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 (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 Company at or prior to each Condition Satisfaction Date.

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 Company at or prior to each Condition Satisfaction Date.. (e)

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 (includingAgreement, without limitation, the conditions specified in Section 2.5 hereof) and the Registration Rights Agreement and the Escrow Agreement to be performed, satisfied or complied with by the Company at or prior to each Condition Satisfaction Date.

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 Company at or prior to each Condition Satisfaction Date.

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 (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 Company at or prior to each Condition Satisfaction DateCompany.

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 limitationAgreement, the conditions specified in Section 2.5 hereof) Debentures, the Warrants and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to each Condition Satisfaction any Subsequent Closing Date.;

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 Company at or prior to each Condition Satisfaction Datesuch date, nor shall there have occurred an Event of Default under this 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 Company Investor at or prior to each Condition Satisfaction Datesuch Closing.

Performance by the Company. The (I) Subject to Section 2.05, 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 Company at or prior to each Condition Satisfaction Datesuch date, nor shall there have occurred an Event of Default under this 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 Company at or prior to each Condition Satisfaction Date.

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 Company at or prior to each Condition Satisfaction before the Closing Date.;

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 Company at or prior to each Condition Satisfaction Date.

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 2.4 hereof) and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to each Condition Satisfaction Date.

Performance by the Company. (I) 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 Company at or prior to each Condition Satisfaction Datesuch date, nor shall there have occurred an Event of Default under this 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 Company at or prior to each Condition Satisfaction Precedent Date.

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 Company at or prior to each Condition Satisfaction Date.

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 Company at or prior to each Condition Satisfaction Date.

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 (includingAgreement, without limitation, the conditions specified in Section 2.5 hereof) and the Registration Rights Agreement Agreement, the Warrants and the Certificate of Designation to be performed, satisfied or complied with by the Company including, without limitation, Section 4.2 hereof, at or prior to each Condition Satisfaction Datethe Second Closing.

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 limitationAgreement, the conditions specified in Section 2.5 hereof) and Escrow Agreement, the Registration Rights Agreement Agreement, and the Certificate of Designation for the Series B Preferred Stock to be performed, satisfied or complied with by the Company at or prior to each Condition Satisfaction Date.

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 Company at or prior to each Condition Satisfaction Date.

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 (including, without limitation, the conditions specified in Section 2.5 hereof) and the Registration Rights Agreement Warrant to be performed, satisfied or complied with by the Company at on or prior to each the applicable Condition Satisfaction Date.

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 Company at or prior to each Condition Satisfaction Date.

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 (includingAgreement, without limitation, the conditions specified in Section 2.5 hereof) and the Registration Rights Agreement and the Warrant required to be performed, satisfied or complied with by the Company at as of or prior to each the applicable Condition Satisfaction Date.

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 Company at or prior to each Condition Satisfaction Date.

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 limitationAgreement, the conditions specified in Section 2.5 hereof) Certificate of Designation and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to each Condition Satisfaction any Subsequent Closing Date.;

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 Company at or prior to each Condition Satisfaction Advance Notice Date.

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 Company at or prior to each Condition Satisfaction Date.

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 Company at or prior to each Condition Satisfaction Date.

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 performedperforn1ed, satisfied or complied with by the Company at or prior to each Condition Satisfaction Date.

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 (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 Company at on or prior to each the applicable Condition Satisfaction Date.

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 Company at or prior to each Condition Satisfaction Date.

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 limitationAgreement, the conditions specified in Section 2.5 hereof) Certificate of Designation, the Warrants and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to each Condition Satisfaction any Subsequent Closing Date.;

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 (includingAgreement, without limitation, the conditions specified in Section 2.5 hereof) and the Registration Rights Agreement Agreement, the Warrants and the Certificate of Designation to be performed, satisfied or complied with by the Company including, without limitation, Section 4.2, at or prior to each Condition Satisfaction Datethe Put Closing.

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 (includingAgreement, without limitation, the conditions specified in Section 2.5 hereof) and the Registration Rights Agreement Agreement, the Convertible Note and the Warrants to be performed, satisfied or complied with by the Company at or prior to each Condition Satisfaction Date.

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 (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 Company at or prior to each Condition Satisfaction Date.