Common use of Performance by the Company Clause in Contracts

Performance by the Company. The Company shall have performed, ----------------------------- satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents to be performed by closing.

Performance by the Company. The Company shall have performed, ----------------------------- satisfied ---- -------------------------- and complied in all respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed performed, satisfied or complied with by closing.the Company at or 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 the Transaction Documents this Agreement to be performed performed, satisfied or complied with by closing.the Company at or prior to the Secondary 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 the Transaction Documents this Agreement to be performed performed, satisfied or complied with by closingthe Company at or prior to the Closing. Without limiting the generality of the foregoing, with respect to the Second Tranche Closing, the Company shall have timely filed the Current Report on Form 8-K required under Article 3.

Performance by the Company. The Company 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 performed, satisfied or complied with by closingthe Company at or prior to the First Tranche 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 the Transaction Documents to be performed performed, satisfied or complied with by closingthe Company between the Closing Date and the Additional Funding 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 the Transaction Documents this Agreement to be performed performed, satisfied or complied with by closing.the Company at or prior to the Closing ;

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

Performance by the Company. The Company shall have performed, ----------------------------- -------------------------- satisfied and complied with all covenants, agreements and conditions required by this Agreement and the Transaction Documents Warrants to be performed performed, satisfied or complied with by closing.the Company between the Initial Closing Date and the Additional Closing Date;

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

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

Performance by the Company. The Company shall have -------------------------- performed, ----------------------------- satisfied and complied in all respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed performed, satisfied or complied with by closingthe Company including, without limitation, Section 4.2, at or prior to the First 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 the Transaction Documents this Agreement to be performed performed, satisfied or complied with by closingthe Company at or prior to 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 the Transaction Documents to be performed performed, satisfied or complied with by closing.the Company at or prior to the Series H Closing Date;

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

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

Performance by the Company. The Company shall have performed, ----------------------------- satisfied performed and complied in all material respects with all of its covenants, agreements and conditions required by obligations hereunder through the Transaction Documents to be performed by closingClosing.

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

Performance by the Company. The Company shall have performed, ----------------------------- -------------------------- satisfied and complied in all respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed performed, satisfied or complied with by closingthe Company at or prior to the Initial 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 the Transaction Documents this Agreement to be performed performed, satisfied or complied with by closingthe Company at or prior to 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 the Transaction Documents this Agreement to be performed performed, satisfied or complied with by closing.the Company at or prior to the Primary 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 and the other Transaction Documents to be performed performed, satisfied or complied with by closing.the Company at or prior to the First Tranche Closing;