Performance of 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 at or prior to the Commencement. The Company shall deliver to the Investor on the Commencement Date the compliance certificate substantially in the form attached hereto as Exhibit C (the “Compliance Certificate”).
Appears in 69 contracts
Samples: Common Stock Purchase Agreement (Mullen Automotive Inc.), Common Stock Purchase Agreement (Aditxt, Inc.), Common Stock Purchase Agreement (Annovis Bio, Inc.)
Performance of 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 at or prior to the Commencement. The Company applicable Fixed Request Exercise Date and the applicable Settlement Date and shall deliver have delivered to the Investor on the Commencement applicable Settlement Date the compliance certificate Compliance Certificate substantially in the form attached hereto as Exhibit C (the “Compliance Certificate”).D.
Appears in 27 contracts
Samples: Common Stock Purchase Agreement (Arena Pharmaceuticals Inc), Common Stock Purchase Agreement (Omeros Corp), Common Stock Purchase Agreement (Synta Pharmaceuticals Corp)
Performance of 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 at or prior to the Commencementapplicable Draw Down Exercise Date and the applicable Settlement Date. The Company shall deliver have delivered to the Investor on the Commencement applicable Settlement Date the compliance certificate Compliance Certificate substantially in the form attached hereto as Exhibit C (the “Compliance Certificate”).D.
Appears in 13 contracts
Samples: Common Stock Purchase Agreement (Soul & Vibe Interactive Inc.), Common Stock Purchase Agreement (Soul & Vibe Interactive Inc.), Common Stock Purchase Agreement (Terra Tech Corp.)
Performance of 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 at or prior to the Commencementapplicable Fixed Request Exercise Date and the applicable Settlement Date. The Company shall deliver have delivered to the Investor on the Commencement applicable Settlement Date the compliance certificate Compliance Certificate substantially in the form attached hereto as Exhibit C (the “Compliance Certificate”).D.
Appears in 11 contracts
Samples: Common Stock Purchase Agreement (Globalstar, Inc.), Common Stock Purchase Agreement (Delcath Systems Inc), Common Stock Purchase Agreement (EnteroMedics Inc)
Performance of 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 at or prior to the Commencementapplicable Fixed Request Exercise Date and the applicable Settlement Date. The Company shall deliver have delivered to the Investor on the Commencement applicable Settlement Date the compliance certificate Compliance Certificate substantially in the form attached hereto as Exhibit C (the “Compliance Certificate”).D.
Appears in 8 contracts
Samples: Common Stock Purchase Agreement (Globalstar, Inc.), Common Stock Purchase Agreement (Kv Pharmaceutical Co /De/), Common Stock Purchase Agreement (Microvision Inc)
Performance of 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 at or prior to the CommencementClosing Date. The Company shall deliver have delivered to the Investor on the Commencement Closing Date a written certification by an executive officer of the compliance certificate Company to the foregoing substantially in the form attached hereto as Exhibit C (the “Compliance Certificate”).D.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Realbiz Media Group, Inc), Securities Purchase Agreement (Realbiz Media Group, Inc), Securities Purchase Agreement (Medican Enterprises, Inc.)
Performance of 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 at or prior to the CommencementInitial Closing Date. The Company shall deliver have delivered to the Investor on the Commencement Initial Closing Date a written certification by an executive officer of the compliance certificate Company to the foregoing substantially in the form attached hereto as Exhibit C (the “Compliance Certificate”).D.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Gold Lakes Corp.), Securities Purchase Agreement (Gold Lakes Corp.), Securities Purchase Agreement (HydroPhi Technologies Group, Inc.)
Performance of 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 at or prior to the Commencement. The Company applicable Fixed Request Exercise Date and the applicable Settlement Date and shall deliver have delivered to the Investor on the Commencement applicable Settlement Date the compliance certificate Compliance Certificate substantially in the form attached hereto as Exhibit C (the “Compliance Certificate”).E.
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (Acusphere Inc), Common Stock Purchase Agreement (Pharmacyclics Inc), Common Stock Purchase Agreement (Corgentech Inc)
Performance of 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 at or prior to the Commencementapplicable Fixed Request Exercise Date. The Company shall deliver to the Investor on the Commencement applicable Settlement Date the compliance certificate Compliance Certificate substantially in the form attached hereto as Exhibit C (the “Compliance Certificate”).D.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Humanigen, Inc), Common Stock Purchase Agreement (Bio Key International Inc), Common Stock Purchase Agreement (Amyris, Inc.)
Performance of 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 at or prior to the Commencement. The Company shall deliver to the Investor on the Commencement Date the compliance certificate substantially in the form attached hereto as Exhibit C D (the “Compliance Certificate”).
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Inspire Veterinary Partners, Inc.), Share Purchase Agreement (Lilium N.V.), Share Purchase Agreement (Arrival)
Performance of 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 at or prior to the Commencement. The Company shall deliver to the Investor on the Commencement Date the compliance certificate substantially in the form attached hereto as Exhibit C (the “Compliance an Officer’s Certificate and a Secretary’s Certificate”).
Appears in 3 contracts
Samples: Chef Purchase Agreement (Sonnet BioTherapeutics Holdings, Inc.), Chef Purchase Agreement (Allurion Technologies, Inc.), Chef Purchase Agreement (Better Therapeutics, Inc.)
Performance of 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 at or prior to the Commencementapplicable Fixed Request Exercise Date and the applicable Settlement Date. The Company shall deliver have delivered to the Investor on the Commencement applicable Settlement Date the compliance certificate Compliance Certificate substantially in the form attached hereto as Exhibit C (the “Compliance Certificate”).E.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (DryShips Inc.), Common Stock Purchase Agreement (DryShips Inc.), Common Stock Purchase Agreement (DryShips Inc.)
Performance of 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 at or prior to the Commencementapplicable Closing Date. The Company shall deliver have delivered to the Investor on the Commencement applicable Closing Date a written certification by an executive officer of the compliance certificate substantially in Company to the form attached hereto as Exhibit C (the “Compliance Certificate”)foregoing effect.
Appears in 3 contracts
Samples: Form of Securities Purchase Agreement (Amyris, Inc.), Form of Securities Purchase Agreement (Amyris, Inc.), Form of Securities Purchase Agreement (Amyris, Inc.)
Performance of 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 at on or prior to the Commencement. The Company shall deliver to the Investor on the Commencement Date the compliance certificate substantially in the form attached hereto as Exhibit C (the “Compliance Certificate”)Second Tranche Closing Date.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Adial Pharmaceuticals, Inc.), Stock Purchase Agreement (Adial Pharmaceuticals, Inc.), Stock Purchase Agreement (Adial Pharmaceuticals, Inc.)
Performance of 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 at or prior to the Commencement. The Company applicable Fixed Request Exercise Date and the applicable Settlement Date and shall deliver have delivered to the Investor on the Commencement Date the compliance certificate Compliance Certificate substantially in the form attached hereto as Exhibit C (the “Compliance Certificate”).E.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Nanogen Inc), Common Stock Purchase Agreement (Isis Pharmaceuticals Inc), Common Stock Purchase Agreement (Cv Therapeutics Inc)
Performance of 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 at on or prior to the Commencement. The Company shall deliver to the Investor on the Commencement Date the compliance certificate substantially in the form attached hereto as Exhibit C (the “Compliance Certificate”)First Tranche Closing Date.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Adial Pharmaceuticals, Inc.), Stock Purchase Agreement (Adial Pharmaceuticals, Inc.), Stock Purchase Agreement (Adial Pharmaceuticals, Inc.)
Performance of 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 at or prior to the Commencement. The Company shall deliver to the Investor on the Commencement Date the compliance certificate substantially in the form attached hereto as Exhibit C (the “Compliance Certificate”).
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (MMTec, Inc.), Common Stock Purchase Agreement (MMTec, Inc.)
Performance of 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 at or prior to the Commencement. The Company shall deliver to the Investor on the Commencement Date the compliance certificate substantially in the form attached hereto as Exhibit C B (the “Compliance Certificate”).
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (TradeUP Acquisition Corp.), Common Stock Purchase Agreement (Tempo Automation Holdings, Inc.)
Performance of the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions precedent required by this Agreement and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to the Commencement. The Company shall deliver have delivered to the Investor on or as of the Commencement Date the compliance certificate substantially in the form attached hereto as Exhibit C (the “Compliance Certificate”).
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Aesther Healthcare Acquisition Corp.), Common Stock Purchase Agreement (Aesther Healthcare Acquisition Corp.)
Performance of 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 at or prior to the Commencement. The Company shall deliver to the Investor on the Commencement Date the a compliance certificate substantially in the form attached hereto as Exhibit C C, subject to any disclosures made pursuant to Section 6.16(i) (the “Compliance Certificate”).
Appears in 1 contract
Samples: Ordinary Share Purchase Agreement (Bitdeer Technologies Group)
Performance of 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 at or prior to the Commencement. The Company shall deliver to the Investor on the Commencement Date the compliance certificate substantially Compliance Certificate in the form attached hereto as Exhibit C (the “Compliance Certificate”)hereto.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Inflection Point Acquisition Corp.)
Performance of 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 at or prior to the Commencement. The Company shall deliver to the Investor on the Commencement Date the compliance certificate substantially in the form attached hereto as Exhibit C (the “Compliance an Officers’ Certificate and a Secretary’s Certificate”).
Appears in 1 contract
Performance of 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 at or prior to the Commencement. The Company shall deliver to the Investor on the Commencement Date the compliance certificate substantially in the form attached hereto as Exhibit C (the “a) a Secretary Certificate and (b) a Compliance Certificate”), in each case dated as of the Commencement Date.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Delwinds Insurance Acquisition Corp.)
Performance of 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 at or prior to the Commencement. The Company shall deliver to the Investor on the Commencement Date the compliance certificate substantially in the form attached hereto as Exhibit C (the “a Compliance Certificate”).
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Biotech Acquisition Co)
Performance of 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 at or prior to the Commencement. The Company shall deliver to the Investor on the Commencement Date the compliance certificate substantially in the form attached hereto as Exhibit C (the “Compliance Certificate”).. 37
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Terran Orbital Corp)
Performance of 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 at or prior to the Commencement. The Company shall deliver to the Investor on the Commencement Date the compliance certificate substantially in the form attached hereto as Exhibit C (the “Compliance Certificate”).. (iii)
Appears in 1 contract
Performance of 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 at or prior to the Commencement. The Company shall deliver to the Investor on the Commencement Date the compliance certificate substantially in the form attached hereto as Exhibit C (the “Compliance Certificate”).
Appears in 1 contract
Performance of 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 at or prior to the Commencement. The Company shall deliver to the Investor on the Commencement Date the closing certificate substantially in the form attached hereto as Exhibit C and a compliance certificate substantially in the form attached hereto as Exhibit C D (the “Compliance Certificate”).
Appears in 1 contract
Samples: Common Shares Purchase Agreement (Roivant Sciences Ltd.)
Performance of 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 at or prior to the Commencementapplicable Purchase Condition Satisfaction Time. The Company shall deliver have delivered to the Investor on at or prior to the Commencement Date applicable Purchase Condition Satisfaction Time the compliance certificate Compliance Certificate substantially in the form attached hereto as Exhibit C (the “Compliance Certificate”).G.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Evofem Biosciences, Inc.)
