Common use of Performance Clause in Contracts

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

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

Performance. Each The Company and each other Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor it at or prior to the Closing;.

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

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

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

Performance. Each Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by such each Investor at on or prior to before the Closing;.

Performance. Each Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements agreements, obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at on or prior to before the Closing;.

Performance. Each Such Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements agreements, obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at it on or prior to before the Closing;.

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

Performance. Each The Investor 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, satisfied or complied with by such the Investor at or prior to the Closing;.

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

Performance. Each Investor The Investors 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, satisfied or complied with by such Investor the Investors at or prior to the Closing;.

Performance. Each The Investor 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, satisfied or complied with by such the Investor at or prior to the Closing;

Performance. Each The Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements agreements, obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at it on or prior to before the Closing;.

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

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

Performance. Each The Investor 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, satisfied or complied with by such the Investor at or prior to the Closing;.

Performance. Each The Investor 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, satisfied or complied with by such the Investor at or prior to the Closing;Closing Date.

Performance. Each Such Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at on or prior to before the Closing;.

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

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

Performance. Each The Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements agreements, obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by them on or before such Investor at or prior to the Closing;.

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

Performance. Each The Company and each other Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor it at or prior to the Closing;.

Performance. Each Investor shall have performed, satisfied and complied performed in all material respects with all covenants, agreements obligations and conditions covenants herein required by the Transaction Documents to be performed, satisfied or complied with performed by such Investor it at or prior to the Closing;.

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

Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Closing;, including delivery of the items set forth in Section 2.3(b).

Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor them at or prior to the First Closing;.

Performance. Each The Investor shall have performed, satisfied performed and complied in all material respects with all covenantsother conditions, covenants and agreements and conditions contained in this Agreement required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at it on or prior to before the Closing;.

Performance. Each Such Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such the Investor at or prior to the Closing;; and

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

Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such each Investor at or prior to the Closing;

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

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

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

Performance. Each The Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by such the Investor at on or prior to before the Closing;.

Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the each Closing;.

Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Second Closing;

Performance. Each The Company and each other Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor it at or prior to the Closing;Closing Date.

Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such each Investor at or prior to the Closing;; and

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

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

Performance. Each Investor shall have performed, satisfied and complied performed in all material respects all of its obligations and shall have materially complied with each and all covenants, agreements and conditions of its covenants required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at it on or prior to before the Closing;Closing Date, including without limitation the execution and delivery of the agreements and undertakings provided for in this Agreement.

Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the applicable Closing;, including, only with respect to the Subsequent Closing, the satisfaction of the covenant under Section 4.3(b) above.

Performance. Each Investor 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, satisfied or complied with by such Investor at or prior to the Closing;

Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor then at or prior to the Closing;

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

Performance. Each Investor shall have performed, satisfied has performed and complied in all material respects with all covenants, agreements and conditions by it contained herein required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at or it prior to or at the Closing;Closing Date.

Performance. Each The Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements and conditions covenants contained herein required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at or it prior to or at the Closing;First Closing Date.

Performance. Each Investor The Investors shall have performed, satisfied performed and complied in all material respects with all covenants, agreements obligations and conditions required by contained in the Transaction Documents that are required to be performed, satisfied performed or complied with by such Investor at it/him on or prior to before the Closing;.

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

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

Performance. Each Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements obligations and conditions required by contained in the Transaction Documents that are required to be performed, satisfied performed or complied with by such Investor at it/him on or prior to before the Closing;.

Performance. Each The Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements undertakings, agreements, obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor it at or prior to before the Closing;.

Performance. Each Investor shall have performed, satisfied performed and complied in all material respects with all covenantsagreements, agreements obligations and conditions required by the Transaction Documents this Agreement to be performed, satisfied performed or complied with by such Investor at them on or prior to the Closing;.

Performance. Each The applicable Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements agreements, obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at them on or prior to before the Closing;.

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

Performance. Each Investor Investee shall have performed, satisfied performed and complied in all material respects with all covenants, agreements undertakings, agreements, obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor it at or prior to before the Closing;.

Performance. Each Investor shall have performed, ----------- satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Closing;

Performance. Each Investor 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, satisfied or complied with by such Investor at or prior to the Closing;.

Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the ClosingClosing Date;

Performance. Each Investor shall have performed, satisfied has performed and complied in all material respects with all covenants, agreements and conditions contained herein required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at or it prior to or at the Closing;Closing Date.

Performance. Each The Company and each other Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor it at or prior to the First Closing;.

Performance. Each The Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements obligations and conditions required by contained in the Transaction Documents that are required to be performed, satisfied performed or complied with by such Investor at it/him on or prior to before the Closing;.

Performance. Each Investor shall have performed, satisfied performed and complied in all material respects with all covenantsagreements, agreements covenants and conditions contained herein required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at or it prior to or on the Closing;Closing Date.

Performance. Each Investor The Investors 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, satisfied or complied with by such Investor the Investors at or prior to the Closing;, other than with respect to covenants, agreements and conditions of the Investors which are qualified by materiality, which shall be complied with in all respects.

Performance. Each Investor shall have performedperformed and complied, satisfied and complied in all material respects respects, with all covenants, agreements and conditions contained herein required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at or Investors prior to or at such Closing, including the delivery of the appropriate payment for the Series A Shares being purchased at such Closing;.

Performance. Each Such Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor it at or prior to the Closing;.

Performance. Each Such Investor shall have performed, satisfied and complied in all material respects (except as to those EXHIBIT 10-43 covenants, agreements and conditions qualified bymateriality) with all the covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Closing;

Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;Closing and the Lender shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by the Lender at or prior to the Closing under the Purchase Agreement; and

Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the First Closing;

Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Additional Shares Closing;

Performance. Each Investor shall have performed, satisfied and complied performed in all material ----------- respects all of its obligations and shall have materially complied with each and all covenants, agreements and conditions of its covenants required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at it on or prior to before the Closing;Closing Date, including without limitation the execution and delivery of the agreements and undertakings provided for in this Agreement.

Performance. Each Such Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor Investors at or prior to the applicable Closing;.

Performance. Each Investor shall have performedperformed and complied, satisfied and complied in all material respects respects, with all covenantsagreements, agreements obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at it on or prior to before the Closing;.

Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;. MISCELLANEOUS

Performance. Each Investor 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, satisfied or complied with by such Investor at or prior to the Closing;Closing Date.

Performance. Each Investor of the Investors shall have performed, satisfied performed and complied with in all material respects with all covenants, agreements obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at the Investors on or prior to the before Closing;. ​

Performance. Each Investor The Investors and Participating Shareholders shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;.

Performance. Each Investor shall have performedperformed and complied, satisfied and complied in all material respects respects, with all covenants, agreements and conditions contained herein required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at or Investors prior to or at such Closing, including the delivery of the appropriate payment for the Series C Shares being purchased at such Closing;.

Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the First Closing;.

Performance. Each The Company and each other Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor it at or prior to the Closing;

Performance. Each Investor The Investors, the Company and the other Participating Shareholder shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;.

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

Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;, other than with respect to covenants, agreements and conditions of the Investors which are qualified by materiality or by Material Adverse Effect, which shall be complied with in all respects.

Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;, including:

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

Performance. Each The Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements obligations and conditions required by contained in this Agreement and the other Transaction Documents to which it is a party that are required to be performed, satisfied performed or complied with by such the Investor at on or prior to before the Closing;.

Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with with, all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor them at or prior to the Closing;.

Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor it at or prior to the such Closing;; and

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

Performance. Each Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements covenants and conditions obligations in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by such the Investor at on or prior to before the Closing;.

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

Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Second Closing;

Performance. Each Investor 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, satisfied performed or complied with by such Investor at them on or prior to the Closing;Closing Date.

Performance. Each The Investor 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, satisfied or complied with by such the Investor at on or prior to before the Closing;.

Performance. Each Investor of the Investors shall have performed, satisfied performed and complied with in all material respects with all covenants, agreements obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at the Investors on or prior to the before Closing;.

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

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