Common use of Performance by the Company Clause in Contracts

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company.

Appears in 253 contracts

Samples: Purchase Agreement (Phio Pharmaceuticals Corp.), Common Stock Purchase Agreement (Zoomcar Holdings, Inc.), Equity Purchase Agreement (Mangoceuticals, Inc.)

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Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to the Closing.

Appears in 188 contracts

Samples: Common Stock Purchase Agreement (Meta Materials Inc.), Registration Rights Agreement (Revelstone Capital Acquisition Corp.), Registration Rights Agreement (Revelstone Capital Acquisition Corp.)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement and the Registration Rights Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to each Condition Satisfaction Date.

Appears in 179 contracts

Samples: Stock Purchase Agreement (Grom Social Enterprises, Inc.), Stock Purchase Agreement (ETAO International Co., Ltd.), Investment Agreement (Axxess Pharma Inc.)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to the Closing Date.

Appears in 156 contracts

Samples: Security Purchase Agreement (Surf Air Mobility Inc.), Stock Issuance Agreement, Stock Issuance Agreement

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement (including, without limitation, the conditions specified in Section 2.5 hereof) and the Registration Rights Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to each Condition Satisfaction Date.

Appears in 96 contracts

Samples: Committed Equity Facility Agreement (Solar Wind Energy Tower, Inc.), Committed Equity Facility Agreement (Solar Wind Energy Tower, Inc.), Committed Equity Facility Agreement (Solar Wind Energy Tower, Inc.)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to the Closing.

Appears in 71 contracts

Samples: Share Purchase Agreement (Kamada LTD), Share Purchase Agreement (Kamada LTD), Securities Purchase Agreement (RedHill Biopharma Ltd.)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior the applicable Condition Satisfaction Date.

Appears in 69 contracts

Samples: Equity Purchase Agreement (Spectaire Holdings Inc.), Equity Purchase Agreement (Lilium N.V.), Equity Purchase Agreement (Lilium N.V.)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to each Condition Satisfaction Date.

Appears in 59 contracts

Samples: Equity Distribution Agreement (Cannabics Pharmaceuticals Inc.), Equity Distribution Agreement (Investview, Inc.), Investment Agreement (Meridian Waste Solutions, Inc.)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to the Closing Date.

Appears in 46 contracts

Samples: Securities Purchase Agreement (Manitex International, Inc.), Securities Purchase Agreement (Mountain High Acquisitions Corp.), Securities Purchase Agreement (Altair International Corp.)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all material covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to the Initial Closing.

Appears in 38 contracts

Samples: Securities Purchase Agreement (Chron Organization, Inc.), Securities Purchase Agreement (Pura Naturals, Inc.), Securities Purchase Agreement (Cool Technologies, Inc.)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to the Initial Closing.

Appears in 30 contracts

Samples: Note and Warrant Purchase Agreement (NovaRay Medical, Inc.), Share Purchase Agreement (Corel Corp), Common Stock Purchase Agreement (Calypte Biomedical Corp)

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

Appears in 28 contracts

Samples: Stock Purchase Agreement (Dynaresource Inc), Securities Purchase Agreement (Myos Rens Technology Inc.), Securities Purchase Agreement (Myos Rens Technology Inc.)

Performance by the Company. The Company shall have have, in all material respects, performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement, the Registration Rights Agreement and the Warrant to be performed, satisfied or complied with by the Company.

Appears in 26 contracts

Samples: Common Stock Purchase Agreement (Nuvelo Inc), Common Stock Purchase Agreement (Cell Genesys Inc), Common Stock Purchase Agreement (Emisphere Technologies Inc)

Performance by the Company. The Company shall have performed, satisfied and complied complied, in all material respects respects, with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to such date.

Appears in 26 contracts

Samples: Sales Agency Financing Agreement (Eastgroup Properties Inc), Sales Agency Financing Agreement (Eastgroup Properties Inc), Sales Agency Financing Agreement (Eastgroup Properties Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to such date.

Appears in 21 contracts

Samples: Boston Properties LTD Partnership, Sales Agency Financing Agreement (Boston Properties Inc), Boston Properties LTD Partnership

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

Appears in 17 contracts

Samples: Convertible Preferred Stock Purchase Agreement (Cragar Industries Inc /De), Escrow Agreement (Universal Medical Systems Inc), Exchange Agreement (Markland Technologies Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to the applicable Condition Satisfaction Date.

Appears in 12 contracts

Samples: Equity Purchase Agreement (GigCapital5, Inc.), Equity Purchase Agreement (FaZe Holdings Inc.), Equity Purchase Agreement (FaZe Holdings Inc.)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company, including but not limited to the delivery of the Put Shares as provided in Section 2.2(a) of this Agreement.

Appears in 8 contracts

Samples: Equity Purchase Agreement (AIM ImmunoTech Inc.), Equity Purchase Agreement (Safe & Green Development Corp), Equity Purchase Agreement (Kona Gold Beverage, Inc.)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement, the Registration Rights Agreement and the Warrant to be performed, satisfied or complied with by the Company.

Appears in 6 contracts

Samples: Common Stock Purchase Agreement (Aksys LTD), Common Stock Purchase Agreement (Cellegy Pharmaceuticals Inc), Common Stock Purchase Agreement (Tegal Corp /De/)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement Agreement, or any other agreements between the Company and Investor, to be performed, satisfied or complied with by the CompanyCompany at or prior to each Condition Satisfaction Date.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Artec Global Media, Inc.), Committed Equity Facility Agreement (Growlife, Inc.), Committed Equity Facility Agreement (Millennium Healthcare Inc.)

Performance by the Company. The Company shall have ----------------------------- performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement, the Registration Rights Agreement and the Escrow Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to each Condition Satisfaction Date.

Appears in 5 contracts

Samples: Credit Agreement (Worldwide Wireless Networks Inc), Credit Agreement (Worldwide Wireless Networks Inc), Credit Agreement (Worldwide Wireless Networks Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement and by all other agreements related to this agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to the First Closing.

Appears in 5 contracts

Samples: Convertible Securities Subscription Agreement (Zycad Corp), Convertible Securities Subscription Agreement (Zycad Corp), Convertible Securities Subscription Agreement (Zycad Corp)

Performance by the Company. The Company shall have performed, -------------------------- satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement and the Registration Rights Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to each Condition Satisfaction Date.

Appears in 5 contracts

Samples: Credit Agreement (Forefront Inc), Credit Agreement (Forefront Inc), Credit Agreement (Team Communications Group Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all material covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany as of each Settlement Date.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Titan Iron Ore Corp.), Securities Purchase Agreement (Titan Iron Ore Corp.), Securities Purchase Agreement (Greenfield Farms Food, Inc.)

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

Appears in 4 contracts

Samples: Securities Purchase Agreement (Endocare Inc), Securities Purchase Agreement (Alliance Pharmaceutical Corp), Securities Purchase Agreement (Endocare Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, covenants and agreements and conditions required by this Agreement the Transaction Documents to be performed, satisfied or complied with by the CompanyCompany at or prior to each Condition Satisfaction Date.

Appears in 4 contracts

Samples: Common Stock Purchase Agreement (Digital Angel Corp), Equity Line Purchase Agreement (Jag Media Holdings Inc), Equity Line Purchase Agreement (Composite Industries of America Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, covenants and agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to each Condition Satisfaction Date.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Wilon Energy Group Inc), Stock Purchase Agreement (Texxar Inc), Stock Purchase Agreement (Spongetech Delivery Systems Inc)

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

Appears in 4 contracts

Samples: Securities Purchase Agreement (Xfone Inc.), Series L Convertible Preferred Stock Purchase (Esynch Corp/Ca), Series J Convertible Preferred Stock Purchase (Esynch Corp/Ca)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany including but not limited to the delivery of the Put Shares as provided in Section 2.2(a) of this Agreement.

Appears in 4 contracts

Samples: Equity Commitment Agreement (Marquie Group, Inc.), Equity Commitment Agreement (Marquie Group, Inc.), Equity Commitment Agreement (Accredited Solutions, Inc.)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement and the Registration Rights Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to such date.

Appears in 4 contracts

Samples: Common Stock Purchase Agreement (Elgrande Com Inc), Common Stock Purchase Agreement (Teligent Inc), Common Stock Purchase Agreement (Elgrande Com Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement and by all other agreements related to this Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to the Second Closing.

Appears in 4 contracts

Samples: Convertible Securities Subscription Agreement (Zycad Corp), Convertible Securities Subscription Agreement (Zycad Corp), Convertible Securities Subscription Agreement (Zycad Corp)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company.;

Appears in 3 contracts

Samples: Warrant Purchase Agreement (Viseon Inc), Stock Purchase Agreement (Rsi Systems Inc/Mn), Stock Purchase Agreement (Digital Investors LLC)

Performance by the Company. The Company shall have -------------------------- performed, satisfied and complied in all material respects with all covenants, covenants and agreements and conditions required by this Agreement the Transaction Documents to be performed, satisfied or complied with by the CompanyCompany at or prior to each Condition Satisfaction Date.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Ashton Technology Group Inc), Securities Purchase Agreement (Internet Law Library Inc), Securities Purchase Agreement (Ashton Technology Group Inc)

Performance by the Company. The Company shall have performed, -------------------------- satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to the Closing.

Appears in 3 contracts

Samples: Common Stock Purchase Agreement (Inchorus Com), Series E Convertible Preferred Stock Purchase (Skylynx Communications Inc), Convertible Preferred Stock Purchase (Speedcom Wireless Corp)

Performance by the Company. The Company shall have have, in all material respects, performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement, the Registration Rights Agreement and the Warrant to be performed, satisfied or complied with by the CompanyCompany on or prior to the applicable Condition Satisfaction Date.

Appears in 3 contracts

Samples: Common Stock Purchase Agreement (Acadia Pharmaceuticals Inc), Common Stock Purchase Agreement (Electro Optical Sciences Inc /Ny), Common Stock Purchase Agreement (Biosante Pharmaceuticals Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement and the Registration Rights Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to each Condition Satisfaction Date.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Famous Fixins Inc), Stock Purchase Agreement (Famous Fixins Inc)

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

Appears in 2 contracts

Samples: Purchase Agreement (Kazia Therapeutics LTD), Purchase Agreement (Quoin Pharmaceuticals, Ltd.)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to the each Closing Date.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Telscape International Inc), Securities Purchase Agreement (Telscape International Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all material covenants, agreements and conditions required by this Agreement and the Investors' Rights Agreement to be performed, satisfied or complied with by the Company.Company at or prior to the applicable Delivery Date and the applicable Exercise Date;

Appears in 2 contracts

Samples: Warrant Agreement (Raptor Networks Technology Inc), Series G Warrant Agreement (Raptor Networks Technology Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to such time.

Appears in 2 contracts

Samples: Equity Purchase Agreement (El Capitan Precious Metals Inc), Equity Purchase Agreement (El Capitan Precious Metals Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to the Settlement Date.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Viragen Inc), Common Stock Purchase Agreement (Viragen Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to the Effectiveness.

Appears in 2 contracts

Samples: 1 Waiver Agreement (Worldwide Xceed Group Inc), Waiver Agreement (Worldwide Xceed Group Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement the Transaction Documents to be performed, satisfied or complied with by the CompanyCompany between the Closing Date and the Additional Closing Date.

Appears in 2 contracts

Samples: Purchase Agreement (Markland Technologies Inc), Securities Purchase Agreement (Millennium Cell Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to each Advance Date.

Appears in 2 contracts

Samples: Subscription Agreement (Capstone Turbine Corp), Subscription Agreement (Capstone Turbine Corp)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to the Closing and as of each Settlement Date.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Pro Net Link Corp), Common Stock Purchase Agreement (Pro Net Link Corp)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company.Company at or before the First Closing Date;

Appears in 2 contracts

Samples: Securities Purchase Agreement (Alliance Pharmaceutical Corp), Securities Purchase Agreement (Alliance Pharmaceutical Corp)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior the applicable Condition Satisfaction Date, unless otherwise waived by the Investor.

Appears in 2 contracts

Samples: Equity Purchase Agreement (SMX (Security Matters) Public LTD Co), Equity Purchase Agreement (Lionheart III Corp)

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

Appears in 2 contracts

Samples: Securities Purchase Agreement (Peregrine Pharmaceuticals Inc), Securities Purchase Agreement (Peregrine Pharmaceuticals Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement, the Debenture and the Registration Rights Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to each Condition Satisfaction Date.

Appears in 2 contracts

Samples: Credit Agreement (Nexland Inc), Line of Credit Agreement (Celerity Systems Inc)

Performance by the Company. The Company shall have performed, satisfied satisfied, and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied satisfied, or complied with by the Company.

Appears in 2 contracts

Samples: Equity Purchase Agreement (Success Entertainment Group International Inc.), Equity Purchase Agreement (Xfit Brands, Inc.)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany including the delivery of executed copies of all Transaction Documents.

Appears in 1 contract

Samples: Promissory Note Exchange Agreement (General Cannabis Corp)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company.the

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (Molex Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to the Closing and the Effectiveness.

Appears in 1 contract

Samples: Waiver Agreement (Worldwide Xceed Group Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company. The Company shall not be in breach or fail to comply with any covenants in any transaction agreements, instruments or documents related to the issuance of debt or equity securities of the Company.

Appears in 1 contract

Samples: Equity Purchase Agreement (Medizone International Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to such date, nor shall there have occurred an Event of Default under this Agreement.

Appears in 1 contract

Samples: Private Equity Line Financing Agreement (First Virtual Communications Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company.

Appears in 1 contract

Samples: Ordinary Share Purchase Agreement (VivoPower International PLC)

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

Appears in 1 contract

Samples: Convertible Debenture and Warrant Purchase Agreement (Empyrean Bioscience Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company.. ​

Appears in 1 contract

Samples: Equity Purchase Agreement (Digital Brands Group, Inc.)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company.Company at or prior to the Series B Closing;

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (Immunogen Inc)

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Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement, the Certificate of Designation, the Escrow Agreement, and the Registration Rights Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to each Put Date and each Condition Satisfaction Date.

Appears in 1 contract

Samples: Registration Rights Agreement (Ijnt Net Inc)

Performance by the Company. The Company shall have performed, satisfied satisfied, and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company.

Appears in 1 contract

Samples: Purchase Agreement (Snail, Inc.)

Performance by the Company. The Company shall have performed, satisfied and complied in all material materials respects with all covenants, agreements and conditions required by this Agreement to be performed, performed satisfied or complied with by the CompanyCompany at or prior to each Closing and the Company shall not be in breach or default of any other agreement between Company and Purchaser.

Appears in 1 contract

Samples: Preferred Stock Drawdown Agreement (BioNeutral Group, Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement and the Registration Rights Agreement to be performed, satisfied or complied with by the Company.Company at or prior to the Series C Closing;

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (Glasgal Communications Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement, the Registration Rights Agreement and the Warrant to be performed, satisfied or complied with by the CompanyCompany at or prior to each Condition Satisfaction Date.

Appears in 1 contract

Samples: Credit Agreement (Big Entertainment Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company.conditions

Appears in 1 contract

Samples: Securities Purchase Agreement (International Isotopes Inc)

Performance by the Company. The Company shall have performed, satisfied and complied with in all material respects with all covenants, agreements and conditions required by this Agreement and the Registration Rights Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to each Condition Satisfaction Date.

Appears in 1 contract

Samples: Agreement (Elcom International Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement or any of the other Transaction Documents to be performed, satisfied or complied with by the CompanyCompany at or prior to the Registration Shares Closing.

Appears in 1 contract

Samples: Subscription Agreement (Centura Software Corp)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with and within the designated time period all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany pursuant to Article 6.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (United Health Products, Inc.)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement Agreement, and the Transaction Documents to be performed, satisfied or complied with by the CompanyCompany at or prior to each Condition Satisfaction Date.

Appears in 1 contract

Samples: Private Equity Credit Agreement (Henley Healthcare Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company.Company at or prior to the Second Closing. (iii)

Appears in 1 contract

Samples: Convertible Securities Subscription Agreement (Cortex Pharmaceuticals Inc/De/)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to each Condition Precedent Date.

Appears in 1 contract

Samples: )) Agreement (Neon Communications Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement at or prior to be performed, satisfied or complied with by the Companyeach Condition Satisfaction Date.

Appears in 1 contract

Samples: Private Equity Credit Agreement (Emps Research Corp)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement, the Convertible Debenture or the Registration Rights Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to each Condition Satisfaction Date.

Appears in 1 contract

Samples: Private Equity Credit Agreement (Computerized Thermal Imaging Inc)

Performance by the Company. The Company shall have performed, satisfied performed and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied performed or complied with by them either prior to or at the CompanyClosing.

Appears in 1 contract

Samples: Security Agreement (Hospital Staffing Services Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement, the Registration Rights Agreement and the Warrants to be performed, satisfied or complied with by the CompanyCompany at or prior to each Condition Satisfaction Date.

Appears in 1 contract

Samples: Stock Purchase Agreement (International Fibercom Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company.Company at or prior to the Series A Closing;

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (Genus Inc)

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

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (Cayenne Software Inc)

Performance by the Company. The Company shall have performed, satisfied performed and complied with all the covenants and agreements in all material respects with and satisfied in all covenants, agreements and material respects all the conditions required by this Agreement to be performed, satisfied performed or complied with or satisfied by the CompanyCompany at or prior to the same.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Innovative Gaming Corp of America)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, covenants and agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior the applicable Condition Satisfaction Date.

Appears in 1 contract

Samples: Equity Purchase Agreement (Niocorp Developments LTD)

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

Appears in 1 contract

Samples: Securities Purchase Agreement (Brilliant Digital Entertainment Inc)

Performance by the Company. The Company -------------------------- shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to the Initial Closing.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Absolutefuture Com)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performedAgreement, the registration Rights Agreement, satisfied or complied with by the CompanyCompany at or prior to each Condition Satisfaction Date.

Appears in 1 contract

Samples: Private Equity Line Agreement (Cyber Care Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement, the Registration Rights Agreement and the Warrant to be performed, satisfied or complied with by the CompanyCompany as of or prior to the applicable Condition Satisfaction Date.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (American Technology Corp /De/)

Performance by the Company. The Company shall have has performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to the Subscription Closing Date.

Appears in 1 contract

Samples: Subscription Agreement (VeruTEK Technologies, Inc.)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to each such date.

Appears in 1 contract

Samples: Note Purchase Agreement (Pro Net Link Corp)

Performance by the Company. The Company shall have performed, satisfied satisfied, and complied in all material respects with all covenants, covenants and agreements and conditions required by this Agreement to be performed, satisfied satisfied, or complied with by the CompanyCompany as of the date hereof.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cetalon Corp)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to the Settlement.

Appears in 1 contract

Samples: Private Placement Purchase Agreement (Cyclone Power Technologies Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement or any related agreement to be performed, satisfied or complied with by the CompanyCompany at or prior to each Condition Satisfaction Date.

Appears in 1 contract

Samples: Equity Distribution Agreement (Lotus Pharmaceuticals, Inc.)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement and the Registration Rights Agreement to be performed, satisfied or complied with by the Company.Company at or prior to each Condition Satisfaction Date. (d)

Appears in 1 contract

Samples: Equity Purchase Agreement

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement Agreement, the Loan and Security Agreement, the Registration Rights Agreement, the Warrant Purchase Agreement, the Warrant and other documents related to thereto to be performed, satisfied or complied with by the CompanyCompany at or prior to each Condition Satisfaction Date.

Appears in 1 contract

Samples: Credit Agreement (Interactive Telesis Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company.Company at or prior to each Condition Satisfaction Date

Appears in 1 contract

Samples: Registration Rights Agreement (Execute Sports Inc)

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

Appears in 1 contract

Samples: Securities Purchase Agreement (Marex Com Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany as of each Settlement Date.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Medizone International Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement and the Registration Rights Agreement to be performed, satisfied or complied with by the Company.Company at or prior to each Condition Satisfaction Date

Appears in 1 contract

Samples: Private Equity Credit Agreement (Large Scale Biology Corp)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this ​ ​ Agreement to be performed, satisfied or complied with by the CompanyCompany at or prior the applicable Condition Satisfaction Date.

Appears in 1 contract

Samples: Equity Purchase Agreement (Terawulf Inc.)

Performance by the Company. The Company shall will have performed, satisfied and complied in all material respects with all covenants, covenants and agreements and conditions required by this Agreement to be performed, satisfied or complied with by the CompanyCompany on or before the Closing Date.

Appears in 1 contract

Samples: Stock Purchase Agreement (Cynet Inc)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement and the Registration Rights Agreement to be performed, satisfied or complied with by the Company.Company at or prior to the Series B Closing;

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (Glasgal Communications Inc)

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

Appears in 1 contract

Samples: Securities Purchase Agreement (Netcurrents Inc/)

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