Purchase Agreement (Chemdex Corp), Preferred Stock Purchase Agreement (Avantgo Inc)
Performance. The Company 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 Company on or before such the Closing.
Appears in 17 contracts
Samples: Preferred Shares Purchase Agreement (360 Finance, Inc.), Preferred Shares Purchase Agreement (360 Finance, Inc.), Stock Purchase Agreement (TESARO, Inc.)
Performance. The Company 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 Company it on or before such Closingprior to the Closing Date.
Appears in 16 contracts
Samples: Securities Purchase Agreement (Rockwell Medical, Inc.), Securities Purchase Agreement (Cidara Therapeutics, Inc.), Securities Purchase Agreement (Milestone Pharmaceuticals Inc.)
Performance. The Company shall have performed and complied 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 Company on or before such the Closing, including, without limitation, the delivery by the Company of the items contemplated by Section 1.4(a).
Appears in 15 contracts
Samples: Securities Purchase Agreement (Assure Holdings Corp.), Securities Purchase Agreement (Taysha Gene Therapies, Inc.), Securities Purchase Agreement (PLx Pharma Inc.)
Performance. The Company 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 Company it on or before such Closingprior to the Closing Date.
Appears in 15 contracts
Samples: Securities Purchase Agreement (KALA BIO, Inc.), Subscription Agreement (ArTara Therapeutics, Inc.), Securities Purchase Agreement (Intercept Pharmaceuticals, Inc.)
Performance. The Company 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 Company it on or before such Closingthe Closing Date.
Appears in 13 contracts
Samples: Series C Preferred Stock Purchase Agreement (Fulcrum Bioenergy Inc), Form of Subscription Agreement (Immunocore LTD), Common Stock Purchase Agreement (Cytokinetics Inc)
Performance. The Company 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 Company it on or before such Closingprior to the Closing Date.
Appears in 13 contracts
Samples: Subscription Agreement (Korro Bio, Inc.), Subscription Agreement (Mirum Pharmaceuticals, Inc.), Securities Purchase Agreement (MedAvail Holdings, Inc.)
Performance. The Company shall have performed and complied with all All covenants, agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such Closingprior to the Closing Date shall have been performed or complied with.
Appears in 13 contracts
Samples: Preferred Membership Unit Purchase Agreement (FVA Ventures, Inc.), Convertible Preferred Stock Purchase Agreement (Soligen Technologies Inc), Preferred Membership Unit Purchase Agreement (FVA Ventures, Inc.)
Performance. The Company shall have performed and complied with all All covenants, agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by the Company on at or before such Closingprior to the Closing shall have been performed or complied with.
Appears in 12 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Collegium Pharmaceutical, Inc), Convertible Preferred Stock Purchase Agreement (Collegium Pharmaceutical, Inc), Convertible Preferred Stock Purchase Agreement (Collegium Pharmaceutical, Inc)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations agreements and conditions covenants contained in this Agreement that are required to be performed or complied with by the Company it on or before such the date of the Closing.
Appears in 9 contracts
Samples: Repurchase Agreement (FBL Financial Group Inc), Repurchase Agreement (Trinet Group, Inc.), Repurchase Agreement (Validus Holdings LTD)
Performance. The Company shall have performed and complied complied, in all material respects, with all covenantseach agreement, agreements, obligations covenant and conditions contained in obligation required by this Agreement that are required to be so performed or complied with by the Company on at or before such the Closing.
Appears in 8 contracts
Samples: Agreement and Plan of Merger and Reorganization (Knot Inc), Agreement and Plan of Merger (Getty Images Inc), Share Purchase Agreement (Pxre Group LTD)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations agreements and conditions contained in this Agreement that are herein required to be performed or complied with by it prior to or at the Company on or before such ClosingClosing Date.
Appears in 8 contracts
Samples: Stock Purchase Agreement (Synta Pharmaceuticals Corp), Stock Purchase Agreement (Archemix Corp.), Common Stock Purchase and Registration Rights Agreement (Archemix Corp.)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by the Company on prior to or before such at the Closing.
Appears in 8 contracts
Samples: Securities Purchase Agreement (2050 Motors, Inc.), Securities Purchase Agreement (Grover Vikram P), Securities Purchase Agreement (2050 Motors, Inc.)
Performance. The Company shall have performed in all material respects all covenants and complied with all covenants, agreements, obligations and conditions agreements contained in this Agreement that are required to be performed or complied with by the Company on or before such prior to the Closing.
Appears in 7 contracts
Samples: Common Stock Purchase Agreement (N-Able, Inc.), Common Stock Purchase Agreement (Cyclerion Therapeutics, Inc.), Common Stock Purchase Agreement (Cyclerion Therapeutics, Inc.)
Performance. The Company shall have performed and complied with all agreements, covenants, agreements, obligations and conditions contained in this Agreement in all material respects that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 7 contracts
Samples: Stock Purchase Agreement (Hyperion Partners Ii Lp), 1 Stock Purchase Agreement (Transworld Home Healthcare Inc), Stock Purchase Agreement (Transworld Healthcare Inc)
Performance. The Company 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 Company Investor on or before such the Closing.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Hythiam Inc), Securities Purchase Agreement (Catasys, Inc.), Securities Purchase Agreement (Catasys, Inc.)
Performance. The Company shall have performed and complied with with, in all covenantsmaterial respects, agreements, obligations all covenants and conditions contained in agreements required by this Agreement that are required to be performed or complied with by the Company on or before such Closingprior to the Closing Date.
Appears in 6 contracts
Samples: Share Purchase Agreement (Weichai America Corp.), Exchange Agreement (Spotify Technology S.A.), Exchange Agreement (Spotify Technology S.A.)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations of its agreements and conditions covenants contained in this Agreement that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Summit Aviation Partners LLC), Securities Purchase Agreement (Fly Leasing LTD), Securities Purchase Agreement (Summit Aviation Partners LLC)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations agreements and conditions covenants contained in this Agreement that are herein required to be performed or complied with by the Company on it prior to or before at such ClosingClosing Date.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Immediatek Inc), Securities Purchase Agreement (Immediatek Inc), Securities Purchase Agreement (Refocus Group Inc)
Performance. The Company shall have performed and complied in all material respects with all covenantsother conditions, agreements, obligations covenants and conditions agreements contained in this Agreement that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 5 contracts
Samples: Common Stock Purchase Agreement (MEI Pharma, Inc.), Common Stock Purchase Agreement (Intrexon Corp), Purchase Agreement (BBX Capital Corp)
Performance. The Company shall have performed and complied with with, in all covenantsmaterial respects, 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 Company on at or before such the Closing.
Appears in 5 contracts
Samples: Subscription Agreement (Midmark Capital Lp), Preferred Stock Purchase Agreement (Ameriquest Technologies Inc), Subscription Agreement (Vertex Industries Inc)
Performance. The Company 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 Company on or before such Closingthe Closing Date.
Appears in 5 contracts
Samples: Investors Rights Agreement (ECMOHO LTD), Investors Rights Agreement (ECMOHO LTD), Stock Purchase Agreement
Performance. The Company 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 Company on or before such the Initial Closing.
Appears in 5 contracts
Samples: Series B Preferred Stock and Warrant Purchase Agreement (Players Network), Note Purchase Agreement (Colonnade Acquisition Corp. II), Series a Preferred Stock Purchase Agreement (Immunome Inc.)
Performance. The Company shall have performed and complied 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 Company on or before such Closing.
Appears in 5 contracts
Samples: Common Stock Purchase Agreement (Denali Therapeutics Inc.), Common Stock Purchase Agreement (Arcellx, Inc.), Preferred Stock Purchase Agreement (Calithera Biosciences, Inc.)
Performance. The Company 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 Company it on or before such the Initial Closing.
Appears in 5 contracts
Samples: Convertible Note and Series F Preferred Stock Purchase Agreement (Renren Inc.), Note and Warrant Purchase Agreement (Zagg INC), Preferred Stock Purchase Agreement (Planet Zanett Inc)
Performance. The Company and each of its subsidiaries shall have performed and complied in all material respects with all covenants, agreements, obligations conditions and conditions covenants contained in this Agreement that are herein required to be performed or complied with by it prior to or at the Company on or before such Closing, including without limitation the covenants set forth in Section 3.
Appears in 4 contracts
Samples: Put Agreement (Ifx Corp), Put Agreement (Ifx Corp), Put Agreement (Ifx Corp)
Performance. The Company 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 Company it on or before such Closingthe Execution Date.
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (Cytokinetics Inc), Common Stock Purchase Agreement (Cytokinetics Inc), Common Stock Purchase Agreement (Amgen Inc)
Performance. The Company shall have performed and complied with all All the covenants, agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such Closingprior to the Closing Date shall have been performed or complied with in all material respects, and the Company shall have so certified to the Purchaser in writing.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Brandywine Realty Trust), Preferred Stock Purchase Agreement (Ep Medsystems Inc), Preferred Stock Purchase Agreement (Ep Medsystems Inc)
Performance. The Acquired Company shall have performed and complied with all covenants, agreements, obligations agreements and conditions contained in covenants that it is required to perform or comply with pursuant to this Agreement that are required prior to be performed or complied with by the Company on or before such Closing.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Kite Realty Group Trust), Agreement and Plan of Merger (Kite Realty Group Trust), Agreement and Plan of Merger (Kite Realty Group Trust)
Performance. The Company shall have performed and complied with all covenantseach agreement, agreements, obligations covenant and conditions contained in obligation required by this Agreement that are required to be so performed or complied with by the Company on it in all material respects at or before such the Closing.
Appears in 4 contracts
Samples: Repurchase Agreement (Chan Ling Siu), Repurchase Agreement (China Biologic Products, Inc.), Redemption Agreement (China Biologic Products, Inc.)
Performance. The Company 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 Company on or before such Closing.
Appears in 4 contracts
Samples: Preferred Stock Purchase Agreement (Capstone Therapeutics Corp.), Membership Unit Purchase Agreement (Isun, Inc.), Note and Warrant Purchase Agreement (Stronghold Digital Mining, Inc.)
Performance. The Company shall have performed and complied with with, in all covenantsmaterial respects, 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 Company on it at or before such the Closing.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Netgateway Inc), Agreement and Plan of Merger (Galaxy Enterprises Inc /Nv/), Agreement and Plan of Merger (Netgateway Inc)
Performance. The Company 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 Company it on or before such the First Closing.
Appears in 4 contracts
Samples: Voting Agreement (WhiteSmoke, Inc.), Preferred Stock Purchase Agreement (Simplex Solutions Inc), Preferred Stock Purchase Agreement (Bluebook International Holding Co)
Performance. The Company 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 Company on or before such the Closing and shall have delivered the Transaction Documents as of each Closing.
Appears in 4 contracts
Samples: Preferred Unit Purchase Agreement (Learn SPAC HoldCo, Inc.), Class B Preferred Unit Purchase Agreement (Learn SPAC HoldCo, Inc.), Limited Liability Company Agreement (Learn SPAC HoldCo, Inc.)
Performance. The Company 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 Company on or before such each Closing.
Appears in 4 contracts
Samples: Series B Preferred Stock Purchase Agreement (Anterios Inc), Preferred Stock Purchase Agreement (Anterios Inc), Preferred Stock Purchase Agreement (Anterios Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations obligations, covenants and conditions contained in this Agreement that are required to be performed or complied with by the Company on it at or before such the Closing.
Appears in 4 contracts
Samples: Series E Preferred Stock Purchase Agreement (Roka BioScience, Inc.), Series E Preferred Stock and Warrant Purchase Agreement (Roka BioScience, Inc.), Series E Preferred Stock Purchase Agreement (Roka BioScience, Inc.)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in this Agreement that are covenants required herein to be performed or complied with by the Company it on or before such the Closing.
Appears in 4 contracts
Samples: Agreement of Merger (Cenex Harvest States Cooperatives), Agreement of Merger (Avant Corp), Agreement of Merger (Oracle Corp /De/)
Performance. The Company 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 Company it on or before such the Second Closing.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Versicor Inc /Ca), Stock Purchase Agreement (Versicor Inc /Ca), Preferred Stock Purchase Agreement (Bluebook International Holding Co)
Performance. The Company shall have performed and complied with ----------- all covenants, agreements, obligations and conditions contained in this Agreement and the Related Agreements that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 4 contracts
Samples: Preferred Stock Purchase Agreement (Petopia Com Inc), Preferred Stock Purchase Agreement (Petopia Com Inc), Preferred Stock Purchase Agreement (Petopia Com Inc)
Performance. The Company 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 Company it on or before such Closing.
Appears in 4 contracts
Samples: Series a Preferred Stock Purchase Agreement (IntelliHome, Inc.), Series a Preferred Stock Purchase Agreement (IntelliHome, Inc.), Securities Purchase Agreement (IntelliHome, Inc.)
Performance. The Company 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 Company it on or before such Closingthe Agreement Date or the Initial Closing Date, as applicable.
Appears in 4 contracts
Samples: Convertible Notes Purchase Agreement (Uber Technologies, Inc), Convertible Notes Purchase Agreement (Uber Technologies, Inc), Convertible Notes Purchase Agreement (Uber Technologies, Inc)
Performance. The Company shall have performed in all material respects and materially complied with each and all covenants, agreements, obligations of its covenants and conditions agreements contained in this Agreement that are required to be performed or complied with by the Company it on or before such Closingthe Closing Date.
Appears in 3 contracts
Samples: Securities Transfer Agreement (Signal Apparel Company Inc), Securities Transfer Agreement (Signal Apparel Company Inc), Subscription and Stock Purchase Agreement (Signal Apparel Company Inc)
Performance. The Company 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 Company on or before such Closing.
Appears in 3 contracts
Samples: Series E Preferred Stock Purchase Agreement (Glowpoint, Inc.), Investment Agreement (Five Below, Inc), Series E Preferred Stock Purchase Agreement (XpresSpa Group, Inc.)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in this Agreement and the other Transaction Documents that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 3 contracts
Samples: Share Subscription Agreement (Tencent Music Entertainment Group), Share Subscription Agreement (Tencent Music Entertainment Group), Share Subscription Agreement
Performance. The Company shall have performed and materially complied with all covenants, agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before prior to the Closing and at such Closingtime the Company shall not be in default in the performance of or compliance with any of the provisions of this Agreement.
Appears in 3 contracts
Samples: Preferred Stock and Warrant Purchase Agreement (Holzer Ronald H), Preferred Stock and Warrant Purchase Agreement (J2 Communications /Ca/), Preferred Stock and Warrant Purchase Agreement (Holzer Ronald H)
Performance. The Company 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 Company it on or before such the Closing.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Onvia Com Inc), Preferred Stock Purchase Agreement (Onvia Com Inc), Preferred Stock Purchase Agreement (Onvia Com Inc)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations agreements and conditions covenants contained in this Agreement that are herein required to be performed or complied with by it prior to or at the Company on or before such ClosingClosing Date.
Appears in 3 contracts
Samples: Series B Preferred Stock Purchase Agreement (Heat Biologics, Inc.), Stock Purchase Agreement (Middlefield Banc Corp), Subscription Agreement (Gulfwest Energy Inc)
Performance. The Company Members and the Companies shall have performed and complied with all covenants, agreements, obligations obligations, covenants and conditions contained in required by this Agreement that are required to be so performed or complied with by the Company on Members and the Companies at or before such prior to the Closing.
Appears in 3 contracts
Samples: Membership Interest Purchase Agreement (Fortress America Acquisition CORP), Membership Interest Purchase Agreement (Fortress America Acquisition CORP), Membership Interest Purchase Agreement (Fortress America Acquisition CORP)
Performance. The Company 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 Company it on or before such Closingthe Closing and shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.
Appears in 3 contracts
Samples: Ordinary Share Purchase Agreement (Stealth BioTherapeutics Corp), Ordinary Share Purchase Agreement (Stealth BioTherapeutics Corp), Ordinary Share Purchase Agreement (Stealth BioTherapeutics Corp)
Performance. The Company shall have performed and complied with with, in all covenantsmaterial respects, 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 Company on at or before such Closingthe Closing Date.
Appears in 3 contracts
Samples: Sokol Subscription Agreement (Midamerican Energy Holdings Co /New/), Sokol David L, Sokol David L
Performance. The covenants and obligations that the Company is required to comply with or to perform pursuant to this Agreement at or prior to the Amendment Time shall have performed and been complied with and performed in all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such Closingmaterial respects.
Appears in 3 contracts
Samples: Convertible Note Amendment Agreement (Verenium Corp), Senior Secured Convertible Note Amendment Agreement and Waiver (Enerpulse Technologies, Inc.), Subordinated Senior Secured Convertible Note Amendment Agreement and Waiver (Enerpulse Technologies, Inc.)
Performance. The Company shall have performed and complied in all material respects with all covenantsother conditions, agreements, obligations covenants and conditions agreements contained in this Agreement that are required to be performed or complied with by the Company it on or before such the applicable Closing.
Appears in 3 contracts
Samples: Confidential Treatment Requested (Ultragenyx Pharmaceutical Inc.), Confidential Treatment Requested (Ultragenyx Pharmaceutical Inc.), Common Stock Purchase Agreement (XOMA Corp)
Performance. The Company 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 Company it on or before such each Closing.
Appears in 3 contracts
Samples: Debenture and Warrant Purchase Agreement (Airbee Wireless, Inc.), Note and Warrant Purchase Agreement (Strategic Gaming Investments, Inc.), Common Stock Purchase Agreement (Cytokinetics Inc)
Performance. The Company shall have performed and complied with all All covenants, agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by the Company on at or before such Closingprior to the Closing shall have been performed or complied with by the Company.
Appears in 3 contracts
Samples: Convertible Preferred Stock Repurchase Agreement (Cahill Edward L), Convertible Preferred Stock Repurchase Agreement (Occupational Health & Rehabilitation Inc), Convertible Preferred Stock Repurchase Agreement (Venture Capital Fund of New England Iii Lp)
Performance. The Company Corporation 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 Company it on or before such the Closing.
Appears in 3 contracts
Samples: Series a Preferred Stock Purchase Agreement (KonaRed Corp), Series a Preferred Stock Purchase Agreement (Willsey Gregory Thomas), Series B Preferred Stock Purchase Agreement (KonaRed Corp)
Performance. The Company shall have performed and complied with all All covenants, agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before prior to the Closing shall have been performed or complied with in all material respects and at such Closingtime the Company shall not be in default in the performance of or compliance with any of the provisions of this Agreement or of the Restated Certificate.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Century Electronics Manufacturing Inc), Preferred Stock Purchase Agreement (Century Electronics Manufacturing Inc), Preferred Stock Purchase Agreement (Century Electronics Manufacturing Inc)
Performance. The Company 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 Company it pursuant to this Agreement on or before such Closingprior to the Closing Date.
Appears in 3 contracts
Samples: Securities Purchase Agreement (FinTech Acquisition Corp), Securities Purchase Agreement (FinTech Acquisition Corp), Series a Preferred Stock Purchase Agreement (Pacific Oak Residential Trust, Inc.)
Performance. The Company 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 Company it on or before such Closingthe Closing and the Company shall have obtained any and all consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by the Agreements.
Appears in 3 contracts
Samples: Series E Preferred Stock Purchase Agreement (Drugstore Com Inc), Stock Purchase Agreement (Drugstore Com Inc), Preferred Stock Purchase Agreement (Drugstore Com Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement the Transaction Documents that are required to be performed or complied with by the Company on or before such the Closing.
Appears in 3 contracts
Samples: Senior Note and Warrant Purchase Agreement (Coupon Express, Inc.), And Warrant Purchase Agreement (Coupon Express, Inc.), And Warrant Purchase Agreement (Psi Corp)
Performance. The Company 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 Company on or before such Closingin all material respects.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Dynamic Leisure Corp), Common Stock Purchase Agreement (Dynamic Leisure Corp), Common Stock Purchase Agreement (Dynamic Leisure Corp)
Performance. The Company shall have performed and complied with all agreements, covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Afem Medical Corp), Stock Purchase Agreement (Maxwell Technologies Inc), Stock Purchase Agreement (99 Cents Only Store)
Performance. The Company 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 Company on or before such the Closing.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Pointe Communications Corp), Preferred Stock Purchase Agreement (Tenfold Corp /Ut)
Performance. The Company 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 or by the Company it on or before such the Closing.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Redback Networks Inc), Preferred Stock Purchase Agreement (Limelight Networks, Inc.)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in this Agreement and the Merger Agreement that are required to be performed or complied with by the Company it on or before such Closingprior to the Closing Date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Myos Rens Technology Inc.), Securities Purchase Agreement (Myos Rens Technology Inc.)
Performance. The Company 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 Company on or before such the Second Tranche Closing.
Appears in 2 contracts
Samples: Series D Preferred Stock Purchase Agreement (Proteon Therapeutics Inc), Series D Preferred Stock Purchase Agreement (Proteon Therapeutics Inc)
Performance. The Company shall have performed all obligations and complied in all material respects with all covenants, agreements, obligations and conditions contained in this Agreement that are required agreements or covenants to be performed or complied with by the Company on or before such Closing.it under this Agreement;
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Michael Foods Inc /Mn), Agreement and Plan of Merger (PrimeWood, Inc.)
Performance. The Company 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 Company on or before such the Closing. For the purpose of clarity, the performance of the covenants of the Company made under Section 6 is not the conditions to the Purchaser’s obligations at Closing under this Section 4.
Appears in 2 contracts
Samples: Preferred Shares Purchase Agreement (360 Finance, Inc.), Preferred Shares Purchase Agreement (360 Finance, Inc.)
Performance. The Company shall have performed and complied with ----------- all covenants, agreements, obligations obligations, covenants and conditions contained in this Agreement and the Additional Agreements that are required to be performed or complied with by the Company on at or before such the Closing.
Appears in 2 contracts
Samples: Series a Subscription Agreement (General Electric Capital Corp), Subscription Agreement (Net2phone Inc)
Performance. The Company shall have performed and complied with all covenantsother conditions, agreements, obligations covenants and conditions agreements contained in this Agreement that are required to be performed or complied with by the Company it on or before such Subsequent Closing.
Appears in 2 contracts
Samples: Subscription Agreement (Essent Group Ltd.), Subscription Agreement (Essent Group Ltd.)
Performance. The Company 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 Company on or before such prior to the Closing.
Appears in 2 contracts
Samples: Class D Preferred Unit Purchase Agreement (Walgreens Boots Alliance, Inc.), Purchase Agreement (Walgreens Boots Alliance, Inc.)
Performance. The Company shall have performed and complied with all All covenants, agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such Closingprior to each Closing Date shall have been performed or complied with by the Company in all material respects.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Amacore Group, Inc.), Securities Purchase Agreement (Amacore Group, Inc.)
Performance. The Company shall have performed and complied with all All covenants, agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such Closingprior to the applicable closing shall have been performed or complied with and the Company shall not be in default in the performance of or compliance with any provisions of this Agreement.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Specialized Health Products International Inc), Preferred Stock Purchase Agreement (Galen Partners Iii L P)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are is required to be performed or complied with by the Company it on or before such Closingthe Closing and, except as set forth in Section 2.6, the Company shall have obtained any and all consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by the Agreement and the Agreements.
Appears in 2 contracts
Samples: Convertible Preferred Stock (Voyager Group Usa-Brazil LTD), Preferred Stock Purchase Agreement (Voyager Group Inc/Ca/)
Performance. The Company 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 Company it on or before such Closing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Genome Therapeutics Corp), Stock Purchase Agreement (Genome Therapeutics Corp)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement the Loan Agreements that are required to be performed or complied with by the Company on prior to or before such at the applicable Closing.
Appears in 2 contracts
Samples: Convertible Note Purchase Agreement (Sunshine Silver Mining & Refining Corp), Convertible Note Purchase Agreement (Sunshine Silver Mining & Refining Corp)
Performance. The Company 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 Company on or before such the Third Tranche Closing.
Appears in 2 contracts
Samples: Series D Preferred Stock Purchase Agreement (Proteon Therapeutics Inc), Series D Preferred Stock Purchase Agreement (Proteon Therapeutics Inc)
Performance. The Company 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 Company it on or before such each Closing.
Appears in 2 contracts
Samples: Senior Note Purchase Agreement (Aradigm Corp), Senior Note Purchase Agreement (Aradigm Corp)
Performance. The Company shall have performed and or complied with in all covenants, agreements, obligations material respects all agreements and conditions contained in this Agreement that are covenants required to be performed or complied with by it under this Agreement at or prior to the Company on or before such Initial Closing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (CohBar, Inc.), Stock Purchase Agreement (CohBar, Inc.)
Performance. The Company shall have performed and or complied with in all covenants, agreements, obligations material respects all agreements and conditions contained in this Agreement that are covenants required to be performed or complied with by it under this Agreement at or prior to the Company on or before such Second Closing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (CohBar, Inc.), Stock Purchase Agreement (CohBar, Inc.)
Performance. The Company shall have performed performed, satisfied and complied with all covenants, agreements, obligations agreements and conditions contained in required by this Agreement that are required to be performed performed, satisfied or complied with by the Company them on or before such Closingthe Closing Date.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Eckler Industries Inc), Merger Agreement (Eckler Industries Inc)
Performance. The Company Firma shall have performed performed, satisfied, and complied with all covenants, agreements, obligations and conditions contained in required by this Agreement that are required to be performed or complied with by the Company it, on or before such Closingthe closing. Firma shall have obtained all necessary consents and approvals necessary to consummate the transactions contemplated hereby.
Appears in 2 contracts
Samples: Agreement (Firma Holdings Corp.), Agreement (Firma Holdings Corp.)
Performance. The Company shall have performed and complied in all material respects with all covenantscovenants and agreements contained herein and received any and all consents, agreements, obligations and conditions contained approvals or waivers necessary in this Agreement that are order to complete the transactions required to be performed or complied with by it or prior to or at the Company on or before such Closing.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Semx Corp), Preferred Stock Purchase Agreement (Act Capital America Fund Lp)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement and in the other Transaction Documents that are required to be performed or complied with by the Company such entity on or before such the Closing.
Appears in 2 contracts
Samples: Convertible Note and Warrant (Patient Safety Technologies, Inc), Secured Convertible Note and Warrant (Patient Safety Technologies, Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Purchase Agreement that are required to be performed or complied with by the Company it on or before such Closing.
Appears in 2 contracts
Samples: Convertible Debenture Purchase Agreement, Convertible Debenture Purchase Agreement
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement and the Transaction Agreements that are required to be performed or complied with by the Company it on or before such Closingeach Subsequent Closing Date.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Millennium Cell Inc), Stock Purchase Agreement (Millennium Cell Inc)
Performance. The Company shall have performed and complied with all covenantsother conditions, agreements, obligations covenants and conditions agreements contained in this Agreement that are required to be performed or complied with by the Company it on or before such the New Investor Closing.
Appears in 2 contracts
Samples: Subscription Agreement (Essent Group Ltd.), Subscription Agreement (Essent Group Ltd.)
Performance. The Company 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 Company on or before such applicable Closing.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement, Common Stock Purchase Agreement
Performance. The Company shall have performed all obligations and complied with all covenants, agreements, obligations and conditions contained in covenants required by this Agreement that are required to be performed or complied with by the Company on or before prior to the date of such Closingadditional advance.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc), Note and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc)
Performance. The Company shall have performed and complied with all covenants, undertakings, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on it at or before such the Closing.
Appears in 2 contracts
Samples: Convertible Promissory Note Purchase Agreement (500.com LTD), Convertible Promissory Note Purchase Agreement (500.com LTD)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations agreements and conditions contained in this Agreement that are required herein to be performed or complied with by the Company on prior to or before at such Closingsubsequent closing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Neutral Tandem Inc), Stock Purchase Agreement (Neutral Tandem Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations obligations, covenants and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Combichem Inc), Investors' Rights Agreement (Combichem Inc)
Performance. The Company and its management shall have performed and ----------- complied with all covenants, agreements, obligations and conditions contained in this the Agreement or in any agreement, document or other instrument entered into or prepared pursuant hereto that are required to be performed or complied with by the Company on or before such the Closing.
Appears in 2 contracts
Samples: Subscription Agreement (Aurora Gold Corp), Subscription Agreement (Aurora Gold Corp)
Performance. The Company 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 Company it on or before such Closingthe First Closing Date.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Millennium Cell Inc), Stock Purchase Agreement (Millennium Cell Inc)
