Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such Closing.
Appears in 93 contracts
Samples: Share Purchase Agreement (Forwardly, Inc.), Preferred Stock Purchase Agreement (TypTap Insurance Group, Inc.), Series C Preferred Stock Purchase Agreement (Caribou Biosciences, Inc.)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 79 contracts
Samples: Shares Purchase Agreement (Baidu, Inc.), Stock Purchase Agreement (Displaytech Inc), Stock Purchase Agreement (Aethlon Medical Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such the Closing.
Appears in 47 contracts
Samples: Securities Purchase Agreement (Comstock Inc.), Stock Purchase Agreement (China Tel Group Inc), Securities Purchase Agreement (Torvec Inc)
Performance. The Company shall have performed and complied with all All covenants, agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such Closingprior to the Closing Date shall have been performed or complied with by the Company in all material respects.
Appears in 47 contracts
Samples: Securities Purchase Agreement (Amacore Group, Inc.), Securities Exchange Agreement (Medical Media Television, Inc.), Subscription Agreement (Black Elk Energy Offshore Operations, LLC)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 32 contracts
Samples: Share Subscription Agreement (Tencent Music Entertainment Group), Share Subscription Agreement (Tencent Music Entertainment Group), Share Subscription Agreement (Tencent Music Entertainment Group)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such Closing.
Appears in 28 contracts
Samples: Series F Preferred Stock and Warrant Purchase Agreement (Winc, Inc.), Stock Purchase Agreement (Arrowhead Research Corp), Convertible Note Purchase Agreement (Ceres, Inc.)
Performance. The Company shall will have performed and complied in all material respects with all agreements, covenants, agreements, obligations and conditions contained in required by this Agreement that are required to be performed or complied with by the Company on or before such prior to the Closing.
Appears in 20 contracts
Samples: Asset Purchase Agreement (Veri-Tek International, Corp.), Agreement and Plan of Merger (Aftermarket Enterprises, Inc.), Agreement and Plan of Merger (Cardiff International Inc)
Performance. The Company shall have performed and complied with ----------- all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 20 contracts
Samples: Preferred Stock Purchase Agreement (Avantgo Inc), Preferred Stock Purchase Agreement (Avantgo Inc), Preferred Stock Purchase Agreement (Avantgo Inc)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such the Closing.
Appears in 17 contracts
Samples: Stock Purchase Agreement (TESARO, Inc.), Agreement and Plan of Merger (IMARA Inc.), Preferred Shares Purchase Agreement (360 Finance, Inc.)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such Closingprior to the Closing Date.
Appears in 16 contracts
Samples: Securities Purchase Agreement (HTG Molecular Diagnostics, Inc), Securities Purchase Agreement (Milestone Pharmaceuticals Inc.), Securities Purchase Agreement (Arrowhead Research Corp)
Performance. The Company shall have performed and complied complied, in all material respects, with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such the Closing, including, without limitation, the delivery by the Company of the items contemplated by Section 1.4(a).
Appears in 15 contracts
Samples: Securities Purchase Agreement (Crinetics Pharmaceuticals, Inc.), Securities Purchase Agreement (Taysha Gene Therapies, Inc.), Securities Purchase Agreement (Tempest Therapeutics, Inc.)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such Closingprior to the Closing Date.
Appears in 15 contracts
Samples: Securities Purchase Agreement (Bellicum Pharmaceuticals, Inc), Securities Purchase Agreement (Intercept Pharmaceuticals Inc), Securities Purchase Agreement (KALA BIO, Inc.)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such Closingthe Closing Date.
Appears in 13 contracts
Samples: Subscription Agreement (Immunocore Holdings PLC), Common Stock Purchase Agreement (Eiger BioPharmaceuticals, Inc.), Common Stock Purchase Agreement (Cytokinetics Inc)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such Closingprior to the Closing Date.
Appears in 13 contracts
Samples: Subscription Agreement (Korro Bio, Inc.), Agreement and Plan of Merger (Magenta Therapeutics, Inc.), Subscription Agreement (ARCA Biopharma, Inc.)
Performance. The Company shall have performed and complied with all All covenants, agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such Closingprior to the Closing Date shall have been performed or complied with.
Appears in 13 contracts
Samples: Preferred Membership Unit Purchase Agreement (FVA Ventures, Inc.), Convertible Preferred Stock Purchase Agreement (Soligen Technologies Inc), Series a Preferred Stock Purchase Agreement (Genaissance Pharmaceuticals Inc)
Performance. The Company shall have performed and complied with all All covenants, agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by the Company on at or before such Closingprior to the Closing shall have been performed or complied with.
Appears in 12 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Collegium Pharmaceutical, Inc), Convertible Preferred Stock Purchase Agreement (Collegium Pharmaceutical Inc), Convertible Preferred Stock Purchase Agreement (Collegium Pharmaceutical, Inc)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations agreements and conditions covenants contained in this Agreement that are required to be performed or complied with by the Company it on or before such the date of the Closing.
Appears in 9 contracts
Samples: Repurchase Agreement (Validus Holdings LTD), Repurchase Agreement (Validus Holdings LTD), Repurchase Agreement (FBL Financial Group Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations agreements and conditions contained in this Agreement that are herein required to be performed or complied with by it prior to or at the Company on or before such ClosingClosing Date.
Appears in 8 contracts
Samples: Stock Purchase Agreement (Nuvelo Inc), Common Stock Purchase and Registration Rights Agreement (Archemix Corp.), Stock Purchase Agreement (Archemix Corp.)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by the Company on prior to or before such at the Closing.
Appears in 8 contracts
Samples: Securities Purchase Agreement (2050 Motors, Inc.), Securities Purchase Agreement (Grover Vikram P), Securities Purchase Agreement (2050 Motors, Inc.)
Performance. The Company shall have performed and complied complied, in all material respects, with all covenantseach agreement, agreements, obligations covenant and conditions contained in obligation required by this Agreement that are required to be so performed or complied with by the Company on at or before such the Closing.
Appears in 8 contracts
Samples: Agreement and Plan of Merger and Reorganization (Knot Inc), Agreement and Plan of Merger (Getty Images Inc), Share Purchase Agreement (Pxre Group LTD)
Performance. The Company shall have performed in all material respects all covenants and complied with all covenants, agreements, obligations and conditions agreements contained in this Agreement that are required to be performed or complied with by the Company on or before such prior to the Closing.
Appears in 7 contracts
Samples: Common Stock Purchase Agreement (N-Able, Inc.), Stock Purchase Agreement (Hecht Peter M), Common Stock Purchase Agreement (Cyclerion Therapeutics, Inc.)
Performance. The Company shall have performed and complied with all agreements, covenants, agreements, obligations and conditions contained in this Agreement in all material respects that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 7 contracts
Samples: Stock Purchase Agreement (Hyperion Partners Ii Lp), 1 Stock Purchase Agreement (Transworld Home Healthcare Inc), Stock Purchase Agreement (Transworld Home Healthcare Inc)
Performance. The Company shall have performed and complied with with, in all covenantsmaterial respects, agreements, obligations all covenants and conditions contained in agreements required by this Agreement that are required to be performed or complied with by the Company on or before such Closingprior to the Closing Date.
Appears in 6 contracts
Samples: Share Purchase Agreement (Power Solutions International, Inc.), Exchange Agreement (Spotify Technology S.A.), Exchange Agreement (Spotify Technology S.A.)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company Investor on or before such the Closing.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Catasys, Inc.), Securities Purchase Agreement (Hythiam Inc), Securities Purchase Agreement (Hythiam Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations agreements and conditions covenants contained in this Agreement that are herein required to be performed or complied with by the Company on it prior to or before at such ClosingClosing Date.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Radical Holdings Lp), Securities Purchase Agreement (Immediatek Inc), Securities Purchase Agreement (Immediatek Inc)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations of its agreements and conditions covenants contained in this Agreement that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Summit Aviation Partners LLC), Securities Purchase Agreement (Fly Leasing LTD), Securities Purchase Agreement (Fly Leasing LTD)
Performance. The Company shall have performed and complied complied, in all material respects, with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such Closing.
Appears in 5 contracts
Samples: Common Stock Purchase Agreement (Denali Therapeutics Inc.), Common Stock Purchase Agreement (Denali Therapeutics Inc.), Common Stock Purchase Agreement (Arcellx, Inc.)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such the Initial Closing.
Appears in 5 contracts
Samples: Note Purchase Agreement (Colonnade Acquisition Corp. II), Series a Preferred Stock Purchase Agreement (Immunome Inc.), Convertible Note Purchase Agreement (Redaptive, Inc.)
Performance. The Company shall have performed and complied with with, in all covenantsmaterial respects, agreementseach agreement, obligations covenant and conditions contained in obligation required by this Agreement that are required to be so performed or complied with by the Company on at or before such the Closing.
Appears in 5 contracts
Samples: Subscription Agreement (Vertex Industries Inc), Preferred Stock Purchase Agreement (Ameriquest Technologies Inc), Subscription Agreement (Midmark Capital Lp)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such the Initial Closing.
Appears in 5 contracts
Samples: Convertible Note and Series F Preferred Stock Purchase Agreement (Renren Inc.), Note and Warrant Purchase Agreement (Zagg INC), Preferred Stock Purchase Agreement (Planet Zanett Inc)
Performance. The Company shall have performed and complied in all material respects with all covenantsother conditions, agreements, obligations covenants and conditions agreements contained in this Agreement that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 5 contracts
Samples: Common Stock Purchase Agreement (MEI Pharma, Inc.), Common Stock Purchase Agreement (Intrexon Corp), Purchase Agreement (BFC Financial Corp)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such Closingthe Closing Date.
Appears in 5 contracts
Samples: Investors Rights Agreement (ECMOHO LTD), Share Subscription Agreement (ECMOHO LTD), Stock Purchase Agreement
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such the First Closing.
Appears in 4 contracts
Samples: Voting Agreement (WhiteSmoke, Inc.), Preferred Stock Purchase Agreement (Simplex Solutions Inc), Convertible Redeemable Preferred Stock Purchase Agreement (Cotelligent Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such Closing.
Appears in 4 contracts
Samples: Securities Purchase Agreement (IntelliHome, Inc.), Series a Preferred Stock Purchase Agreement (IntelliHome, Inc.), Series a Preferred Stock Purchase Agreement (IntelliHome, Inc.)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such Closingthe Agreement Date or the Initial Closing Date, as applicable.
Appears in 4 contracts
Samples: Convertible Notes Purchase Agreement (Uber Technologies, Inc), Convertible Notes Purchase Agreement (Uber Technologies, Inc), Convertible Notes Purchase Agreement (Uber Technologies, Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such each Closing.
Appears in 4 contracts
Samples: Preferred Stock Purchase Agreement (Anterios Inc), Series B Preferred Stock Purchase Agreement (Anterios Inc), Series B Preferred Stock Purchase Agreement (Anterios Inc)
Performance. The Company shall have performed and complied with with, in all covenantsmaterial respects, agreementseach agreement, obligations covenant and conditions contained in obligation required by this Agreement that are required to be so performed or complied with by the Company on it at or before such the Closing.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Netgateway Inc), Agreement and Plan of Merger (Netgateway Inc), Agreement and Plan of Merger (Galaxy Enterprises Inc /Nv/)
Performance. The Company and each of its subsidiaries shall have performed and complied in all material respects with all covenants, agreements, obligations conditions and conditions covenants contained in this Agreement that are herein required to be performed or complied with by it prior to or at the Company on or before such Closing, including without limitation the covenants set forth in Section 3.
Appears in 4 contracts
Samples: Put Agreement (Ifx Corp), Put Agreement (Ifx Corp), Put Agreement (Ifx Corp)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such Closing.
Appears in 4 contracts
Samples: Membership Unit Purchase Agreement (Isun, Inc.), Note and Warrant Purchase Agreement (Stronghold Digital Mining, Inc.), Preferred Stock Purchase Agreement (Capstone Therapeutics Corp.)
Performance. The Company shall have performed and complied with ----------- all covenants, agreements, obligations and conditions contained in this Agreement and the Related Agreements that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 4 contracts
Samples: Preferred Stock Purchase Agreement (Petopia Com Inc), Preferred Stock Purchase Agreement (Petopia Com Inc), Preferred Stock Purchase Agreement (Petopia Com Inc)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in this Agreement that are covenants required herein to be performed or complied with by the Company it on or before such the Closing.
Appears in 4 contracts
Samples: Agreement of Merger (Avant Corp), Agreement of Merger (Sparta Foods Inc), Agreement of Merger (Cenex Harvest States Cooperatives)
Performance. The Company shall have performed and complied with all All the covenants, agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such Closingprior to the Closing Date shall have been performed or complied with in all material respects, and the Company shall have so certified to the Purchaser in writing.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Brandywine Realty Trust), Preferred Stock Purchase Agreement (Ep Medsystems Inc), Preferred Stock Purchase Agreement (Ep Medsystems Inc)
Performance. The Acquired Company shall have performed and complied with all covenants, agreements, obligations agreements and conditions contained in covenants that it is required to perform or comply with pursuant to this Agreement that are required prior to be performed or complied with by the Company on or before such Closing.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Kite Realty Group Trust), Agreement and Plan of Merger (Kite Realty Group Trust), Agreement and Plan of Merger (Kite Realty Group Trust)
Performance. The Company shall have performed and complied with all covenantseach agreement, agreements, obligations covenant and conditions contained in obligation required by this Agreement that are required to be so performed or complied with by the Company on it in all material respects at or before such the Closing.
Appears in 4 contracts
Samples: Repurchase Agreement (China Biologic Products, Inc.), Repurchase Agreement (Chan Ling Siu), Redemption Agreement (China Biologic Products, Inc.)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such the Closing and shall have delivered the Transaction Documents as of each Closing.
Appears in 4 contracts
Samples: Class B Preferred Unit Purchase Agreement (Learn SPAC HoldCo, Inc.), Limited Liability Company Agreement (Learn SPAC HoldCo, Inc.), Preferred Unit Purchase Agreement (Learn SPAC HoldCo, Inc.)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations obligations, covenants and conditions contained in this Agreement that are required to be performed or complied with by the Company on it at or before such the Closing.
Appears in 4 contracts
Samples: Series E Preferred Stock Purchase Agreement (Roka BioScience, Inc.), Series E Preferred Stock Purchase Agreement (Roka BioScience, Inc.), Series E Preferred Stock and Warrant Purchase Agreement (Roka BioScience, Inc.)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such the Second Closing.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Versicor Inc /Ca), Stock Purchase Agreement (Versicor Inc /Ca), Convertible Redeemable Preferred Stock Purchase Agreement (Cotelligent Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such Closingthe Execution Date.
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (Cytokinetics Inc), Common Stock Purchase Agreement (Cytokinetics Inc), Common Stock Purchase Agreement (Cytokinetics Inc)
Performance. The Company shall have performed and complied with all agreements, covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Maxwell Technologies Inc), Stock Purchase Agreement (99 Cents Only Store), Stock Purchase Agreement (Afem Medical Corp)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations agreements and conditions covenants contained in this Agreement that are herein required to be performed or complied with by it prior to or at the Company on or before such ClosingClosing Date.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Middlefield Banc Corp), Series B Preferred Stock Purchase Agreement (Heat Biologics, Inc.), Subscription Agreement (Gulfwest Energy Inc)
Performance. The Company Members and the Companies shall have performed and complied with all covenants, agreements, obligations obligations, covenants and conditions contained in required by this Agreement that are required to be so performed or complied with by the Company on Members and the Companies at or before such prior to the Closing.
Appears in 3 contracts
Samples: Membership Interest Purchase Agreement (Fortress America Acquisition CORP), Membership Interest Purchase Agreement (Fortress America Acquisition CORP), Membership Interest Purchase Agreement (Fortress America Acquisition CORP)
Performance. The covenants and obligations that the Company is required to comply with or to perform pursuant to this Agreement at or prior to the Amendment Time shall have performed and been complied with and performed in all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such Closingmaterial respects.
Appears in 3 contracts
Samples: Subordinated Senior Secured Convertible Note Amendment Agreement and Waiver (Enerpulse Technologies, Inc.), Convertible Note Amendment Agreement (Verenium Corp), Senior Secured Convertible Note Amendment Agreement and Waiver (Enerpulse Technologies, Inc.)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it pursuant to this Agreement on or before such Closingprior to the Closing Date.
Appears in 3 contracts
Samples: Securities Purchase Agreement (FinTech Acquisition Corp), Series a Preferred Stock Purchase Agreement (Pacific Oak Residential Trust, Inc.), Securities Purchase Agreement (FinTech Acquisition Corp)
Performance. The Company shall have performed and complied with all All covenants, agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before prior to the Closing shall have been performed or complied with in all material respects and at such Closingtime the Company shall not be in default in the performance of or compliance with any of the provisions of this Agreement or of the Restated Certificate.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Century Electronics Manufacturing Inc), Preferred Stock Purchase Agreement (Century Electronics Manufacturing Inc), Preferred Stock Purchase Agreement (Century Electronics Manufacturing Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such Closingthe Closing and shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.
Appears in 3 contracts
Samples: Ordinary Share Purchase Agreement (Stealth BioTherapeutics Corp), Ordinary Share Purchase Agreement (Stealth BioTherapeutics Corp), Ordinary Share Purchase Agreement (Stealth BioTherapeutics Corp)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such each Closing.
Appears in 3 contracts
Samples: Debenture and Warrant Purchase Agreement (Airbee Wireless, Inc.), Note and Warrant Purchase Agreement (Strategic Gaming Investments, Inc.), Common Stock Purchase Agreement (Cytokinetics Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement the Transaction Documents that are required to be performed or complied with by the Company on or before such the Closing.
Appears in 3 contracts
Samples: And Warrant Purchase Agreement (Coupon Express, Inc.), Senior Note and Warrant Purchase Agreement (Coupon Express, Inc.), And Warrant Purchase Agreement (Psi Corp)
Performance. The Company Corporation shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 3 contracts
Samples: Series B Preferred Stock Purchase Agreement (KonaRed Corp), Series a Preferred Stock Purchase Agreement (Willsey Gregory Thomas), Series a Preferred Stock Purchase Agreement (KonaRed Corp)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in this Agreement and the other Transaction Documents that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 3 contracts
Samples: Share Subscription Agreement (Tencent Music Entertainment Group), Share Subscription Agreement, Share Subscription Agreement (Tencent Music Entertainment Group)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such Closing.
Appears in 3 contracts
Samples: Series E Preferred Stock Purchase Agreement (Glowpoint, Inc.), Investment Agreement (Five Below, Inc), Series E Preferred Stock Purchase Agreement (XpresSpa Group, Inc.)
Performance. The Company shall have performed and complied with with, in all covenantsmaterial respects, agreementseach agreement, obligations covenant and conditions contained in obligation required by this Agreement that are required to be so performed or complied with by the Company on at or before such Closingthe Closing Date.
Appears in 3 contracts
Samples: Sokol Subscription Agreement (Midamerican Energy Holdings Co /New/), Sokol David L, Sokol David L
Performance. The Company shall have performed and complied with ----------- all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such Closingthe Closing and the Company shall have obtained any and all consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by the Agreements.
Appears in 3 contracts
Samples: Series E Preferred Stock Purchase Agreement (Drugstore Com Inc), Stock Purchase Agreement (Drugstore Com Inc), Preferred Stock Purchase Agreement (Drugstore Com Inc)
Performance. The Company shall have performed and materially complied with all covenants, agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before prior to the Closing and at such Closingtime the Company shall not be in default in the performance of or compliance with any of the provisions of this Agreement.
Appears in 3 contracts
Samples: Preferred Stock and Warrant Purchase Agreement (Holzer Ronald H), Preferred Stock and Warrant Purchase Agreement (J2 Communications /Ca/), Preferred Stock and Warrant Purchase Agreement (Holzer Ronald H)
Performance. The Company shall have performed in all material respects and materially complied with each and all covenants, agreements, obligations of its covenants and conditions agreements contained in this Agreement that are required to be performed or complied with by the Company it on or before such Closingthe Closing Date.
Appears in 3 contracts
Samples: Securities Transfer Agreement (Signal Apparel Company Inc), Securities Transfer Agreement (Signal Apparel Company Inc), Subscription and Stock Purchase Agreement (Signal Apparel Company Inc)
Performance. The Company shall have performed and complied with all All covenants, agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by the Company on at or before such Closingprior to the Closing shall have been performed or complied with by the Company.
Appears in 3 contracts
Samples: Convertible Preferred Stock Repurchase Agreement (Venture Capital Fund of New England Iii Lp), Convertible Preferred Stock Repurchase Agreement (Occupational Health & Rehabilitation Inc), Convertible Preferred Stock Repurchase Agreement (Cahill Edward L)
Performance. The Company shall have performed and complied in all ----------- material respects with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Onvia Com Inc), Preferred Stock Purchase Agreement (Onvia Com Inc), Preferred Stock Purchase Agreement (Onvia Com Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such Closingin all material respects.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Dynamic Leisure Corp), Common Stock Purchase Agreement (Dynamic Leisure Corp), Common Stock Purchase Agreement (Dynamic Leisure Corp)
Performance. The Company shall have performed and complied in all material respects with all covenantsother conditions, agreements, obligations covenants and conditions agreements contained in this Agreement that are required to be performed or complied with by the Company it on or before such the applicable Closing.
Appears in 3 contracts
Samples: Confidential Treatment Requested (Ultragenyx Pharmaceutical Inc.), Common Stock Purchase Agreement (XOMA Corp), Confidential Treatment Requested (Ultragenyx Pharmaceutical Inc.)
Performance. The Company shall have performed and complied with all covenants, agreementsAgreement, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such the Closing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Anchorage International Holdings Corp.), Stock Purchase Agreement (Anchorage International Holdings Corp.)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such the Third Tranche Closing.
Appears in 2 contracts
Samples: Series D Preferred Stock Purchase Agreement (Proteon Therapeutics Inc), Series D Preferred Stock Purchase Agreement (Proteon Therapeutics Inc)
Performance. The Company shall have performed and complied with all All covenants, agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such Closingprior to the applicable closing shall have been performed or complied with and the Company shall not be in default in the performance of or compliance with any provisions of this Agreement.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Galen Partners Iii L P), Preferred Stock Purchase Agreement (Specialized Health Products International Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are is required to be performed or complied with by the Company it on or before such Closingthe Closing and, except as set forth in Section 2.6, the Company shall have obtained any and all consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by the Agreement and the Agreements.
Appears in 2 contracts
Samples: Convertible Preferred Stock (Voyager Group Usa-Brazil LTD), Preferred Stock Purchase Agreement (Voyager Group Inc/Ca/)
Performance. The Company shall have performed and complied with all covenantsother conditions, agreements, obligations covenants and conditions agreements contained in this Agreement that are required to be performed or complied with by the Company it on or before such the New Investor Closing.
Appears in 2 contracts
Samples: Subscription Agreement (Essent Group Ltd.), Subscription Agreement (Essent Group Ltd.)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations agreements and conditions contained in this Agreement that are required herein to be performed or complied with by the Company on prior to or before such at the Initial Closing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Neutral Tandem Inc), Stock Purchase Agreement (Neutral Tandem Inc)
Performance. The Company shall have performed and complied with with, in all material respects, all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such the Closing.
Appears in 2 contracts
Samples: First Tranche Stock Purchase Agreement (Siebert Financial Corp), Second Tranche Stock Purchase Agreement (Siebert Financial Corp)
Performance. The Company shall have performed and complied with all All covenants, agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such Closingprior to each Closing Date shall have been performed or complied with by the Company in all material respects.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Amacore Group, Inc.), Securities Purchase Agreement (Amacore Group, Inc.)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such each Closing.
Appears in 2 contracts
Samples: Senior Note Purchase Agreement (Aradigm Corp), Senior Note Purchase Agreement (Aradigm Corp)
Performance. The Company shall have performed and or complied with in all covenants, agreements, obligations material respects all agreements and conditions contained in this Agreement that are covenants required to be performed or complied with by it under this Agreement at or prior to the Company on or before such Initial Closing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (CohBar, Inc.), Stock Purchase Agreement (CohBar, Inc.)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 2 contracts
Samples: Series a Preferred Stock Purchase Agreement (General Finance CORP), Preferred Stock Purchase Agreement (General Finance CORP)
Performance. (a) The covenants and obligations that the Company is required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be been duly performed or complied with by the Company on or before such Closingin all material respects.
Appears in 2 contracts
Samples: Equity Interest Purchase Agreement (NGL Energy Partners LP), Equity Interest Purchase Agreement
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement and the Asset Purchase Agreement that are required to be performed by or complied with by the Company it on or before such Closing.
Appears in 2 contracts
Samples: Asset Purchase and Sale Agreement (Prometheus Laboratories Inc), Asset Purchase and Sale Agreement (Prometheus Laboratories Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such the Second Tranche Closing.
Appears in 2 contracts
Samples: Series D Preferred Stock Purchase Agreement (Proteon Therapeutics Inc), Series D Preferred Stock Purchase Agreement (Proteon Therapeutics Inc)
Performance. The Company shall have performed all obligations and complied with all covenants, agreements, obligations and conditions contained in covenants required by this Agreement that are required to be performed or complied with by the Company on or before prior to the date of such Closingadditional advance.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc), Note and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc)
Performance. The Company shall have performed and complied with all covenantsother conditions, agreements, obligations covenants and conditions agreements contained in this Agreement that are required to be performed or complied with by the Company it on or before such Subsequent Closing.
Appears in 2 contracts
Samples: Subscription Agreement (Essent Group Ltd.), Subscription Agreement (Essent Group Ltd.)
Performance. The Company shall have performed and complied in all material respects with all covenantscovenants and agreements contained herein and received any and all consents, agreements, obligations and conditions contained approvals or waivers necessary in this Agreement that are order to complete the transactions required to be performed or complied with by it or prior to or at the Company on or before such Closing.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Semx Corp), Preferred Stock Purchase Agreement (Act Capital America Fund Lp)
Performance. The Company shall will have performed in all material respects all of the covenants and complied with all covenants, agreements, obligations and conditions contained agreements set forth in this Agreement that are expressly required to be performed by it at or complied with prior to the Closing, and will have obtained all consents and approvals required to be obtained by the Company on or before such Closingfor the consummation of the transactions contemplated by this Agreement.
Appears in 2 contracts
Samples: Preferred Redemption Agreement (Skyterra Communications Inc), Investment Agreement (Rare Medium Group Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement and the Transaction Agreements that are required to be performed or complied with by the Company it on or before such Closingeach Subsequent Closing Date.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Millennium Cell Inc), Stock Purchase Agreement (Millennium Cell Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such ClosingAdvance.
Appears in 2 contracts
Samples: Credit Facility Agreement (Marrone Bio Innovations Inc), Credit Facility Agreement (Marrone Bio Innovations Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such the Initial Tranche Closing.
Appears in 2 contracts
Samples: Series D Preferred Stock Purchase Agreement (Proteon Therapeutics Inc), Series D Preferred Stock Purchase Agreement (Proteon Therapeutics Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations agreements and conditions contained in this Agreement that are required herein to be performed or complied with by the Company on prior to or before at such Closingsubsequent closing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Neutral Tandem Inc), Stock Purchase Agreement (Neutral Tandem Inc)
Performance. The Company shall have performed and complied with ----------- all covenants, agreements, obligations obligations, covenants and conditions contained in this Agreement and the Additional Agreements that are required to be performed or complied with by the Company on at or before such the Closing.
Appears in 2 contracts
Samples: Subscription Agreement (Net2phone Inc), Series a Subscription Agreement (General Electric Capital Corp)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Purchase Agreement that are required to be performed or complied with by the Company it on or before such Closing.
Appears in 2 contracts
Samples: Convertible Debenture Purchase Agreement, Convertible Debenture Purchase Agreement
Performance. The Company shall have performed and complied with ----------- all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such the Closing.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Pointe Communications Corp), Preferred Stock Purchase Agreement (Tenfold Corp /Ut)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such Closing.
Appears in 2 contracts
Samples: Investor Repurchase Agreement (Airnet Technology Inc.), Investor Repurchase Agreement (Guo Man)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement and in the other Transaction Documents that are required to be performed or complied with by the Company such entity on or before such the Closing.
Appears in 2 contracts
Samples: Convertible Note and Warrant (Patient Safety Technologies, Inc), Secured Convertible Note and Warrant (Patient Safety Technologies, Inc)
Performance. The Company shall have performed and complied with with, in all material respects, all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company them on or before such Closing.
Appears in 2 contracts
Samples: Share Purchase Agreement (Su Tuo), Share Purchase Agreement (Mercurity Fintech Holding Inc.)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with or by the Company it on or before such the Closing.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Redback Networks Inc), Preferred Stock Purchase Agreement (Limelight Networks, Inc.)
Performance. The Company shall have performed and complied with all All covenants, agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before prior to the Closing shall have been performed or complied with in all material respects and at such Closingtime the Company shall not be in default in the performance of or compliance with any of the provisions of this Agreement or of its Articles of Incorporation.
Appears in 2 contracts
Samples: Preferred Stock Purchase and Option Agreement (Imc Mortgage Co), Preferred Stock Purchase and Option Agreement (Travelers Group Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations obligations, and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such the Closing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Grown Rogue International Inc.), Stock Purchase Agreement (Grown Rogue International Inc.)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations obligations, covenants and conditions contained in this Agreement that are required to be performed or complied with by the Company on it at or before such the Closing.
Appears in 2 contracts
Samples: Series C Preferred Stock (Roka BioScience, Inc.), Series C Preferred Stock (Roka BioScience, Inc.)
