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 113 contracts
Sources: Series a Preferred Stock Purchase Agreement (Focus Universal Inc.), Convertible Note Purchase Agreement (CIMG Inc.), Series Seed Preferred Stock Purchase Agreement (Celularity 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 83 contracts
Sources: Share Subscription Agreement (Obook Holdings Inc.), Share Subscription Agreement (Obook Holdings Inc.), Recapitalization and Exchange 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 Closing.
Appears in 62 contracts
Sources: Convertible Note Purchase Agreement (ASP Isotopes Inc.), Series a Preferred Stock Purchase Agreement (Promicell, Inc.), Stock Purchase Agreement (Alopexx, 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
Sources: Stock Repurchase Agreement (L Brands, Inc.), Subscription Agreement (Black Elk Energy Offshore Operations, LLC), Stock Repurchase Agreement (Esterline Technologies 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 Closing.
Appears in 29 contracts
Sources: Stock and Warrant Purchase Agreement (Winc, Inc.), Stock Purchase Agreement, Series a Preferred Share Purchase Agreement (Biohaven Pharmaceutical Holding Co 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 it on or before such the Closing.
Appears in 20 contracts
Sources: Joint Venture Agreement (Chemdex Corp), Series a Preferred Stock Purchase Agreement (Avantgo Inc), Series D Preferred Stock Purchase Agreement (Avantgo 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 18 contracts
Sources: Common Stock Purchase Agreement (Exicure, Inc.), Common Stock Purchase Agreement (Exicure, Inc.), Common Stock Purchase Agreement (Exicure, 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 18 contracts
Sources: Subscription Agreement (Mirum Pharmaceuticals, Inc.), Subscription Agreement (Mirum Pharmaceuticals, Inc.), Subscription Agreement (Ikena Oncology, 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 18 contracts
Sources: Series C Preferred Stock Exchange Agreement (Eastman Kodak Co), Merger Agreement (IMARA Inc.), Series a Preferred Stock Repurchase and Exchange Agreement (Eastman Kodak 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 it on or before such Closingprior to the Closing Date.
Appears in 17 contracts
Sources: Securities Purchase Agreement (KALA BIO, Inc.), Securities Purchase Agreement (KALA BIO, Inc.), Securities Purchase Agreement (KALA BIO, 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
Sources: Securities Purchase Agreement (Oasis Management Co Ltd.), Securities Purchase Agreement (Nam Tai Property Inc.), Securities Purchase Agreement (Rockwell 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 it on or before such Closingthe Closing Date.
Appears in 15 contracts
Sources: Common Stock Option Purchase Agreement (Cytokinetics Inc), Subscription Agreement (LumiraDx LTD), Common Stock Purchase Agreement (Eiger BioPharmaceuticals, 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 13 contracts
Sources: Series a Convertible Preferred Stock Purchase Agreement, Series D Convertible Preferred Stock Purchase Agreement (Collegium Pharmaceutical, Inc), Series B Convertible Preferred Stock Purchase Agreement (Collegium Pharmaceutical, 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 9 contracts
Sources: Exchange Agreement, Exchange Agreement, Exchange Agreement (Spotify Technology S.A.)
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
Sources: Collaborative Research and License Agreement (Nitromed Inc), Common Stock Purchase and Registration Rights Agreement (Archemix Corp.), Collaboration and License Agreement (Nuvelo 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
Sources: Stock Purchase Agreement (Hecht Peter M), Subscription Agreement (Esports Technologies, Inc.), Common Stock Purchase Agreement (N-Able, Inc.)
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
Sources: Securities Purchase Agreement (Refocus Group Inc), Securities Purchase Agreement (Radical Holdings Lp), Securities Purchase Agreement (Refocus Group 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 in all respects on or before such the Closing.
Appears in 6 contracts
Sources: Share Purchase Agreement (Toppoint Holdings Inc.), Share Purchase Agreement (Toppoint Holdings Inc.), Preferred Stock Purchase Agreement (ASP Isotopes 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
Sources: Securities Purchase Agreement (Catasys, Inc.), Securities Purchase Agreement (Catasys, Inc.), Securities Purchase Agreement (Catasys, 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 6 contracts
Sources: Convertible Note and Series F Preferred Stock Purchase Agreement, Convertible Note and Series F Preferred Stock Purchase Agreement (Renren Inc.), Note and Warrant Purchase Agreement (Zagg 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
Sources: Stock Purchase Agreement, Stock Purchase Agreement, Share Subscription Agreement (ECMOHO LTD)
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 such ClosingClosing Date shall have been performed or complied with by the Company in all material respects.
Appears in 5 contracts
Sources: Securities Purchase Agreement (Net TALK.COM, Inc.), Securities Purchase Agreement (OptimizeRx Corp), Securities Purchase Agreement (Net TALK.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 on or before such the Initial Closing.
Appears in 5 contracts
Sources: Note Purchase Agreement (Colonnade Acquisition Corp. II), Note Purchase Agreement (Redaptive, Inc.), Convertible Note Purchase Agreement (Redaptive, Inc.)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations 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 4 contracts
Sources: Note Purchase Agreement (Super League Enterprise, Inc.), Note Purchase Agreement (Super League Enterprise, Inc.), Option Agreement (Grown Rogue International 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
Sources: Note and Warrant Purchase Agreement (Stronghold Digital Mining, Inc.), Membership Unit Purchase Agreement (Isun, Inc.), Preferred Stock Purchase Agreement (Capstone Therapeutics Corp.)
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
Sources: Put Agreement (Ifx Corp), Put Agreement (Ifx Corp), Put Agreement (Ifx Corp)
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
Sources: Merger Agreement (Avant Corp), Merger Agreement (Oracle Corp /De/), Merger Agreement (Sparta Foods 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 and shall have delivered the Transaction Documents as of each Closing.
Appears in 4 contracts
Sources: Class B Preferred Unit Purchase Agreement (Learn SPAC HoldCo, Inc.), Class D Preferred Unit Purchase Agreement (Learn SPAC HoldCo, Inc.), Class B Preferred Unit Purchase Agreement (Learn SPAC HoldCo, 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 4 contracts
Sources: Share Subscription Agreement, Share Subscription Agreement (Tencent Music Entertainment Group), Share Subscription Agreement (Tencent Music Entertainment Group)
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
Sources: Series a Preferred Stock Purchase Agreement (Petopia Com Inc), Series D Preferred Stock Purchase Agreement (Petopia Com Inc), Series C 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 Purchase Agreement that are required to be performed or complied with by the Company it on or before such Closing.
Appears in 4 contracts
Sources: Convertible Debenture Purchase Agreement, 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 that are required to be performed or complied with by the Company it on or before such Closing.
Appears in 4 contracts
Sources: Series a Preferred Stock Purchase Agreement (IntelliHome, Inc.), Securities Purchase Agreement (IntelliHome, Inc.), Securities Purchase Agreement (IntelliHome, 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
Sources: Series B Preferred Stock Purchase Agreement (WhiteSmoke, Inc.), Series E Preferred Stock Agreement (Simplex Solutions Inc), Series C Convertible Redeemable 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 each Closing.
Appears in 4 contracts
Sources: Series B 2 Preferred Stock Purchase Agreement (Anterios Inc), Series B Preferred Stock Purchase Agreement (Anterios Inc), Series B 2 Preferred Stock Purchase Agreement (Anterios 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 Second Closing.
Appears in 4 contracts
Sources: Collaborative Research and License Agreement (Versicor Inc /Ca), Collaborative Research and License Agreement (Versicor Inc /Ca), Series C Convertible Redeemable 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 it on or before such Closingthe Execution Date.
Appears in 4 contracts
Sources: 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 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 respects.
Appears in 4 contracts
Sources: Stock Repurchase Agreement (Sealed Air Corp/De), Stock Repurchase and Offering Agreement (DST Systems Inc), Series a Preferred Stock Purchase Agreement (Aether Systems 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
Sources: Merger Agreement (Kite Realty Group Trust), Merger Agreement (Kite Realty Group Trust), Merger Agreement (Kite Realty Group Trust)
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 3 contracts
Sources: Series C Preferred Stock and Convertible Note Purchase Agreement (Drugstore Com Inc), Series B Preferred Stock Purchase Agreement (Drugstore Com Inc), Series D Preferred Stock Purchase Agreement (Preview Systems 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 shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.
Appears in 3 contracts
Sources: 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 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
Sources: Series a Convertible Preferred Stock Repurchase Agreement (Venture Capital Fund of New England Iii Lp), Series a Convertible Preferred Stock Repurchase Agreement (Cahill Edward L), Series a Convertible Preferred Stock Repurchase Agreement (Occupational Health & Rehabilitation Inc)
Performance. The Company shall have performed and complied with all covenants, of the agreements, obligations covenants and conditions contained in this Agreement that are required to be performed or complied with by it at or prior to the Closing, and the Purchasers shall have received a certificate dated as of such Closing and signed on behalf of the Company on or before such Closingto that effect.
Appears in 3 contracts
Sources: Stock Purchase Agreement (Lecroy Corp), Stock Purchase Agreement (CVC Inc), Stock Purchase Agreement (Lecroy Corp)
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
Sources: Cumulative Convertible Senior Note and Warrant Purchase Agreement (Coupon Express, Inc.), Cumulative Convertible Senior Note and Warrant Purchase Agreement (Coupon Express, Inc.), Cumulative Convertible Senior Note and Warrant Purchase Agreement (Psi Corp)
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
Sources: Series a Preferred Stock Purchase Agreement (KonaRed Corp), Series B Preferred Stock Purchase Agreement (KonaRed Corp), Series a Preferred Stock Purchase Agreement (Willsey Gregory Thomas)
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
Sources: 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 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 3 contracts
Sources: Merger Agreement (Adam Inc), Investment Agreement (Lund International Holdings Inc), Investment Agreement (Lih Holdings LLC)
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
Sources: Senior Subordinated Secured Convertible Note Amendment Agreement (Enerpulse Technologies, Inc.), Senior Secured Convertible Note Amendment Agreement (Enerpulse Technologies, Inc.), Convertible Note Amendment Agreement (Verenium 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 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
Sources: Stock Purchase Agreement (Drugstore Com Inc), Series E Preferred 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 that are required to be performed or complied with by the Company on or before such Closingin all material respects.
Appears in 3 contracts
Sources: Common Stock Purchase Agreement (Dynamic Leisure Corp), Common Stock Purchase Agreement (Dynamic Leisure Corp), Common Stock Purchase Agreement (Dynamic Leisure Corp)
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 3 contracts
Sources: Subscription Agreement, 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 the Agreements that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 2 contracts
Sources: Series a Preferred Share Purchase Agreement, Series a Preferred Share Purchase Agreement (Bakbone Software Inc)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, covenants and 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
Sources: Share Purchase Agreement (Steakholder Foods Ltd.), Share Purchase Agreement (XTL Biopharmaceuticals LTD)
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
Sources: Secured Convertible Note and Warrant Purchase Agreement (Patient Safety Technologies, Inc), Secured Convertible Note and Warrant Purchase Agreement (Patient Safety Technologies, Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement and the Asset Purchase Agreement that are required to be performed by or complied with by the Company it on or before such Closing.
Appears in 2 contracts
Sources: Asset Purchase and Sale Agreement (Prometheus Laboratories Inc), Asset Purchase and Sale Agreement (Prometheus Laboratories 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 or complied with by the Company it, on or before such the Closing Date, and the representations and warranties contained herein shall be true and correct as of the Closing.
Appears in 2 contracts
Sources: Share Exchange Agreement (Jupiter Marine International Holdings Inc/Fl), Stock Purchase Agreement (Logica 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 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 its Articles of Incorporation.
Appears in 2 contracts
Sources: Preferred Stock Purchase and Option Agreement (Travelers Group Inc), Preferred Stock Purchase and Option Agreement (Imc Mortgage Co)
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
Sources: 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 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
Sources: Subscription Agreement (General Electric Capital Corp), Series a Subscription Agreement (Net2phone Inc)
Performance. The Company 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 Date.
Appears in 2 contracts
Sources: Acquisition Agreement (Imtek Office Soultions Inc), Shareholder Agreement (Imtek Office Solutions 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 such Parties at or before such the Closing.
Appears in 2 contracts
Sources: Merger Agreement (Idi Global Inc), Merger Agreement (Bennion Corp)
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
Sources: 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 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 2 contracts
Sources: Joinder Agreement, Joinder Agreement (Opko Health, 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 in all respects on or before such the Initial Closing and/or the Subsequent Closing, as applicable.
Appears in 2 contracts
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
Sources: 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 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
Sources: 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 Subsequent Closing.
Appears in 2 contracts
Sources: Class a Common Share Subscription Agreement (Essent Group Ltd.), Class a Common Share 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 its covenants in this Agreement that are required to be performed prior to or complied with by at the Company on or before such Closing.
Appears in 2 contracts
Sources: Merger Agreement (Veeco Instruments Inc), Merger Agreement (Veeco Instruments 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
Sources: Securities Purchase Agreement (Amacore Group, Inc.), Securities Purchase Agreement (Amacore Group, 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 applicable Closing.
Appears in 2 contracts
Sources: Common Stock Purchase Agreement, Common 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 it on or before such the Closing.
Appears in 2 contracts
Sources: Series a Preferred Stock Purchase Agreement (General Finance CORP), Series a Preferred Stock Purchase Agreement (General Finance 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 Closing.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Pointe Communications Corp), Series B Preferred Stock Purchase Agreement (Tenfold Corp /Ut)
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
Sources: Stock Purchase Agreement (Neutral Tandem Inc), Stock Purchase Agreement (Neutral Tandem Inc)
Performance. The Company shall will have performed in all material respects all of the covenants and complied with all covenants, agreements, obligations and conditions contained agreements set forth in this Agreement that are expressly required to be performed by it at or complied with prior to the Closing, and will have obtained all consents and approvals required to be obtained by the Company on or before such Closingfor the consummation of the transactions contemplated by this Agreement.
Appears in 2 contracts
Sources: Preferred Redemption Agreement (Skyterra Communications Inc), Investment Agreement (Rare Medium Group Inc)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, covenants and obligations and conditions contained in under this Agreement that which are required to be performed or complied with by the Company on or before such Closingprior to the Closing Date, and the Company shall have delivered the certificate to that effect which is described in Section 2.3(a)(iv) above.
Appears in 2 contracts
Sources: Subscription Agreement (Spotless Group LTD), Subscription Agreement (Windswept Environmental Group 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 ClosingAdvance.
Appears in 2 contracts
Sources: Credit Facility Agreement (Marrone Bio Innovations Inc), Credit Facility Agreement (Marrone Bio Innovations Inc)
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 such Closing.prior to the Closing Date;
Appears in 2 contracts
Sources: Asset Purchase Agreement (Signature Eyewear Inc), Stock Tender and Exchange Agreement (Sitestar Corp)
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 such at the Initial Closing.
Appears in 2 contracts
Sources: 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 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
Sources: Stock Purchase Agreement (Millennium Cell Inc), Stock Purchase Agreement (Millennium Cell Inc)
Performance. The Company shall have performed and complied complied, in all material respects, with all covenants, agreements, obligations each 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 2 contracts
Sources: Merger Agreement (Oddity Tech LTD), Merger Agreement (Oddity Tech 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 Closing.
Appears in 2 contracts
Sources: Investor Repurchase Agreement (Airnet Technology Inc.), Investor Repurchase Agreement (Guo Man)
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
Sources: 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, agreementsAgreement, 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
Sources: Stock Purchase Agreement (Anchorage International Holdings Corp.), Stock Purchase Agreement (Anchorage International Holdings Corp.)
Performance. The Company Each of the Group Companies and the Controlling Shareholders 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 it on or before such Closingprior to the Closing Date under this Agreement or any other Transaction Documents.
Appears in 2 contracts
Sources: Share Subscription Agreement, Share Subscription Agreement (Concord Medical Services Holdings LTD)
Performance. The Company shall in all material respects have performed and or complied with all covenants, agreements, obligations agreements and conditions contained in covenants required by this Agreement that are required to be performed or complied with by it on or prior to the Closing Date, and the Company on or before Closing Certificate shall include a provision to such Closingeffect.
Appears in 2 contracts
Sources: Merger Agreement (Fifth Wall Acquisition Corp. I), Merger Agreement (Motion Acquisition Corp.)
Performance. The Company shall have performed performed, satisfied and complied in all material respects 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 it at or prior to the Company on Option Closing, including, without limitation, delivering or before such Closing.causing the delivery of those items required to be delivered pursuant to Section 2.04(a);
Appears in 2 contracts
Sources: Spectrum Contribution Agreement (Terrestar Corp), Spectrum Contribution Agreement (Harbinger Capital Partners Master Fund I, Ltd.)
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
Sources: Stock Purchase Agreement (Combichem Inc), Series D Preferred Stock Purchase Agreement (Combichem 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 shall have been performed or complied with in all material respects and the Company shall not be in default in the performance of or compliance with any provisions of this Agreement.
Appears in 2 contracts
Sources: Series a Preferred Stock Purchase Agreement (Ivy Orthopedic Partners LLC), Series a Preferred Stock Purchase Agreement (Galen Partners Iii L P)
Performance. The Company shall have performed and complied with all covenantsother conditions, agreements, obligations covenants and conditions agreements contained in this the Existing Subscription Agreement that are required to be performed or complied with by the Company it on or before such the Initial Closing.
Appears in 2 contracts
Sources: Class a Common Share Subscription Agreement (Essent Group Ltd.), Class a Common Share Subscription Agreement (Essent Group Ltd.)
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 at or before the Closing, and the Company shall have delivered a certificate to the Sellers, dated the Closing Date, to such Closingeffect.
Appears in 2 contracts
Sources: Share Purchase Agreement (GCL Silicon Technology Holdings Inc.), Share Purchase Agreement (GCL Silicon Technology Holdings 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
Sources: Acquisition Agreement (Firma Holdings Corp.), Acquisition Agreement (Firma Holdings Corp.)
Performance. The Company shall have performed and complied ----------- 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 ClosingClosing Date.
Appears in 2 contracts
Sources: Convertible Debenture Purchase Agreement (Right Start Inc /Ca), Convertible Debenture Purchase Agreement (Right Start Inc /Ca)
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
Sources: Class a Common Share Subscription Agreement (Essent Group Ltd.), Class a Common Share 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 the First Closing.
Appears in 2 contracts
Sources: Series B Convertible Preferred Stock Purchase Agreement, Series B Convertible Preferred Stock Purchase Agreement (Poniard Pharmaceuticals, Inc.)
Performance. The That Company shall have performed and complied in all material respects with all covenants, agreements, obligations of the covenants and conditions agreements contained in this Agreement that are required to be performed or complied with by it as of or prior to the Company on or before such Closing.
Appears in 2 contracts
Sources: Common Stock Purchase Agreement (Centuri Holdings, Inc.), Common Stock Purchase Agreement (Icahn Carl C)
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
Sources: 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 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 Note Closing.
Appears in 2 contracts
Sources: Convertible Note and Series F Preferred Stock Purchase Agreement, Convertible Note and Series F Preferred Stock Purchase Agreement (Renren 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 Initial Tranche Closing.
Appears in 2 contracts
Sources: 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 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
Sources: Preferred Stock Purchase Agreement (Voyager Group Inc/Ca/), Convertible Preferred Stock Purchase Agreement (Voyager Group Usa-Brazil 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 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 2 contracts
Sources: Stock Purchase Agreement (Amazon Com Inc), Preferred Stock Purchase Agreement (Amazon Com Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement and the Letter Agreement that are required to be performed or complied with by the Company on or before such the Closing.
Appears in 1 contract