Common use of Performance Clause in Contracts

Performance. The Purchasers 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 them on or before such Closing.

Appears in 61 contracts

Samples: Series C Preferred Stock Purchase Agreement (Caribou Biosciences, Inc.), Stock Purchase Agreement, Preferred Stock Purchase Agreement (ATAI Life Sciences B.V.)

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

Appears in 53 contracts

Samples: Asset Purchase Agreement, Share Purchase Agreement (Se Global Equities Corp), Asset Purchase Agreement (Nevada Gold & Casinos Inc)

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

Appears in 28 contracts

Samples: Preferred Stock Purchase Agreement (Basil Street Cafe, Inc.), And Warrant Purchase Agreement (Psi Corp), Stock Purchase Agreement (Aethlon Medical Inc)

Performance. The Purchasers shall have performed performed, satisfied and complied in all material respects with all covenants, agreements, obligations agreements and conditions contained in this Agreement that are required by the Transaction Documents to be performed performed, satisfied or complied with by them on the Purchasers at or before such prior to the Closing.; and

Appears in 27 contracts

Samples: Securities Purchase Agreement (Global Epoint Inc), Securities Purchase Agreement (Global Epoint Inc), Securities Purchase Agreement (Solar Thin Films, Inc.)

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

Appears in 26 contracts

Samples: Class a Ordinary Share Subscription Agreement (Ruipeng Pet Group Inc.), Class a Ordinary Share Subscription Agreement (New Ruipeng Pet Group Inc.), Class a Ordinary Share Subscription Agreement (New Ruipeng Pet Group Inc.)

Performance. The Purchasers shall have performed performed, satisfied and complied in all material respects with all covenants, agreements, obligations agreements and conditions contained in this Agreement that are required by the Transaction Documents to be performed performed, satisfied or complied with by them on the Purchasers at or before such prior to the Closing.;

Appears in 25 contracts

Samples: Securities Purchase Agreement (Telkonet Inc), Securities Purchase Agreement (Internet Commerce Corp), Securities Exchange Agreement (Easylink Services International Corp)

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

Appears in 21 contracts

Samples: Asset Purchase and Reorganization Agreement (Cognigen Networks Inc), Preferred Stock Purchase Agreement (HCI Group, Inc.), Securities Purchase Agreement (MGT Capital Investments Inc)

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

Appears in 20 contracts

Samples: Preferred Stock Subscription Agreement (IMH Financial Corp), Preferred Shares Purchase Agreement (360 Finance, Inc.), Exchange and Subscription Agreement (IMH Financial Corp)

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

Appears in 20 contracts

Samples: Share Purchase Agreement (TAL Education Group), Securities Purchase Agreement (TuSimple Holdings Inc.), Share Purchase Agreement (China Techfaith Wireless Communication Technology LTD)

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

Appears in 15 contracts

Samples: Convertible Note Purchase Agreement (Zoom Technologies Inc), Series G Convertible Preferred Stock Purchase Agreement (International Stem Cell CORP), Series a Preferred Share and Note Purchase Agreement (Velti PLC)

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

Appears in 15 contracts

Samples: Securities Purchase Agreement (Bellicum Pharmaceuticals, Inc), Securities Purchase Agreement (KALA BIO, Inc.), Securities Purchase Agreement (Intercept Pharmaceuticals, Inc.)

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

Appears in 14 contracts

Samples: Share Subscription Agreement (Tencent Music Entertainment Group), Share Subscription Agreement (Tencent Music Entertainment Group), Share Subscription Agreement (Tencent Music Entertainment Group)

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

Appears in 10 contracts

Samples: Asset Purchase Agreement (Opko Health, Inc.), Purchase Agreement (QLT Inc/Bc), Asset Purchase and Sale Agreement (Prometheus Laboratories Inc)

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

Appears in 9 contracts

Samples: Securities Purchase Agreement (Nile Therapeutics, Inc.), Note and Warrant Purchase Agreement (Nephros Inc), Securities Purchase Agreement (Nephros Inc)

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

Appears in 8 contracts

Samples: Stock Purchase Agreement (China Tel Group Inc), Stock Purchase Agreement (China Tel Group Inc), Stock Purchase Agreement (China Tel Group Inc)

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

Appears in 8 contracts

Samples: Common Stock Purchase and Registration Rights Agreement (Archemix Corp.), Stock Purchase Agreement (Archemix Corp.), Stock Purchase Agreement (Archemix Corp.)

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

Appears in 8 contracts

Samples: Registration Rights Agreement (Black Stone Minerals, L.P.), Purchase and Sale Agreement (W&t Offshore Inc), Purchase and Sale Agreement (Black Stone Minerals, L.P.)

Performance. The Purchasers 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 them on Purchasers at or before such the Closing.

Appears in 7 contracts

Samples: Purchase Agreement (Pioneer Standard Electronics Inc), Stock Purchase Agreement (Resource America Inc), Stock Purchase Agreement (TPG Partners Lp)

Performance. The Purchasers Purchaser 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 them it, on or before such Closingthe Closing Date.

Appears in 7 contracts

Samples: Agreement (Meteor Industries Inc), Agreement (Capco Energy Inc), Stock Exchange Agreement (Capco Energy Inc)

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

Appears in 7 contracts

Samples: Agreement and Plan of Merger (Neoleukin Therapeutics, Inc.), Securities Purchase Agreement (Myos Rens Technology Inc.), Securities Purchase Agreement (MedAvail Holdings, Inc.)

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

Appears in 6 contracts

Samples: Stock Purchase Agreement (PSM Holdings Inc), Stock Purchase Agreement (PSM Holdings Inc), Stock Purchase Agreement (PSM Holdings Inc)

Performance. The Purchasers shall All of the covenants and obligations that the Purchaser is required to perform or to comply with pursuant to this Agreement at or prior to the Closing must have been performed and complied with in all covenants, agreements, obligations and conditions contained in this Agreement that are material respects. The Purchaser must have delivered each of the documents required to be performed or complied with delivered by them on or before such Closingit pursuant to this Agreement.

Appears in 6 contracts

Samples: Interferon Asset Acquisition Agreement (A5 Laboratories Inc.), Acquisition Agreement (Costa Rica Paradise Inc.), Asset Acquisition Agreement (Medical Care Technologies Inc.)

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

Appears in 4 contracts

Samples: Insider Warrant Purchase Agreement (Apex Bioventures Acquisition Corp), Founder Warrant Purchase Agreement (Brand & Services Acquisition Corp.), Insider Warrant Purchase Agreement (Apex Bioventures Acquisition Corp)

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

Appears in 4 contracts

Samples: Securities Purchase Agreement (Vcampus Corp), Securities Purchase Agreement (Vcampus Corp), Securities Purchase Agreement (Vcampus Corp)

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

Appears in 4 contracts

Samples: Stock Purchase Agreement (California Capital Equity, LLC), Stock Purchase Agreement (PW Partners Atlas Fund III, LP), Call Option Agreement (PW Partners Atlas Fund III, LP)

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

Appears in 4 contracts

Samples: Series E Preferred Share Purchase Agreement (TuSimple Holdings Inc.), Preferred Share Purchase Agreement (TuSimple Holdings Inc.), Preferred Share Purchase Agreement (Kingsoft Internet Software Holdings LTD)

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

Appears in 4 contracts

Samples: Securities Purchase Agreement (Savvis Communications Corp), Securities Purchase Agreement (Welsh Carson Anderson Stowe Viii Lp), Securities Purchase Agreement (Savvis Communications Corp)

Performance. The Purchasers 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 them it on or before such the Closing.

Appears in 4 contracts

Samples: Purchase Agreement (Therma Wave Inc), Purchase Agreement (Therma Wave Inc), Purchase Agreement (Therma Wave Inc)

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

Appears in 3 contracts

Samples: Subscription Agreement (Vertex Industries Inc), Subscription Agreement (Midmark Capital Lp), Investment Agreement (Lund International Holdings Inc)

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

Appears in 3 contracts

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

Performance. The Purchasers 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 them on or before such ClosingClosing Date.

Appears in 3 contracts

Samples: Preferred Share Purchase Agreement (ECMOHO LTD), Investors Rights Agreement (ECMOHO LTD), Investors Rights Agreement (ECMOHO LTD)

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

Appears in 3 contracts

Samples: Securities Purchase Agreement (Lightning Gaming, Inc.), Stock Sale and Purchase Agreement (Sorrento Therapeutics, Inc.), Asset Purchase Agreement (Ose Usa Inc)

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

Appears in 3 contracts

Samples: Series a Preferred Stock Purchase Agreement (ScripsAmerica, Inc.), Share Purchase Agreement (Wowo LTD), Series a Preferred Stock Purchase Agreement (ScripsAmerica, Inc.)

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

Appears in 3 contracts

Samples: Securities Purchase Agreement (Imcor Pharmaceutical Co), Securities Purchase Agreement (Imcor Pharmaceutical Co), Registration Rights Agreement (Photogen Technologies Inc)

Performance. The Purchasers Purchaser shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by them on or before such the Closing and shall have delivered the Transaction Documents as of each Closing.

Appears in 3 contracts

Samples: Preferred Unit Purchase Agreement (Learn SPAC HoldCo, Inc.), Class B Preferred Unit Purchase Agreement (Learn SPAC HoldCo, Inc.), Limited Liability Company Agreement (Learn SPAC HoldCo, Inc.)

Performance. The Purchasers Each Purchaser and all of its Affiliates 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 them it or its Affiliates on or before such the Closing.

Appears in 3 contracts

Samples: Share Subscription Agreement, Share Subscription Agreement (Tencent Music Entertainment Group), Share Subscription Agreement (Tencent Music Entertainment Group)

Performance. The Purchasers shall Each of the covenants and obligations that the Purchaser is required to perform or to comply with pursuant to this Agreement at or prior to the Closing must have been duly performed and complied with in all covenantsmaterial respects, agreements, obligations and conditions contained in this Agreement that are the Purchaser must have executed and delivered each of the documents required to be performed or complied with delivered by them on or before such Closingit hereunder.

Appears in 3 contracts

Samples: Asset Transfer Agreement (Longtop Financial Technologies LTD), Asset Transfer Agreement (Longtop Financial Technologies LTD), Asset Transfer Agreement (Genius Group LTD)

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

Appears in 3 contracts

Samples: Stock Purchase Agreement (TESARO, Inc.), Share Subscription Agreement (MINISO Group Holding LTD), Agreement and Plan of Merger (IMARA Inc.)

Performance. The Purchasers Purchaser shall have performed all obligations, 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 them on it in all material respects at or before such prior to the Closing.

Appears in 3 contracts

Samples: Escrow Agreement (Ivanhoe Energy Inc), Purchase and Sale Agreement (Carbon Natural Gas Co), Purchase and Sale Agreement (Carbon Energy Corp)

Performance. The Purchasers shall have performed and complied in all material respects with all covenants, of the agreements, obligations covenants and conditions contained in this the Agreement that are required to be performed or complied with by them on at or before prior to such Closing, and the Company shall have received a certificate dated as of such Closing and signed on behalf of the Purchasers to that effect.

Appears in 3 contracts

Samples: Securities Purchase and Redemption Agreement (Stride & Associates Inc), Warrant Agreement (Logical Design Solutions Inc), Warrant Purchase Agreement (Logical Design Solutions Inc)

Performance. The Purchasers shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement and the Escrow Agreement that are required to be performed or complied with by them on or before such Closingthe Closing and the Purchasers shall have obtained any and all consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by the Agreement and the Escrow Agreement.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Nu Skin Enterprises Inc), Stock Purchase Agreement (Nu Skin Enterprises Inc)

Performance. The Purchasers 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 or complied with by them on at or before such prior to the Closing, and will have obtained all consents and approvals required to be obtained by the Purchasers for the consummation of the transactions contemplated by this Agreement.

Appears in 2 contracts

Samples: Preferred Redemption Agreement (Skyterra Communications Inc), Investment Agreement (Rare Medium Group Inc)

Performance. The Purchasers 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 them on or before such the Initial Tranche Closing.

Appears in 2 contracts

Samples: Series D Preferred Stock Purchase Agreement (Proteon Therapeutics Inc), Series D Preferred Stock Purchase Agreement (Proteon Therapeutics Inc)

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

Appears in 2 contracts

Samples: First Tranche Stock Purchase Agreement (Siebert Financial Corp), Second Tranche Stock Purchase Agreement (Siebert Financial Corp)

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

Appears in 2 contracts

Samples: Series C2 Preferred Share Purchase Agreement (Qutoutiao Inc.), Series C1 Preferred Share Purchase Agreement (Qutoutiao Inc.)

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

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement (Trulieve Cannabis Corp.), Membership Interest Purchase Agreement (Trulieve Cannabis Corp.)

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

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (ATAI Life Sciences B.V.), Common Stock Purchase Agreement (Medigus Ltd.)

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

Appears in 2 contracts

Samples: Sale and Purchase Agreement (Ormat Funding Corp.), Brady Unit (Ormat Funding Corp.)

Performance. The Purchasers 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 them on or before such Closing.,

Appears in 2 contracts

Samples: Series a Preferred Stock Purchase Agreement (Anterios Inc), Series a Preferred Stock Purchase Agreement (Anterios Inc)

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

Appears in 2 contracts

Samples: Convertible Debenture Purchase Agreement, Convertible Debenture Purchase Agreement

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

Appears in 2 contracts

Samples: Stock Purchase Agreement (Millennium Cell Inc), Stock Purchase Agreement (Millennium Cell Inc)

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

Appears in 2 contracts

Samples: Share Purchase Agreement (Acro Inc.), Share Purchase Agreement (Acro Inc.)

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

Appears in 2 contracts

Samples: Waiver and Consent (Canargo Energy Corp), Note and Warrant Purchase Agreement (Canargo Energy Corp)

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

Appears in 2 contracts

Samples: Stock Purchase Agreement (Anchorage International Holdings Corp.), Stock Purchase Agreement (Anchorage International Holdings Corp.)

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

Appears in 2 contracts

Samples: Securities Purchase Agreement (IntelliHome, Inc.), Securities Purchase Agreement (IntelliHome, Inc.)

Performance. The Purchasers Each of Purchaser and the Partnership shall have performed in all material respects all obligations, 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 them on it at or before such prior to the Closing.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (QR Energy, LP), Purchase and Sale Agreement

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

Appears in 2 contracts

Samples: Note Purchase Agreement (Canargo Energy Corp), Security Interest Agreement (Canargo Energy Corp)

Performance. The Purchasers 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 them on or before such Closing.

Appears in 2 contracts

Samples: Series a Preferred Stock Purchase Agreement (IntelliHome, Inc.), Series a Preferred Stock Purchase Agreement (IntelliHome, Inc.)

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

Appears in 2 contracts

Samples: Stock Purchase Agreement (Epix Medical Inc), Purchase Agreement (Epix Medical Inc)

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

Appears in 2 contracts

Samples: Preferred Share Purchase Agreement (Phoenix New Media LTD), Secured Convertible Note Purchase Agreement (Nation Energy Inc)

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

Appears in 2 contracts

Samples: Stock Purchase Agreement (OCM Principal Opportunities Fund IV, LP), Stock Purchase Agreement (OCM Principal Opportunities Fund IV, LP)

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Performance. The Purchasers Purchaser 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 them it on or before such Closingeach Subsequent Closing Date.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Millennium Cell Inc), Stock Purchase Agreement (Millennium Cell Inc)

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

Appears in 2 contracts

Samples: Share Purchase Agreement (JMU LTD), Share Purchase Agreement (Xu Haohan)

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

Appears in 2 contracts

Samples: Stock Purchase Agreement (Grown Rogue International Inc.), Stock Purchase Agreement (Grown Rogue International Inc.)

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

Appears in 2 contracts

Samples: Purchase Agreement (Ubs Capital Americas Iii Lp), Purchase and Sale Agreement (Ubs Capital Americas Iii Lp)

Performance. The Purchasers 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 them on or before such the Third Tranche Closing.

Appears in 2 contracts

Samples: Series D Preferred Stock Purchase Agreement (Proteon Therapeutics Inc), Series D Preferred Stock Purchase Agreement (Proteon Therapeutics Inc)

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

Appears in 2 contracts

Samples: Restructuring Agreement (Finova Capital Corp), Restructuring Agreement (Aquis Communications Group Inc)

Performance. The Each of the Company and, in the case of the Initial Purchasers obligations, the Subsequent Purchaser, shall have performed performed, satisfied and complied in all material respects with all covenants, agreements, obligations agreements and conditions contained in this Agreement that are required by the Transaction Documents to be performed performed, satisfied or complied with by them on it at or before such prior to the Closing., including, without limitation, delivering or causing the delivery of those items required to be delivered pursuant to Section 2.2;

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Hanger Orthopedic Group Inc), Preferred Stock Purchase Agreement (Ares Corporate Opportunities Fund Lp)

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

Appears in 2 contracts

Samples: Securities Purchase Agreement (MDNA Life Sciences, Inc.), Securities Purchase Agreement (MDNA Life Sciences, Inc.)

Performance. The Purchasers 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 them on or before such the Second Tranche Closing.

Appears in 2 contracts

Samples: Series D Preferred Stock Purchase Agreement (Proteon Therapeutics Inc), Series D Preferred Stock Purchase Agreement (Proteon Therapeutics Inc)

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

Appears in 2 contracts

Samples: Stock Purchase Agreement (A123 Systems, Inc.), Stock Purchase Agreement (IHI Corp)

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

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement, Preferred Stock Purchase Agreement (Capstone Therapeutics Corp.)

Performance. The Purchasers 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 them on the Purchaser at or before such prior to the Closing., including, without limitation, delivering or causing the delivery of those items required to be delivered pursuant to Section 2.04; and

Appears in 2 contracts

Samples: Stock Purchase Agreement (Sandridge Energy Inc), Stock Purchase Agreement (Sandridge Energy Inc)

Performance. The Purchasers 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 them on or before such the Initial Closing.

Appears in 2 contracts

Samples: Stock Purchase Agreement (TomoTherapy Inc), Series a Preferred Stock Purchase Agreement (Immunome Inc.)

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

Appears in 2 contracts

Samples: Convertible Note Purchase Agreement (Sunshine Silver Mining & Refining Corp), Convertible Note Purchase Agreement (Sunshine Silver Mining & Refining Corp)

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

Appears in 1 contract

Samples: Share Purchase Agreement (Forwardly, Inc.)

Performance. The Purchasers 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 them on or before such Closing.;

Appears in 1 contract

Samples: Stock Purchase Agreement (Assuranceamerica Corp)

Performance. The Purchasers 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 them it on or before such Closingprior to the applicable Closing Date.

Appears in 1 contract

Samples: Securities Purchase Agreement (Idera Pharmaceuticals, Inc.)

Performance. The Purchasers shall have performed and complied in all material respects with all covenants, agreements, obligations covenants and conditions contained in this Agreement that are herein required to be performed or complied with by them prior to or on or before such Closingthe Initial Closing Date and the Subsequent Closing Date, as applicable.

Appears in 1 contract

Samples: Securities Purchase Agreement (Savvis Communications Corp)

Performance. The Purchasers All of the covenants and undertakings the Purchaser is required to comply with or to perform at or prior to Completion shall have performed and been complied with and performed in all covenants, agreements, obligations and conditions contained in this Agreement that are material respects. The Purchaser must have delivered each of the documents required to be performed or complied with delivered by them on or before such Closingit pursuant to this Agreement.

Appears in 1 contract

Samples: Sale and Purchase Agreement (Advanced Accelerator Applications S.A.)

Performance. The Purchasers 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 them the Purchasers on or before such Closingthe Closing Date.

Appears in 1 contract

Samples: Stock Purchase Agreement (New Atlantic Venture Fund Iii L P)

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

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (American Resources Corp)

Performance. The Purchasers shall will 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 them on or before such Closing.

Appears in 1 contract

Samples: Registration Rights Agreement (Mechanical Technology Inc)

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

Appears in 1 contract

Samples: Share Purchase Agreement (Warburg Pincus Private Equity X, L.P.)

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

Appears in 1 contract

Samples: Share Subscription Agreement (Sea LTD)

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

Appears in 1 contract

Samples: Purchase Agreement (Ifx Corp)

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

Appears in 1 contract

Samples: Securities Purchase Agreement (Meridian Financial Corp)

Performance. The Purchasers 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 them on at or before such each Closing.

Appears in 1 contract

Samples: Securities Purchase Agreement (Vbi Vaccines Inc.)

Performance. The Purchasers Each Purchaser 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 them it on or before such Closing.

Appears in 1 contract

Samples: Convertible Promissory Note Purchase Agreement (Altimmune, Inc.)

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

Appears in 1 contract

Samples: Series B Preferred Stock and Warrant Purchase Agreement (Players Network)

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

Appears in 1 contract

Samples: Subscription Agreement (Protara Therapeutics, Inc.)

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

Appears in 1 contract

Samples: Series a Preferred Stock Purchase Agreement (Eastman Kodak Co)

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

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement (Pernix Therapeutics Holdings, Inc.)

Performance. The Purchasers Purchaser shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement and the Stockholders’ Agreement that are required to be performed or complied with by them on or before such Initial Closing or such Subsequent Closing, as applicable.

Appears in 1 contract

Samples: Securities Purchase Agreement (Biohaven Pharmaceutical Holding Co Ltd.)

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

Appears in 1 contract

Samples: Registration Rights Agreement (Ondas Holdings Inc.)

Performance. The Purchasers Each purchaser shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by them it on or before such Closing.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Gelesis Holdings, Inc.)

Performance. The All of the covenants and obligations that the Purchasers shall are required to perform or to comply with pursuant to this Agreement at or prior to the Closing must have been performed and complied with in all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by them on or before such Closingmaterial respects.

Appears in 1 contract

Samples: Share Purchase and Sale Agreement (FUHUIYUAN INTERNATIONAL HOLDINGS LTD)

Performance. The Purchasers shall All of the covenants and obligations that Purchaser are required to perform or to comply with pursuant to this Agreement at or prior to the Closing must have been performed and complied with in all covenants, agreements, obligations and conditions contained in this Agreement that are material respects. Purchaser must have delivered each of the documents required to be performed or complied with delivered by them on or before such Closingit pursuant to this Agreement.

Appears in 1 contract

Samples: Share Purchase Agreement (Biologix Hair Inc.)

Performance. The Purchasers shall Each Purchaser will 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 them it on or before such Closingthe Closing Date.

Appears in 1 contract

Samples: Convertible Note and Warrant Sale Agreement (Global Employment Holdings, Inc.)

Performance. The Purchasers 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 them on or before such Closing.

Appears in 1 contract

Samples: Series Seed Preferred Stock Purchase Agreement (Digital Brands Group, Inc.)

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