Common use of Performance Clause in Contracts

Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Closing;

Appears in 98 contracts

Samples: Securities Purchase Agreement (Taoping Inc.), Securities Purchase Agreement (Cfo Consultants, Inc.), Securities Purchase Agreement (Sys)

AutoNDA by SimpleDocs

Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;.

Appears in 57 contracts

Samples: Share Purchase Agreement (VBI Vaccines Inc/Bc), Securities Purchase Agreement (dELiAs, Inc.), Note Purchase Agreement (Array Biopharma Inc)

Performance. Each The Company and each other Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor it at or prior to the Closing;.

Appears in 45 contracts

Samples: Security Agreement (Stratus Media Group, Inc), Securities Purchase Agreement (dELiAs, Inc.), Securities Purchase Agreement (Liberator Medical Holdings, Inc.)

Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such the Investor at or prior to the Closing;; and

Appears in 29 contracts

Samples: Securities Purchase Agreement (BitNile Holdings, Inc.), Securities Purchase Agreement (COMSovereign Holding Corp.), Securities Purchase Agreement (Blue Star Foods Corp.)

Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such the Investor at or prior to the Closing;

Appears in 15 contracts

Samples: Investment Agreement (Iridex Corp), Securities Purchase Agreement (E-Home Household Service Holdings LTD), Securities Purchase Agreement (E-Home Household Service Holdings LTD)

Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Closing;

Appears in 13 contracts

Samples: Securities Purchase Agreement (Thermoenergy Corp), Securities Purchase Agreement (Thermoenergy Corp), Securities Purchase Agreement (Axion Power International, Inc.)

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

Appears in 10 contracts

Samples: Series B Preferred Share Purchase Agreement (LightInTheBox Holding Co., Ltd.), Series F Preferred Shares Purchase Agreement (Missfresh LTD), Series F Preferred Shares Purchase Agreement (Missfresh LTD)

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

Appears in 8 contracts

Samples: Series C Preferred Share Purchase Agreement (Burning Rock Biotech LTD), Series B Preferred Share Purchase Agreement (Burning Rock Biotech LTD), Series C+ Preferred Share Purchase Agreement (Burning Rock Biotech LTD)

Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such the Investor at or prior to the Closing;.

Appears in 8 contracts

Samples: Securities Purchase Agreement (GigOptix, Inc.), Securities Purchase Agreement (Silicom LTD), Securities Purchase Agreement (Kinderhook Partners, Lp)

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

Appears in 8 contracts

Samples: Share Purchase Agreement (Momo Inc.), Series D Preferred Share Purchase Agreement (Momo Inc.), Series D Preferred Share Purchase Agreement (Momo Inc.)

Performance. Each The Investor shall have performedperformed and complied, satisfied and complied in all material respects respects, with all covenants, agreements and conditions contained in the Agreement required by the Transaction Documents to be performed, satisfied performed or complied with by such the Investor at or prior to or at the Closing;.

Appears in 6 contracts

Samples: Securities Purchase Agreement (2050 Motors, Inc.), Securities Purchase Agreement (Grover Vikram P), Securities Purchase Agreement (2050 Motors, Inc.)

Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement and the other Transaction Documents to be performed, satisfied or complied with by such the Investor at or prior to the Closing;.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Concur Technologies Inc), Securities Purchase Agreement (Energous Corp), Securities Purchase Agreement (Dialog Semiconductor PLC)

Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by such the Investor at or prior to the Closing;

Appears in 5 contracts

Samples: Securities Purchase Agreement (Dynasty Energy Resources, Inc.), Common Stock Purchase Agreement (Bear Lake Recreation Inc), Subscription Agreement (LIFE Power & Fuels LLC)

Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the such Closing;.

Appears in 5 contracts

Samples: Unit Purchase Agreement (Marizyme, Inc.), Unit Purchase Agreement (Marizyme, Inc.), Unit Purchase Agreement (Marizyme, Inc.)

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

Appears in 5 contracts

Samples: Share Purchase Agreement (LingoChamp Inc.), Share Purchase Agreement (LAIX Inc.), Series a Preferred Share Purchase and Note Conversion Agreement (Belite Bio, Inc)

Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by such the Investor at or prior to the Closing;Closing Date.

Appears in 5 contracts

Samples: Warrant Acquisition Agreement (FreightCar America, Inc.), Warrant Acquisition Agreement (Pacific Investment Management Co LLC), Warrant Acquisition Agreement (FreightCar America, Inc.)

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

Appears in 5 contracts

Samples: Unit Purchase Agreement (Sprague Resources LP), Purchase Agreement (Epizyme, Inc.), Second Series B Preferred Share Purchase Agreement (Burning Rock Biotech LTD)

Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the such Closing;

Appears in 5 contracts

Samples: Securities Purchase Agreement (Uroplasty Inc), Registration Rights Agreement (Granite Partners, L.L.C.), Registration Rights Agreement (Granite City Food & Brewery LTD)

Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by such the Investor at or prior to the Closing;.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Alseres Pharmaceuticals Inc /De), Stock Purchase Agreement (Drugstore Com Inc), Securities Purchase Agreement (EnviroStar, Inc.)

Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Cereplast Inc), Securities Purchase Agreement (Pioneer Power Solutions, Inc.), Securities Purchase Agreement (Photomedex Inc)

Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Closing;; and

Appears in 4 contracts

Samples: Securities Purchase Agreement (Celgene Corp /De/), Note Purchase Agreement (Energy Focus, Inc/De), Securities Purchase Agreement (Alliqua, Inc.)

Performance. Each Investor shall have performed, satisfied and complied performed in all material respects with all covenants, agreements obligations and conditions covenants herein required by the Transaction Documents to be performed, satisfied or complied with performed by such Investor it at or prior to the Closing;.

Appears in 4 contracts

Samples: Exchange Agreement (Longboard Pharmaceuticals, Inc.), Exchange Agreement (Rain Therapeutics Inc.), Exchange Agreement (Structure Therapeutics Inc.)

Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such the Investor at or prior to the applicable Closing;; and

Appears in 4 contracts

Samples: Securities Purchase Agreement (G Medical Innovations Holdings Ltd.), Securities Purchase Agreement (Hub Cyber Security Ltd.), Securities Purchase Agreement (Gse Systems Inc)

Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;; and

Appears in 4 contracts

Samples: Securities Purchase Agreement (Iomai Corp), Securities Purchase Agreement (Pacific Ethanol, Inc.), Securities Purchase Agreement (Pacific Ethanol, Inc.)

Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;.

Appears in 4 contracts

Samples: Investors’ Rights Agreement (Cortendo AB), Investors’ Rights Agreement (Cortendo AB), Investors’ Rights Agreement (Cortendo AB)

Performance. Each The Company and each other Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor it at or prior to the Closing;.

Appears in 4 contracts

Samples: Investors’ Rights Agreement (Cortendo AB), Investors’ Rights Agreement (Cortendo AB), Investors’ Rights Agreement (Cortendo AB)

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

Appears in 4 contracts

Samples: Convertible Preferred Shares Purchase Agreement (Jupai Holdings LTD), Convertible Preferred Shares Purchase Agreement (Jupai Holdings LTD), Preferred Stock Purchase Agreement (Calithera Biosciences, Inc.)

Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such each Investor at or prior to the Closing;

Appears in 3 contracts

Samples: Securities Purchase Agreement (Dor Biopharma Inc), Securities Purchase Agreement (Dor Biopharma Inc), Securities Purchase Agreement (Dor Biopharma Inc)

Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor them at or prior to the First Closing;.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Fennec Pharmaceuticals Inc.), Securities Purchase Agreement (Mri Interventions, Inc.), Securities Purchase Agreement (Fennec Pharmaceuticals Inc.)

Performance. Each Such Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such the Investor at or prior to the Closing;; and

Appears in 3 contracts

Samples: Securities Purchase Agreement (Indonesia Energy Corp LTD), Securities Purchase Agreement (Phoenix Motor Inc.), Securities Purchase Agreement (Freight Technologies, Inc.)

Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Closing;.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Kingsway Financial Services Inc), Stock Purchase Agreement (Kingsway Financial Services Inc), Private Placement Agreement (Sunpower Corp)

Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the such Closing;; and

Appears in 3 contracts

Samples: Unit Purchase Agreement (Marizyme Inc), Securities Purchase Agreement (Northann Corp.), Unit Purchase Agreement (Marizyme Inc)

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

Appears in 3 contracts

Samples: Series F Preferred Shares Purchase Agreement (Missfresh LTD), Preferred Shares Purchase Agreement (Genetron Holdings LTD), Series F Preferred Shares Purchase Agreement (Missfresh LTD)

Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Closing;, including delivery of the items set forth in Section 2.3(b).

Appears in 3 contracts

Samples: Securities Purchase Agreement (Akorn Inc), Securities Purchase Agreement (Akorn Inc), Securities Purchase Agreement (Akorn Inc)

Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the each Closing;.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Alseres Pharmaceuticals Inc /De), Securities Purchase Agreement (Alseres Pharmaceuticals Inc /De), Securities Purchase Agreement (Alseres Pharmaceuticals Inc /De)

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

Appears in 3 contracts

Samples: Preferred Share Subscription Agreement (YY Inc.), Preferred Share Subscription Agreement (HUYA Inc.), Preferred Share Subscription Agreement (HUYA Inc.)

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

Appears in 3 contracts

Samples: Purchase Agreement (BFC Financial Corp), Purchase Agreement (BBX Capital Corp), Purchase Agreement

Performance. Each The Investor shall have performed, satisfied satisfied, and complied in all material respects with all covenants, agreements agreements, and conditions required by the Transaction Documents to be performed, satisfied satisfied, or complied with by such the Investor at or prior to the Closing;

Appears in 3 contracts

Samples: Securities Purchase Agreement (Good Times Restaurants Inc), Securities Purchase Agreement (Magellan Petroleum Corp /De/), Securities Purchase Agreement (Good Times Restaurants Inc)

Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the ClosingClosing Date;

Appears in 2 contracts

Samples: Note Purchase Agreement (Organic to Go Food CORP), Note Purchase Agreement (Organic to Go Food CORP)

Performance. Each Investor shall have performed, satisfied has performed and complied in all material respects with all covenants, agreements and conditions contained herein required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at or it prior to or at the Closing;Closing Date.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Palmetto Bancshares Inc), Stock Purchase Agreement (Jacksonville Bancorp Inc /Fl/)

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

Appears in 2 contracts

Samples: Common Stock Purchase Agreement, Common Stock Purchase Agreement

Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such the Investor at or prior to the Closing;Closing; and

Appears in 2 contracts

Samples: Securities Purchase Agreement (REE Automotive Ltd.), Securities Purchase Agreement (REE Automotive Ltd.)

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

Appears in 2 contracts

Samples: Convertible Promissory Note Purchase Agreement (500.com LTD), Convertible Promissory Note Purchase Agreement (500.com LTD)

Performance. Each Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements obligations and conditions required by contained in the Transaction Documents that are required to be performed, satisfied performed or complied with by such Investor at it/him on or prior to before the Closing;.

Appears in 2 contracts

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

Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the applicable Closing;, including, only with respect to the Subsequent Closing, the satisfaction of the covenant under Section 4.3(b) above.

Appears in 2 contracts

Samples: Share Purchase Agreement (On Track Innovations LTD), Share Purchase Agreement (Ivy Jerry Lafe JR)

Performance. Each Investor shall have performed, ----------- satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Closing;

Appears in 2 contracts

Samples: Securities Purchase Agreement (Zoltek Companies Inc), Securities Purchase Agreement (Zoltek Companies Inc)

Performance. Each The purchasing Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Closing;; and

Appears in 2 contracts

Samples: Securities Purchase Agreement (Crown Electrokinetics Corp.), Securities Purchase Agreement (Data443 Risk Mitigation, Inc.)

Performance. Each The Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements and conditions covenants contained herein required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at or it prior to or at the Closing;First Closing Date.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Teligent Inc), Securities Purchase Agreement (Teligent Inc)

Performance. Each Investor The Investors shall have performed, satisfied performed and complied in all material respects with all covenants, agreements obligations and conditions required by contained in the Transaction Documents that are required to be performed, satisfied performed or complied with by such Investor at it/him on or prior to before the Closing;.

Appears in 2 contracts

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

Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Closing;

Appears in 2 contracts

Samples: Securities Purchase Agreement (Magnetar Capital Partners LP), Securities Purchase Agreement (Think Partnership Inc)

Performance. Each Investor shall have performed, satisfied has performed and complied in all material respects with all covenants, agreements and conditions by it contained herein required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at or it prior to or at the Closing;Closing Date.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Jacksonville Bancorp Inc /Fl/), Stock Purchase Agreement (Jacksonville Bancorp Inc /Fl/)

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

Appears in 2 contracts

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

Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such the Investor at or prior to the Initial Closing;

Appears in 2 contracts

Samples: Note Purchase Agreement (World Heart Corp), Note Purchase Agreement (Abiomed Inc)

Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by such Investor at or prior to the Closing;.

Appears in 2 contracts

Samples: Securities Purchase Agreement (KL Energy Corp), Securities Purchase Agreement (KL Energy Corp)

Performance. Each Investor The Investors shall have performed, satisfied and or complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;.

Appears in 2 contracts

Samples: Note and Warrant Purchase Agreement (RHO Ventures VI LP), Note and Warrant Purchase Agreement (Bluefly Inc)

Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;

Appears in 2 contracts

Samples: Securities Purchase Agreement (Ecotality, Inc.), Credit Agreement (Pacific Ethanol, Inc.)

Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Second Closing;

Appears in 2 contracts

Samples: Securities Purchase Agreement (Irish Mag, Inc.), Securities Purchase Agreement (Marlborough Software Development Holdings Inc.)

Performance. Each Investor shall have performed, satisfied and complied performed in all material respects all of its obligations and shall have materially complied with each and all covenants, agreements and conditions of its covenants required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at it on or prior to before the Closing;Closing Date, including without limitation the execution and delivery of the agreements and undertakings provided for in this Agreement.

Appears in 2 contracts

Samples: Investors' Subscription Agreement (Lee Thomas H Equity Fund Iii L P), Fsi Merger (Donaldson Lufkin & Jenrette Inc /Ny/)

Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such each Investor at or prior to the Closing;; and

Appears in 2 contracts

Samples: Securities Purchase Agreement (Dor Biopharma Inc), Securities Purchase Agreement (Soligenix, Inc.)

Performance. Each Investor shall have performed, satisfied performed and complied in all material respects with all covenantsagreements, agreements covenants and conditions contained herein required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at or it prior to or on the Closing;Closing Date.

Appears in 2 contracts

Samples: Recapitalization Agreement (Moneygram International Inc), Recapitalization Agreement (Lee Thomas H Advisors LLC)

Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor then at or prior to the Closing;

Appears in 2 contracts

Samples: Securities Purchase Agreement (Commerce Planet), Securities Purchase Agreement (Commerce Planet)

AutoNDA by SimpleDocs

Performance. Each The Company and each other Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor it at or prior to the Closing;Closing Date.

Appears in 2 contracts

Samples: Securities Purchase Agreement (FUND.COM Inc.), Securities Purchase Agreement (Photomedex Inc)

Performance. Each The Company and each other Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor it at or prior to the First Closing;.

Appears in 2 contracts

Samples: Securities Purchase Agreement (BTHC VI Inc), Securities Purchase Agreement (Via Pharmaceuticals, Inc.)

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

Appears in 2 contracts

Samples: Notes Subscription Agreement (Yucheng Technologies LTD), Share Charge (Yucheng Technologies LTD)

Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by such Investor at or prior to the Closing;

Appears in 2 contracts

Samples: Share Purchase Agreement (Montana Mining Corp), Securities Purchase Agreement (Integrity Capital Income Fund, Inc.)

Performance. Each Investor shall have performed, satisfied performed and complied in all material respects with all covenantsagreements, agreements obligations and conditions required by the Transaction Documents this Agreement to be performed, satisfied performed or complied with by such Investor at them on or prior to the Closing;.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Nexsan Corp), Stock Purchase Agreement (Nexsan Corp)

Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with with, all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor them at or prior to the Closing;.

Appears in 1 contract

Samples: Registration Rights Agreement (Bakers Footwear Group Inc)

Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;Closing Date.

Appears in 1 contract

Samples: Securities Purchase Agreement (FUND.COM Inc.)

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

Appears in 1 contract

Samples: Common Stock and Warrant Purchase Agreement (Searchlight Minerals Corp.)

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

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Searchlight Minerals Corp.)

Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Closingsuch Closing Date;

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Organic to Go Food CORP)

Performance. Each Such Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor it at or prior to the Closing;.

Appears in 1 contract

Samples: Securities Purchase Agreement (Access Pharmaceuticals Inc)

Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;Closing and the Lender shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by the Lender at or prior to the Closing under the Purchase Agreement; and

Appears in 1 contract

Samples: Warrant Acquisition Agreement (Energy Focus, Inc/De)

Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Thomas Properties Group Inc)

Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such the Investor at or prior to the Closing;, other than with respect to covenants, agreements and conditions of the Investors which are qualified by materiality or by Material Adverse Effect, which shall be complied with in all respects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Threshold Pharmaceuticals Inc)

Performance. Each Investor shall have performed, satisfied and performed or complied in all material respects with all covenants, agreements obligations and conditions covenants required by the Transaction Documents this Agreement to be performed, satisfied performed or complied with by such Investor at or prior to the First Closing;

Appears in 1 contract

Samples: Investment Agreement (Duke Energy Florida, Llc.)

Performance. Each Such Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor Investors at or prior to the applicable Closing;.

Appears in 1 contract

Samples: Securities Purchase Agreement (Acura Pharmaceuticals, Inc)

Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Closing;.

Appears in 1 contract

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

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

Appears in 1 contract

Samples: Stock Purchase Agreement (Transworld Healthcare Inc)

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

Appears in 1 contract

Samples: Series a 16 Preferred Share Purchase Agreement (WEIBO Corp)

Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied performed or complied with by such Investor at them on or prior to the Closing;Closing Date.

Appears in 1 contract

Samples: Stock and Warrant Purchase Agreement (New Horizons Worldwide Inc)

Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the such Closing;

Appears in 1 contract

Samples: Securities Purchase Agreement (Flexible Solutions International Inc)

Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by such Investor it at or prior to the Closing;such closing.

Appears in 1 contract

Samples: Investment Agreement (FX Real Estate & Entertainment Inc.)

Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the Initial Closing;.

Appears in 1 contract

Samples: Securities Purchase Agreement (MAKO Surgical Corp.)

Performance. Each The Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements obligations and conditions required by contained in this Agreement and the other Transaction Documents to which it is a party that are required to be performed, satisfied performed or complied with by such the Investor at on or prior to before the Closing;.

Appears in 1 contract

Samples: Investment Agreement (Autohome Inc.)

Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents Agreement to be performed, satisfied or complied with by such the Investor at or prior to the Closing;; and

Appears in 1 contract

Samples: Subscription Agreement (Ace Comm Corp)

Performance. Each The Investor shall have performed, satisfied satisfied, and complied in all material respects with all covenants, agreements agreements, and conditions required by the Transaction Documents to be performed, satisfied satisfied, or complied with by such the Investor at or prior to the such Closing;

Appears in 1 contract

Samples: Securities Purchase Agreement (Magellan Petroleum Corp /De/)

Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;Closing Date, including, without limitation, completing and delivering to the Company the Instruction Sheet for Investors attached hereto as Exhibit B. ARTICLE VI

Appears in 1 contract

Samples: Securities Purchase Agreement (Cambridge Display Technology, Inc.)

Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the First Closing;.

Appears in 1 contract

Samples: Securities Purchase Agreement (BTHC VI Inc)

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

Appears in 1 contract

Samples: Investor Repurchase Agreement (Guo Man)

Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such the Investor at or prior to the Closing;.

Appears in 1 contract

Samples: Securities Purchase Agreement (Benefitfocus,Inc.)

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

Appears in 1 contract

Samples: Stock Purchase Agreement (Lecg Corp)

Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Subscription Documents to be performed, satisfied or complied with by such the Investor at or prior to the each Closing;; and

Appears in 1 contract

Samples: Securities Purchase Agreement (Fitell Corp)

Performance. Each Such Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the ClosingClosing Date;

Appears in 1 contract

Samples: Note Purchase Agreement (Jones Soda Co)

Performance. Each Investor The Investors, the Company and the other Participating Shareholder shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;.

Appears in 1 contract

Samples: Securities Purchase Agreement (Solar Power, Inc.)

Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor it at or prior to the Closing;.

Appears in 1 contract

Samples: Securities Purchase Agreement (FC Global Realty Inc)

Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;, other than with respect to covenants, agreements and conditions of the Investors which are qualified by materiality or by Material Adverse Effect, which shall be complied with in all respects.

Appears in 1 contract

Samples: Securities Purchase Agreement (Threshold Pharmaceuticals Inc)

Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by such Investor at or prior to the Closing;

Appears in 1 contract

Samples: Securities Purchase Agreement (Accelerate Diagnostics, Inc)

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

Appears in 1 contract

Samples: Securities Purchase Agreement (Redback Networks Inc)

Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;, including:

Appears in 1 contract

Samples: Securities Purchase Agreement (CareDx, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.