Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations and conditions required by this Agreement to be performed or complied with by the Company on or prior to the Closing.
Appears in 12 contracts
Sources: Merger Agreement (Lectec Corp /Mn/), Merger Agreement (American Medical Systems Holdings Inc), Merger Agreement (American Medical Systems Holdings Inc)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations agreements and conditions required by covenants contained in this Agreement that are required to be performed or complied with by the Company it on or prior to before the date of the Closing.
Appears in 11 contracts
Sources: Purchase Agreement (Coca-Cola Consolidated, Inc.), Repurchase Agreement (Trinet Group, Inc.), Purchase Agreement (Coca-Cola Consolidated, Inc.)
Performance. The Company shall have performed and complied or fulfilled in all material respects with all agreements, covenantsobligations, obligations and conditions contained herein required by this Agreement to be performed or complied with fulfilled by the Company on or prior to before the Closing.
Appears in 10 contracts
Sources: Note and Warrant Purchase Agreement (Numbeer, Inc.), Note Purchase Agreement (Positron Corp), Note Purchase Agreement (Positron Corp)
Performance. The Company shall have performed and complied in all material respects with all agreementsof the terms, covenants, obligations agreements and conditions required by this of the Agreement on its part to be performed or complied with by the Company on or prior to the Closingperformed.
Appears in 10 contracts
Sources: Agreement and Plan of Reorganization (Wave Power Net Inc), Agreement and Plan of Reorganization (Telco Blue Inc), Agreement and Plan of Reorganization (Telco Blue Inc)
Performance. The Company shall and the Company Shareholders will have performed and complied in all material respects with all agreements, covenants, obligations and conditions required by this Agreement to be performed or complied with by the Company and the Company Shareholders on or prior to the Closing.
Appears in 9 contracts
Sources: Securities Exchange Agreement (Lone Pine Holdings, Inc), Securities Exchange Agreement (Mill Basin Technologies, Ltd.), Securities Exchange Agreement (Mill Basin Technologies, Ltd.)
Performance. The Company shall have performed and complied complied, in all material respects respects, with all agreements, covenantsobligations, obligations covenants and conditions required by this Agreement to be performed or complied with by the Company it on or prior to the ClosingClosing Date.
Appears in 9 contracts
Sources: Merger Agreement, Merger Agreement (Icos Corp), Merger Agreement (Metro-Goldwyn-Mayer Inc)
Performance. The Company shall have performed and complied complied, in all material respects respects, with all agreementseach agreement, covenants, obligations covenant and conditions obligation required by this Agreement to be so performed or complied with by the Company on at or prior to before the Closing.
Appears in 8 contracts
Sources: Merger Agreement (Getty Images Inc), Merger Agreement (Knot Inc), Investment Agreement (Recovery Equity Investors Ii Lp)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations and conditions required by contained in this Agreement that are required to be performed or complied with by the Company it on or prior to before the applicable Closing.
Appears in 8 contracts
Sources: Securities Purchase Agreement (Givemepower Corp), Securities Purchase Agreement (Givemepower Corp), Securities Purchase Agreement
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations and conditions covenants required by this Agreement to be performed or complied with by the Company on them at or prior to the ClosingClosing Date.
Appears in 8 contracts
Sources: Stock Purchase and Recapitalization Agreement (Bico Inc/Pa), Stock Purchase and Recapitalization Agreement (Monogram Energy, Inc.), Agreement and Plan of Reorganization (Bluestar Health, Inc.)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations agreements and conditions required by contained in this Agreement required to be performed or complied with by the Company on or prior to or at the Closing.
Appears in 8 contracts
Sources: Securities Purchase Agreement (Himalaya Technologies, Inc), Securities Purchase Agreement (Grover Vikram P), Securities Purchase Agreement (2050 Motors, Inc.)
Performance. The Company shall have duly performed and complied in all material respects with all agreements, covenants, obligations agreements and conditions required by contained in this Agreement required to be performed or complied with by the Company on or it prior to or at the Closing.
Appears in 7 contracts
Sources: Stock Purchase Agreement (OptimumBank Holdings, Inc.), Stock Purchase Agreement (OptimumBank Holdings, Inc.), Stock Purchase Agreement (OptimumBank Holdings, Inc.)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations and conditions contained in the Transaction Documents that are required by this Agreement to be performed or complied with by the Company it on or prior to before the Closing.
Appears in 7 contracts
Sources: Share Subscription Agreement (Newlinks Technology LTD), Share Subscription Agreement (NIO Inc.), Share Subscription Agreement (NIO Inc.)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, covenants and obligations and conditions required by contained in this Agreement that are required to be performed or complied with by the Company on or prior to before the Closing.
Appears in 7 contracts
Sources: Subscription Agreement (Procaps Group, S.A.), Subscription Agreement (Procaps Group, S.A.), Subscription Agreement (Procaps Group, S.A.)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations and conditions required by contained in this Agreement in all material respects that are required to be performed or complied with by the Company it on or prior to before the Closing.
Appears in 7 contracts
Sources: Stock Purchase Agreement (Hyperion Partners Ii Lp), Stock Purchase Agreement (Transworld Healthcare Inc), Stock Purchase Agreement (Hyperion Partners Ii Lp)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenantsobligations, obligations and conditions contained in the Loan Documents that are required by this Agreement to be performed or complied with by the Company it on or prior to before the Closing.
Appears in 7 contracts
Sources: Note and Warrant Purchase Agreement (Gi Dynamics, Inc.), Note Purchase Agreement (Gi Dynamics, Inc.), Note and Warrant Purchase Agreement (Gi Dynamics, Inc.)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations covenants and conditions contained herein required by this Agreement to be performed or complied with by the Company on or it prior to or on the ClosingClosing Date.
Appears in 7 contracts
Sources: Exchange and Recapitalization Agreement, Exchange and Recapitalization Agreement (Simon Worldwide Inc), Exchange and Recapitalization Agreement (SAVVIS, Inc.)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations agreements and conditions contained herein required by this Agreement to be performed or complied with by it prior to or on the Closing Date, and the Company on or prior shall have so certified to the ClosingPurchasers in writing.
Appears in 6 contracts
Sources: Purchase Agreement (Spectrasite Holdings Inc), Securities Purchase Agreement (Aurora Electronics Inc), Preferred Stock Purchase Agreement (Spectrasite Holdings Inc)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations agreements and conditions covenants required by this Agreement to be performed or and complied with by the Company on or prior to or on the ClosingClosing Date.
Appears in 6 contracts
Sources: Merger Agreement (Quanta Services, Inc.), Merger Agreement (ModivCare Inc), Merger Agreement (Carlisle Companies Inc)
Performance. The Company shall have performed and complied complied, in all material respects respects, with all covenants, agreements, covenants, obligations and conditions required by contained in this Agreement that are required to be performed or complied with by the Company on or prior to the before such Closing.
Appears in 6 contracts
Sources: Common Stock Purchase Agreement (Arcellx, Inc.), Common Stock Purchase Agreement (Arcellx, Inc.), Preferred Stock Purchase Agreement (Calithera Biosciences, Inc.)
Performance. The Company shall have performed and complied complied, in all material respects respects, with all agreements, covenants, obligations and conditions required by contained in this Agreement that are required to be performed or complied with by the Company it on or prior to before the Closing.
Appears in 6 contracts
Sources: Share Purchase Agreement (Medigus Ltd.), Securities Purchase Agreement (Save Foods Inc.), Securities Purchase Agreement (Save Foods Inc.)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations of its agreements and conditions required by covenants contained in this Agreement that are required to be performed or complied with by the Company it on or prior to before the Closing.
Appears in 6 contracts
Sources: Securities Purchase Agreement (Fly Leasing LTD), Securities Purchase Agreement (Fly Leasing LTD), Securities Purchase Agreement (Summit Aviation Partners LLC)
Performance. The Company shall have performed and complied with in all material respects with all agreements, covenants, obligations and conditions required by contained in this Agreement that are required to be performed or complied with by the Company it on or prior to before the Closing.
Appears in 6 contracts
Sources: Collaboration and License Agreement (Aptevo Therapeutics Inc.), Collaboration and License Agreement (Trubion Pharmaceuticals, Inc), Collaboration and License Agreement (Trubion Pharmaceuticals, Inc)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations and conditions required by contained in this Agreement that are required to be performed or complied with by the Company it on or prior to before the Subsequent Closing.
Appears in 6 contracts
Sources: Series B Preferred Stock Purchase Agreement (Clearlake Capital Partners, LLC), Series B Preferred Stock Purchase Agreement (Purple Communications, Inc.), Stock Purchase Agreement (Clearlake Capital Partners, LLC)
Performance. The Company shall have performed and complied in all material respects with all agreementsother conditions, covenants, obligations covenants and conditions required by agreements contained in this Agreement required to be performed or complied with by the Company it on or prior to before the Closing.
Appears in 5 contracts
Sources: Common Stock Purchase Agreement (MEI Pharma, Inc.), Common Stock Purchase Agreement (Intrexon Corp), Purchase Agreement
Performance. The Company shall have performed and complied complied, in all material respects respects, with all agreements, covenants, obligations and conditions required by contained in this Agreement that are required to be performed or complied with by the Company it on or prior to before the Closing.
Appears in 5 contracts
Sources: Subscription Agreement (Nukkleus Inc.), Ordinary Share Purchase Agreement (World Health Energy Holdings, Inc.), Stock Purchase Agreement (ScoutCam Inc.)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenantsobligations, obligations and conditions required by this Agreement to be performed or complied with by the Company it on or prior to the Closing, and Parent shall have received a certificate to such effect signed by the Chief Executive Officer of the Company.
Appears in 5 contracts
Sources: Merger Agreement (Avecor Cardiovascular Inc), Merger Agreement (Medtronic Inc), Merger Agreement (Medtronic Inc)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations agreements and conditions contained herein required by this Agreement to be performed or complied with by the Company on or it prior to or at the Closing.
Appears in 5 contracts
Sources: Convertible Preferred Stock Purchase Agreement (Ilex Oncology Inc), Convertible Preferred Stock Purchase Agreement (Ilex Oncology Inc), Recapitalization Agreement (American Medserve Corp)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations and conditions required by this Agreement to be performed or complied with by the Company on or prior to the ClosingClosing Date.
Appears in 5 contracts
Sources: Stock Purchase Agreement (BioAmber Inc.), Stock Purchase Agreement (BioAmber Inc.), Stock Purchase Agreement (BioAmber Inc.)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenantsobligations, obligations and conditions required by contained in this Agreement that are required to be performed or complied with by the Company on or prior to the as of such Closing.
Appears in 5 contracts
Sources: Series C Convertible Preferred Stock and Warrant Purchase Agreement, Series C Convertible Preferred Stock and Warrant Purchase Agreement (Visterra, Inc.), Series C Convertible Preferred Stock and Warrant Purchase Agreement (Visterra, Inc.)
Performance. The Company shall have performed and complied in all material respects with all of the agreements, covenants, covenants and obligations and conditions required by under this Agreement to be performed or complied with by the Company it on or prior to the ClosingClosing Date.
Appears in 5 contracts
Sources: Share Exchange Agreement (Longduoduo Co LTD), Share Exchange Agreement (As Capital, Inc.), Share Exchange Agreement (China Foods Holdings Ltd.)
Performance. The Company shall have performed and complied with, in all material respects with all agreementsrespects, covenantseach agreement, obligations covenant and conditions obligation required by this Agreement to be so performed or complied with by the Company on at or prior to before the Closing.
Appears in 5 contracts
Sources: Subscription Agreement (Vertex Industries Inc), Subscription Agreement (Midmark Capital Lp), Purchase Agreement (Acorn Products Inc)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations and conditions required by contained in this Agreement that are required to be performed or complied with by the Company it on or prior before the Closing and shall have obtained all approvals, consents and qualifications necessary to complete the Closingpurchase and sale of the Shares described herein.
Appears in 5 contracts
Sources: Common Stock Purchase Agreement (Ocean Biomedical, Inc.), Common Stock Purchase Agreement (Imago BioSciences, Inc.), Common Stock Purchase Agreement (Braeburn Pharmaceuticals, Inc.)
Performance. The Company shall have performed and complied with, in all material respects with all agreementsrespects, covenantseach agreement, obligations covenant and conditions obligation required by this Agreement to be so performed or complied with by the Company on it at or prior to before the Closing.
Appears in 4 contracts
Sources: Merger Agreement (Netgateway Inc), Merger Agreement (Galaxy Enterprises Inc /Nv/), Merger Agreement (Netgateway Inc)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenantsobligations, obligations and conditions contained in the Loan Documents that are required by this Agreement to be performed or complied with by the Company it on or prior to the before each Closing.
Appears in 4 contracts
Sources: Note and Warrant Purchase Agreement (PARTS iD, Inc.), Note and Warrant Purchase Agreement (PARTS iD, Inc.), Note and Warrant Purchase Agreement (PARTS iD, Inc.)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations covenants and conditions required by this Agreement to be performed or and complied with by it under the Company on Transaction Documents at or prior to before the Closing.
Appears in 4 contracts
Sources: Stock and Warrant Purchase Agreement (Vistula Communications Services, Inc.), Subscription Agreement (MedaSorb Technologies CORP), Stock and Warrant Purchase Agreement (Neuro-Hitech, Inc.)
Performance. The Company shall have performed and complied in all material respects with all agreementseach agreement, covenants, obligations covenant and conditions obligation required by this Agreement to be so performed or complied with by the Company on it in all material respects at or prior to before the Closing.
Appears in 4 contracts
Sources: Repurchase Agreement (China Biologic Products, Inc.), Repurchase Agreement (Chan Ling Siu), Repurchase Agreement (China Biologic Products, Inc.)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, covenants, obligations and conditions required by contained in this Agreement that are required to be performed or complied with by the Company it on or prior to before the ClosingAgreement Date or the Initial Closing Date, as applicable.
Appears in 4 contracts
Sources: Unsecured Pik Convertible Notes Purchase Agreement (Uber Technologies, Inc), Unsecured Pik Convertible Notes Purchase Agreement (Uber Technologies, Inc), Unsecured Pik Convertible Notes Purchase Agreement (Uber Technologies, Inc)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations and conditions required by covenants contained in this Agreement that are required to be performed or complied with by the Company it on or prior to before the ClosingClosing Date.
Appears in 4 contracts
Sources: Unit Purchase Agreement (Centerspan Communications Corp), Unit Purchase Agreement (Centerspan Communications Corp), Unit Purchase Agreement (Centerspan Communications Corp)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenantsobligations, obligations and conditions contained in the Loan Documents that are required by this Agreement to be performed or complied with by the Company it on or prior to before the Closing.
Appears in 4 contracts
Sources: Note Purchase Agreement (PARTS iD, Inc.), Note Purchase Agreement (PARTS iD, Inc.), Note Purchase Agreement (PARTS iD, Inc.)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenantsobligations, obligations covenants and conditions required by contained in this Agreement that are required to be performed or complied with by the Company on it at or prior to before the Closing.
Appears in 4 contracts
Sources: 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 will have performed and complied in all material respects respects, with all agreements, covenants, obligations and conditions required by covenants contained in this Agreement that are required to be performed or complied with by the Company on it at or prior to the Closing.
Appears in 4 contracts
Sources: Securities Purchase Agreement (AGA Medical Holdings, Inc.), Securities Purchase Agreement (AGA Medical Holdings, Inc.), Securities Purchase Agreement (AGA Medical Holdings, Inc.)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations and conditions required by contained in this Agreement and the Operating Agreement that are required to be performed or complied with by the Company it on or prior to before the Initial Closing.
Appears in 4 contracts
Sources: Subscription Agreement, Subscription Agreement (Iridium Communications Inc.), Subscription Agreement (Iridium Communications Inc.)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations agreements and conditions covenants contained herein required by this Agreement to be performed or complied with by the Company on or it prior to or at the ClosingClosing Date.
Appears in 4 contracts
Sources: Stock Purchase Agreement, Series B Preferred Stock Purchase Agreement (Heat Biologics, Inc.), Stock Purchase Agreement (Middlefield Banc Corp)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations and conditions required by contained in this Agreement that are required to be performed or complied with by the Company it on or prior to before the Closing.
Appears in 3 contracts
Sources: Unit Purchase Agreement (Tactical Air Defense Services, Inc.), Series a Unit Purchase Agreement (Vsus Technologies Inc), Preferred Stock Purchase Agreement (Gift Liquidators Inc)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, covenants, obligations and conditions required by contained in this Agreement that are required to be performed or complied with by the Company on or prior to the before such Closing.
Appears in 3 contracts
Sources: Series E Preferred Stock Purchase Agreement (Glowpoint, Inc.), Stock Purchase Agreement (XpresSpa Group, Inc.), Investment Agreement (Five Below, Inc)
Performance. The Company and each of its Subsidiaries shall have performed and complied in all material respects with all agreements, covenants, obligations agreements and conditions contained herein required by this Agreement to be performed or complied with by the Company on or it prior to or at the Closing.
Appears in 3 contracts
Sources: Purchase Agreement (Ifx Corp), Purchase Agreement (Ifx Corp), Purchase Agreement (Ubs Capital Americas Iii Lp)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations and conditions required by contained in this Agreement that are required to be performed or complied with by the Company it on or prior to before the Closing, and all corporate or other proceedings in connection with the transactions contemplated at the Closing. In addition, all documents shall be reasonably satisfactory in form and in substance to Investor.
Appears in 3 contracts
Sources: Option and Wholesale Purchase Agreement (Ligand Pharmaceuticals Inc), Option and Wholesale Purchase Agreement (Lilly Eli & Co), Option and Wholesale Purchase Agreement (Ligand Pharmaceuticals Inc)
Performance. The Company shall have performed and complied complied, in all material respects respects, with all agreements, covenantsconditions, covenants and obligations and conditions required by this Agreement to be performed or complied with by the Company on or prior to the ClosingClosing Date.
Appears in 3 contracts
Sources: Agreement and Plan of Merger (Flowers Foods Inc), Merger Agreement (Iasis Healthcare Corp), Merger Agreement (Biltmore Surgery Center Holdings Inc)
Performance. The Company shall have performed and complied with in ----------- all material respects with all agreementseach agreement, covenants, obligations covenant and conditions obligation required by this Agreement to be so performed or complied with by the Company on or prior to before the ClosingClosing Date.
Appears in 3 contracts
Sources: Agreement and Plan of Reorganization (Magma Design Automation Inc), Agreement and Plan of Reorganization (Level One Communications Inc /Ca/), Agreement and Plan of Reorganization (Level One Communications Inc /Ca/)
Performance. The Company shall have performed and complied with, in all material respects with all agreementsrespects, covenantseach agreement, obligations covenant and conditions obligation required by this Agreement to be so performed or complied with by the Company on at or prior to before the ClosingClosing Date.
Appears in 3 contracts
Sources: Subscription Agreement (Sokol David L), Subscription Agreement (Sokol David L), Subscription Agreement (Midamerican Energy Holdings Co /New/)
Performance. The Company shall have performed and complied complied, in all material respects respects, with all agreementseach agreement, covenants, obligations covenant and conditions obligation required by this Agreement to be so performed or complied with by it at or before the Company on or prior to the ClosingClosing Date.
Appears in 3 contracts
Sources: Framework Agreement (NRDC Acquisition Corp.), Framework Agreement (Medallion Financial Corp), Framework Agreement (Sports Properties Acquisition Corp.)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations and conditions required by this Agreement to be performed or complied with by the Company on or prior to the Closingit.
Appears in 3 contracts
Sources: Purchase and Sale Agreement (Donnelley R R & Sons Co), Purchase and Sale Agreement (Extra Space Storage Inc.), Investor Agreement (Homestead Village Inc)
Performance. The Company shall have performed and complied in all material respects and materially complied with each and all agreements, covenants, obligations of its covenants and conditions required by agreements contained in this Agreement required to be performed or complied with by the Company it on or prior to before the ClosingClosing Date.
Appears in 3 contracts
Sources: Subscription and Stock Purchase Agreement (Signal Apparel Company Inc), Securities Transfer Agreement (Signal Apparel Company Inc), Securities Transfer Agreement (Signal Apparel Company Inc)
Performance. The Company shall have performed all agreements and complied in all material respects with all agreements, covenants, obligations conditions contained herein and conditions in the other Operative Documents required by this Agreement to be performed or complied with by the Company on or it prior to or at the Closing.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Servicesource International LLC), Securities Purchase Agreement (Servicesource International LLC), Securities Purchase Agreement
Performance. The Company shall have performed and complied with, in all material respects with respects, all agreements, covenants, obligations agreements and conditions required by contained in this Agreement required to be performed or complied with by the Company on or it prior to or at the Closing.
Appears in 3 contracts
Sources: Convertible Preferred Stock Purchase Agreement (American Realty Capital Properties, Inc.), Common Stock Purchase Agreement (American Realty Capital Properties, Inc.), Convertible Preferred Stock Purchase Agreement (American Realty Capital Properties, Inc.)
Performance. The Company shall have performed and complied in all material respects with all agreementsother conditions, covenants, obligations covenants and conditions required by agreements contained in this Agreement required to be performed or complied with by the Company it on or prior to before the applicable Closing.
Appears in 3 contracts
Sources: Common Stock Purchase Agreement (XOMA Corp), Common Stock Purchase Agreement (Ultragenyx Pharmaceutical Inc.), Common Stock Purchase Agreement (Ultragenyx Pharmaceutical Inc.)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations agreements and conditions required by contained in this Agreement required to be performed or complied with by the Company it on or prior to before the Closing.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Vcampus Corp), Securities Purchase Agreement (Vcampus Corp), Securities Purchase Agreement (Vcampus Corp)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations and conditions required by contained in this Agreement that are required to be performed or complied with by the Company it on or prior before such Closing, and shall have obtained all approvals, consents and qualifications necessary to complete the Closingsale of the Shares described herein.
Appears in 3 contracts
Sources: Securities Purchase Agreement (CTD Holdings Inc), Securities Purchase Agreement (CTD Holdings Inc), Securities Purchase and Collaboration Agreement (CTD Holdings Inc)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations and conditions required by contained in this Agreement and any Ancillary Agreement that are required to be performed or complied with by the Company it on or prior to before the Closing.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Leviathan Minerals Group Inc.), Securities Purchase Agreement (Leviathan Minerals Group Inc.), Securities Purchase Agreement (Morlex Inc /Co)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations agreements and conditions contained herein required by this Agreement to be performed or complied with by the Company on it before or prior to at the Closing.
Appears in 3 contracts
Sources: Loan and Warrant Agreement (Kennedy Wilson Inc), Stock Purchase Agreement (Anthracite Capital Inc), Stock Purchase Agreement (Anthracite Capital Inc)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, covenants, obligations and conditions required by contained in this Agreement that are required to be performed or complied with by the Company it pursuant to this Agreement on or prior to the ClosingClosing Date.
Appears in 3 contracts
Sources: Series a Preferred Stock Purchase Agreement (Pacific Oak Residential Trust, Inc.), Securities Purchase Agreement (FinTech Acquisition Corp), Securities Purchase Agreement (FinTech Acquisition Corp)
Performance. The Company shall have performed and complied in all material respects with all of the agreements, covenants, obligations and conditions required by in this Agreement required to be performed or complied with by the Company on it at or prior to the ClosingClosing Dates, and shall not be in default under this Agreement.
Appears in 3 contracts
Sources: Subscription Agreement (Cleartronic, Inc.), Subscription Agreement (Cleartronic, Inc.), Subscription Agreement (Cleartronic, Inc.)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations and conditions required by contained in this Agreement that are required to be performed or complied with by the Company on it at or prior to the ClosingPre-closing.
Appears in 3 contracts
Sources: Share Purchase Agreement, Share Purchase Agreement (Zhu Jun), Share Purchase Agreement (Ark Pacific Investment Management LTD)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, covenants, obligations and conditions required by contained in this Agreement that are required to be performed or complied with by the Company it on or prior to before the ClosingClosing Date.
Appears in 3 contracts
Sources: Convertible Note and Warrant Purchase Agreement (Local Bounti Corporation/De), Convertible Note Purchase Agreement (Hut 8 Corp.), Convertible Note Purchase Agreement (Dave Inc./De)
Performance. The Company shall have performed and complied in all ----------- material respects with all covenants, agreements, covenants, obligations and conditions required by contained in this Agreement that are required to be performed or complied with by the Company it on or prior to before the Closing.
Appears in 3 contracts
Sources: Series B Preferred Stock Purchase Agreement (Onvia Com Inc), Series C Preferred Stock Purchase Agreement (Onvia Com Inc), Series a Preferred Stock Purchase Agreement (Onvia Com Inc)
Performance. The Company shall have performed and complied in all ----------- material respects with all agreements, covenants, obligations and conditions required by contained in this Agreement that are required to be performed or complied with by the Company it on or prior to before the Closing.
Appears in 3 contracts
Sources: Series B Preferred Stock Purchase Agreement (Catalytica Combustion Systems Inc), Stock Subscription Agreement (Soros Fund Management LLC), Securities Purchase Agreement (Argyros George L)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations agreements and conditions required by contained in this Agreement required to be performed or complied with by the Company it on or prior to the before such Closing.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Vcampus Corp), Series D Preferred Stock Purchase Agreement (Uol Publishing Inc), Series C Preferred Stock and Warrant Purchase Agreement (Uol Publishing Inc)
Performance. The Company Members and the Companies shall have performed and complied in all material respects with all agreements, covenantsobligations, obligations covenants and conditions required by this Agreement to be so performed or complied with by the Company on Members and the Companies at or prior to the Closing.
Appears in 3 contracts
Sources: 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, in all material respects with all agreementsrespects, covenantseach agreement, obligations covenant and conditions obligation required by this Agreement and the Ancillary Agreements to be so performed or complied with by the Company on or prior to before the ClosingClosing Date.
Appears in 3 contracts
Sources: Agreement and Plan of Merger (Greenrose Acquisition Corp.), Merger Agreement (Greenrose Acquisition Corp.), Merger Agreement (Greenrose Acquisition Corp.)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations agreements and conditions required by contained in this Agreement required to be performed or complied with by the Company on or prior to or at the Closing.
Appears in 3 contracts
Sources: Stock Purchase Agreement (Symbollon Corp), Stock Purchase Agreement (Aspect Medical Systems Inc), Stock Purchase Agreement (Aspect Medical Systems Inc)
Performance. The Company shall have has performed and complied in all material respects with all agreements, covenants, each of its obligations and conditions contained herein required by this Agreement to be performed or complied with by it prior to or at the Closing Date, and a duly authorized officer of the Company on or prior has certified such compliance to the ClosingInvestor in writing on its behalf.
Appears in 3 contracts
Sources: Stock Purchase Agreement (Jacksonville Bancorp Inc /Fl/), Stock Purchase Agreement (Jacksonville Bancorp Inc /Fl/), Stock Purchase Agreement (Jacksonville Bancorp Inc /Fl/)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenantsobligations, obligations and conditions contained in the Basic Documents that are required by this Agreement to be performed or complied with by the Company it on or prior to before the Closing.
Appears in 2 contracts
Sources: Stock Purchase Agreement (New Century Equity Holdings Corp), Securities Purchase Agreement (Northern Way Resources, Inc.)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations agreements and conditions covenants contained herein required by this Agreement to be performed or complied with by the Company on or it prior to or at the ClosingInitial Closing Date.
Appears in 2 contracts
Sources: Series a Preferred Stock Purchase Agreement (Vincera, Inc.), Series a Preferred Stock Purchase Agreement (Vincera, Inc.)
Performance. The Company shall have have, in all material respects, performed and complied in all material respects with all agreements, covenants, obligations and conditions required by contained in this Agreement that are required to be performed or complied with by the Company it on or prior to before the Closing.
Appears in 2 contracts
Sources: Subscription Agreement (Navitrak International CORP), Subscription Agreement (Navitrak International CORP)
Performance. The ▇▇▇▇▇▇ and the Company shall have performed and ----------- complied in all material respects with all agreements, covenants, obligations and conditions required by this Agreement to be performed or complied with by the Company them on or prior to the Closing.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Enviro Clean of America Inc), Stock Purchase Agreement (Enviro Clean of America Inc)
Performance. The Company shall have performed and complied complied, in all material respects respects, with all agreements, covenants, agreements and obligations and conditions required by contained in this Agreement that are required to be performed or complied with by the Company on or prior to before the Closing, including, without limitation, the delivery by the Company of the items contemplated by Section 1.4(a).
Appears in 2 contracts
Sources: Securities Purchase Agreement (Lazydays Holdings, Inc.), Securities Purchase Agreement (Lazydays Holdings, Inc.)
Performance. The Company shall have has performed and complied complied, in all material respects respects, with all agreements, covenants, obligations and conditions required by contained in this Agreement that are required to be performed or complied with by the Company it on or prior to before the Closing.
Appears in 2 contracts
Sources: Securities Purchase Agreement (I Flow Corp /De/), Securities Purchase Agreement (I Flow Corp /De/)
Performance. The Company shall have performed and complied complied, in all material respects respects, with all agreements, covenants, covenants and obligations and conditions required by this Agreement to be performed or complied with by the Company on or prior to the ClosingClosing Date.
Appears in 2 contracts
Sources: Merger Agreement, Merger Agreement (Valeant Pharmaceuticals International, Inc.)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenantsobligations, obligations and conditions required by contained in this Agreement that are required to be performed or complied with by the Company it on or prior to before the Initial Closing.
Appears in 2 contracts
Sources: Loan and Security Agreement (Image Entertainment Inc), Securities Purchase Agreement (Image Entertainment Inc)
Performance. The Company shall have performed and complied in all material respects with or fulfilled all agreements, covenantsobligations, obligations and conditions contained in the Loan Documents and required by this Agreement to be performed or complied with fulfilled by the Company on or prior to before the Closing.
Appears in 2 contracts
Sources: Note Purchase Agreement (Protein Design Labs Inc/De), Note Purchase Agreement (Exelixis Inc)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations agreements and conditions contained herein that are required by this Agreement to be performed or complied with by it prior to or on the Closing Date, and the Company on or prior shall have so certified to the ClosingPurchasers in writing.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Labone Inc/), Securities Purchase Agreement (Welsh Carson Anderson & Stowe Ix Lp)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations and conditions agreements contained herein required by this Agreement to be performed or complied with by the Company on it at or prior to the ClosingClosing and an executive officer of the Company shall have certified to the Purchaser in writing to such effect.
Appears in 2 contracts
Sources: Common Stock Purchase Agreement (AMERICAN EAGLE ENERGY Corp), Restricted Common Stock Agreement (AMERICAN EAGLE ENERGY Corp)
Performance. The Company shall have performed performed, satisfied and complied with, in all material respects with respects, all agreements, covenants, obligations agreements and conditions required by this Agreement or the Share Pledge Agreement to be performed performed, satisfied or complied with by the Company on it at or prior to the Closing.
Appears in 2 contracts
Sources: Amending Agreement (OccuLogix, Inc.), Loan Agreement (OccuLogix, Inc.)
Performance. The Company shall have performed and complied complied, in all material respects respects, with all covenants, agreements, covenants, obligations and conditions required by contained in this Agreement that are required to be performed or complied with by the Company on or prior to before the Closing, including, without limitation, the delivery by the Company of the items contemplated by Section 1.5(a).
Appears in 2 contracts
Sources: Securities Issuance Agreement (Ziopharm Oncology Inc), Securities Issuance Agreement (Ziopharm Oncology Inc)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations agreements and conditions contained herein required by this Agreement to be performed or complied with by the Company on or it prior to or at the Closing.
Appears in 2 contracts
Sources: Investment Agreement (Teltronics Inc), Stock Purchase Agreement (Imp Inc)
Performance. The Company shall have has performed and or complied in all material respects with all agreements, covenants, obligations agreements and conditions contained herein required by this Agreement to be performed or complied with by the Company on or it prior to or at the time of the Closing.
Appears in 2 contracts
Sources: Option Purchase Agreement (Nextel Communications Inc), Investment Agreement (Nextel Communications Inc)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, covenants, obligations and conditions required by contained in this Agreement that are required to be performed or complied with by the Company it on or prior to the before such Closing.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Genome Therapeutics Corp), Stock Purchase Agreement (Genome Therapeutics Corp)
Performance. The Each of the Company shall and ▇▇▇▇▇▇▇ will have performed and complied in all material respects respects, with all agreements, covenants, obligations and conditions required by covenants contained in this Agreement that are required to be performed or complied with by the Company on it at or prior to the Closing.
Appears in 2 contracts
Sources: Stock Purchase Agreement (AGA Medical Holdings, Inc.), Stock Purchase Agreement (AGA Medical Holdings, Inc.)
Performance. The Company shall have performed and complied complied, in all material respects respects, with all the agreements, covenantsobligations, obligations covenants and conditions required by this Agreement to be performed or complied with by the Company it on or prior to the ClosingClosing Date.
Appears in 2 contracts
Sources: Merger Agreement (Solexa, Inc.), Merger Agreement (Illumina Inc)
Performance. The Company shall will have performed and complied in all material respects with all agreements, covenantsobligations, obligations and conditions required by contained in this Agreement that are required to be performed or complied with by the Company it on or prior to before the Closing.
Appears in 2 contracts
Sources: Series B Preferred Stock Purchase Agreement (Microhelix Inc), Series B Preferred Stock Purchase Agreement (Microhelix Inc)
Performance. The Company shall will have performed and complied with in all material respects respects, with all agreements, covenants, obligations and conditions required by covenants contained in this Agreement that are required to be performed or complied with by the Company on them at or prior to the Closing.
Appears in 2 contracts
Sources: Merger Agreement (American Well Corp), Agreement and Plan of Merger (American Well Corp)
Performance. The Company shall have performed and complied with, in all material respects with respects, all covenants, agreements, covenants, obligations and conditions required by contained in this Agreement that are required to be performed or complied with by the Company on or prior to before the Closing.
Appears in 2 contracts
Sources: Second Tranche Stock Purchase Agreement (Siebert Financial Corp), Stock Purchase Agreement (Siebert Financial Corp)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenantsobligations, obligations covenants and conditions required by contained in this Agreement that are required to be performed or complied with by the Company on it at or prior to the before each Closing.
Appears in 2 contracts
Sources: Series D Preferred Stock Purchase Agreement (Roka BioScience, Inc.), Series D Preferred Stock Purchase Agreement (Roka BioScience, Inc.)
Performance. The Company shall have performed and complied in all material respects with or fulfilled all agreements, covenantsobligations, obligations and conditions contained herein required by this Agreement to be performed or complied with fulfilled by the Company on or prior to before the Closing.
Appears in 2 contracts
Sources: Series a Preferred Stock Purchase Agreement (Adknowledge Inc), Series E Preferred Stock Purchase Agreement (Concur Technologies Inc)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations agreements and conditions covenants required by this Agreement to be so performed or complied with by the Company on at or prior to the Closing.
Appears in 2 contracts
Sources: Agreement and Plan of Merger (Ideanomics, Inc.), Merger Agreement (Ideanomics, Inc.)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenants, obligations and conditions required by contained in this Agreement that are required to be performed or complied with by the Company it on or prior to the before Closing.
Appears in 2 contracts
Sources: Contribution and Stock Exchange Agreement (Southland Health Services, Inc.), Common Stock Exchange Agreement (Southland Health Services, Inc.)
Performance. The Company shall have performed and complied in all material respects with all agreements, covenantsobligations, obligations and conditions required by contained in this Agreement that are required to be performed or complied with by the Company it on or prior to before the Subsequent Closing.
Appears in 2 contracts
Sources: Loan and Security Agreement (Image Entertainment Inc), Securities Purchase Agreement (Image Entertainment Inc)
Performance. The Company shall have performed and complied in or fulfilled all material respects with all agreementsterms, covenants, obligations covenants and conditions contained herein required by this Agreement to be performed or complied with fulfilled by the Company on or prior to before the Closing.
Appears in 2 contracts
Sources: Subscription Agreement (National Wireless Holdings Inc), Subscription Agreement (National Wireless Holdings Inc)
Performance. The Company shall have performed and complied in all material respects with all agreementscovenants and agreements contained herein and received any and all consents, covenants, obligations and conditions approvals or waivers necessary in order to complete the transactions required by this Agreement to be performed or complied with by the Company on it or prior to or at the Closing.
Appears in 2 contracts
Sources: Preferred Stock Purchase Agreement (Act Capital America Fund Lp), Preferred Stock Purchase Agreement (Semx Corp)
Performance. The Company shall have performed and complied complied, in all material respects respects, with all covenants, agreements, covenants, obligations and conditions required by contained in this Agreement that are required to be performed or complied with by the Company on or prior to before the Initial Closing.
Appears in 2 contracts
Sources: Convertible Promissory Note Purchase Agreement, Convertible Promissory Note Purchase Agreement (Altimmune, Inc.)