Covenants. The Company shall have performed and complied in all material respects with all covenants and agreements required by this Agreement to be performed or complied with by it at or prior to the Closing.
Appears in 20 contracts
Samples: Subscription Agreement (Kirkland's, Inc), Stock Purchase Agreement (Libman Brian L), Stock Purchase Agreement (Blackstone Holdings III L.P.)
Covenants. The Company shall have performed and complied in all material respects with all Each of the covenants and agreements obligations that the Company is required by this Agreement to be performed comply with or complied with by it to perform at or prior to the ClosingClosing shall have been complied with and performed in all material respects.
Appears in 16 contracts
Samples: Merger Agreement (Neumora Therapeutics, Inc.), Merger Agreement (Neumora Therapeutics, Inc.), Merger Agreement (Hemisphere Media Group, Inc.)
Covenants. The Company shall have performed and complied in all material respects with all covenants and agreements required by obligations under this Agreement required to be performed or and complied with by it at or the Company prior to the Closing.
Appears in 16 contracts
Samples: Agreement and Plan of Merger (Otonomo Technologies Ltd.), Merger Agreement (KnowBe4, Inc.), Merger Agreement (FireEye, Inc.)
Covenants. The Company shall have performed performed, satisfied and complied in all material respects with all covenants covenants, agreements and agreements conditions required by this Agreement to be performed performed, satisfied or complied with by it the Company at or prior to the ClosingClosing Date.
Appears in 16 contracts
Samples: Securities Exchange Agreement (Volcon, Inc.), Securities Exchange Agreement (Pineapple Energy Inc.), Warrant Exchange Agreement
Covenants. The Company shall have performed and complied in all material respects with all covenants and agreements required by this Agreement to be performed or and complied with by it at or the Company prior to the ClosingEffective Date.
Appears in 15 contracts
Samples: Agreement and Plan of Reorganization and Merger (American Physician Partners Inc), Agreement and Plan of Reorganization and Merger (American Physician Partners Inc), Agreement and Plan of Reorganization and Merger (American Physician Partners Inc)
Covenants. The Company shall have performed and complied in all material respects with all of its covenants and agreements required by contained in this Agreement and in any other Transaction Agreement required to be performed or complied with by it at on or prior to the ClosingClosing Date.
Appears in 13 contracts
Samples: Standby, Securities Purchase and Debt Conversion Agreement (Immersion Corp), Standby, Securities Purchase and Debt Conversion Agreement (Barnes & Noble Education, Inc.), Standby, Securities Purchase and Debt Conversion Agreement
Covenants. The Company shall have performed performed, satisfied and complied in all material respects with all covenants the covenants, agreements and agreements conditions required by this Agreement to be performed performed, satisfied or complied with by it the Company at or prior to the ClosingClosing Date.
Appears in 13 contracts
Samples: Securities Purchase Agreement (MGT Capital Investments, Inc.), Securities Purchase Agreement (MGT Capital Investments Inc), Securities Purchase Agreement (Players Network)
Covenants. The Company shall have performed and complied in all material respects with all covenants covenants, agreements and agreements required by obligations of the Company contained in this Agreement to be performed or complied with by it at or prior to the ClosingAgreement.
Appears in 12 contracts
Samples: Subscription Agreement (Golden Minerals Co), Subscription Agreement (Golden Minerals Co), Subscription Agreement (Sentient Global Resources Fund IV, L.P.)
Covenants. The Company shall have performed and or complied in all material respects with all covenants covenants, agreements and agreements required by conditions contained in this Agreement to be performed or complied with by it at the Company on or prior to the ClosingClosing in all material respects.
Appears in 9 contracts
Samples: Common Stock and Warrant Purchase Agreement (ESS Tech, Inc.), Exclusive License Agreement, Stock Purchase Agreement (OptimizeRx Corp)
Covenants. The Company shall have performed and complied in all material respects with all covenants covenants, obligations and agreements required by of this Agreement required to be performed or and complied with by it the Company at or prior to the Closing.
Appears in 8 contracts
Samples: Merger Agreement (Mesa Laboratories Inc /Co/), Merger Agreement (Cure Pharmaceutical Holding Corp.), Agreement and Plan of Merger
Covenants. The Company shall have performed and complied in all material respects with all covenants and agreements obligations that the Company is required by this Agreement to be performed comply with or complied with by it to perform at or prior to the ClosingClosing shall have been complied with and performed in all material respects.
Appears in 8 contracts
Samples: Merger Agreement (Model N, Inc.), Merger Agreement (Skillz Inc.), Merger Agreement (Okta, Inc.)
Covenants. The Company shall have performed and or complied in all material respects with all covenants covenants, agreements and agreements required by conditions contained in this Agreement to be performed or complied with by it at the Company on or prior to the Closingdate hereof.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Immix Biopharma, Inc.), Securities Purchase Agreement (Aridis Pharmaceuticals, Inc.), Securities Purchase Agreement (Cardiff Oncology, Inc.)
Covenants. The Company shall have performed and complied in all material respects with all of its respective covenants and agreements required by contained in this Agreement and in any other document delivered pursuant to be performed or complied with by it at or prior to this Agreement (including in any Transaction Agreement) through the ClosingClosing Date.
Appears in 7 contracts
Samples: Private Placement Agreement (Addentax Group Corp.), Private Placement Agreement (Addentax Group Corp.), Private Placement Agreement (Trinity Place Holdings Inc.)
Covenants. The Company shall have performed and or complied in all material respects with all covenants covenants, agreements and agreements required by conditions contained in this Agreement to be performed or complied with by it at the Company on or prior to the Closing.
Appears in 5 contracts
Samples: Note Purchase Agreement (T Stamp Inc), Note Purchase Agreement (Clean Energy Fuels Corp.), Note Purchase Agreement (Clean Energy Fuels Corp.)
Covenants. The Company shall have performed in all material respects all obligations and complied in all material respects with all covenants and agreements required by this Agreement to be performed or complied with by it at or prior to the ClosingClosing Date.
Appears in 5 contracts
Samples: Merger Agreement (Nashua Corp), Merger Agreement (Cenveo, Inc), Merger Agreement (Nashua Corp)
Covenants. The Company shall have performed and complied in all material respects with all agreements and covenants and agreements required by this Agreement to be performed or complied with by it at or prior to the Closing.;
Appears in 5 contracts
Samples: Merger Agreement (Astea International Inc), Merger Agreement (General Mills Inc), Merger Agreement (Tumi Holdings, Inc.)
Covenants. The Company shall have performed and complied with all of its covenants and agreements contained in this Agreement and in any other document delivered pursuant to this Agreement (including in any Transaction Agreement) in all material respects with all covenants and agreements required by this Agreement to be performed or complied with by it at or prior to through the ClosingClosing Date.
Appears in 5 contracts
Samples: Equity Purchase and Commitment Agreement, Equity Purchase and Commitment Agreement, Equity Purchase and Commitment Agreement
Covenants. The Company shall Corporation will have performed and or complied in all material respects with all covenants covenants, agreements and agreements required by conditions contained in this Agreement to be performed or complied with by it at the Corporation on or prior to the Closing.
Appears in 5 contracts
Samples: Licensing and Collaboration Agreement (Zymeworks Inc.), Licensing and Collaboration Agreement (Zymeworks Inc.), Collaboration Agreement (Zymeworks Inc.)
Covenants. The Company shall have performed and has complied with or performed, in all material respects with all covenants respects, the covenants, obligations and agreements required by of the Company under this Agreement to be performed or complied with or performed by it at or prior to the Closing.Effective Time;
Appears in 5 contracts
Samples: Merger Agreement (Itamar Medical Ltd.), Merger Agreement, Merger Agreement (Mellanox Technologies, Ltd.)
Covenants. The Company shall have performed and complied in all material respects with all covenants and agreements required by obligations under this Agreement required to be performed or and complied with by it at or the Company prior to or as of the Closing.
Appears in 5 contracts
Samples: Merger Agreement (Fusion-Io, Inc.), Merger Agreement (Network Appliance Inc), Merger Agreement (Planar Systems Inc)
Covenants. The Company shall have performed and or complied in with all material respects with all obligations, agreements and covenants and agreements required by this Agreement to be performed or complied with by it at (including without limitation the Company not having entered into any definitive agreement or prior any agreement in principle with any Person with respect to a Takeover Proposal or similar business combination with the ClosingCompany in violation of Section 5.2).
Appears in 4 contracts
Samples: Merger Agreement (Isco Inc), Merger Agreement (Benthos Inc), Merger Agreement (Isco Inc)
Covenants. The Company shall have performed and or complied in all material respects with all obligations and covenants and agreements required by this Agreement to be performed or complied with by it at the Company on or prior to before the ClosingEffective Time.
Appears in 4 contracts
Samples: Merger Agreement (Pc Tel Inc), Merger Agreement (Pc Tel Inc), Merger Agreement (Pc Tel Inc)
Covenants. The Company shall have performed and complied in all material respects with all covenants and agreements required by this Agreement to be performed or complied with by it at or each of them prior to or at the Closing.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Ixion Biotechnology Inc), Merger Agreement (Texxar Inc), Investment Agreement (Neurocorp LTD)
Covenants. The Company and its Subsidiaries shall have performed and complied complied, in all material respects respects, with all of their respective covenants and agreements required by contained in this Agreement to be performed that contemplate, by their terms, performance or complied with by it at or compliance prior to the ClosingClosing Date.
Appears in 4 contracts
Samples: Backstop Commitment Agreement (Parker Drilling Co /De/), Backstop Commitment Agreement (Parker Drilling Co /De/), Restructuring Support Agreement (Parker Drilling Co /De/)
Covenants. The Company shall have performed in all material respects all obligations and complied in all material respects with all covenants and agreements required by this Agreement to be performed or complied with by it at or prior to the ClosingClosing Date.
Appears in 4 contracts
Samples: Merger Agreement (Johnson Controls Inc), Merger Agreement (Oilgear Co), Merger Agreement (MEDecision, Inc.)
Covenants. The Company shall have performed and complied in all material respects with all covenants obligations and agreements required by in this Agreement to be performed or complied with by it at or prior to the ClosingClosing Date.
Appears in 4 contracts
Samples: Backstop Agreement, Backstop Agreement (CHC Group Ltd.), Plan Support Agreement (CHC Group Ltd.)
Covenants. The Company shall have performed and complied in all material respects with all covenants covenants, agreements and agreements obligations herein required by this Agreement to be performed or and complied with by it the Company at or prior to the Closing.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Alteryx, Inc.), Agreement and Plan of Merger (Castle Biosciences Inc), Agreement and Plan of Merger (Castle Biosciences Inc)
Covenants. The Company shall have performed and or complied in all material respects with all covenants and agreements required by conditions contained in this Agreement to be performed or complied with by it at the Company on or prior to the ClosingClosing in all material respects.
Appears in 4 contracts
Samples: Series B Preferred Stock Purchase Agreement, Series a Preferred Stock Purchase Agreement (PogoTec, Inc.), Series a 1 Preferred Stock Purchase Agreement (PogoTec, Inc.)
Covenants. The Company shall have performed and complied in all material respects with all of its respective covenants and agreements required by contained in this Agreement and in any other document delivered pursuant to be performed or complied with by it at or prior to this Agreement (including in any Transaction Agreement) through the ClosingClosing Date.
Appears in 3 contracts
Samples: Equity Purchase and Commitment Agreement (Hli Operating Co Inc), Equity Purchase and Commitment Agreement (Hli Operating Co Inc), Equity Purchase and Commitment Agreement (Hli Operating Co Inc)
Covenants. The Company shall have performed and or complied in all material respects with all covenants and agreements required by this Agreement to be performed or complied with by it at or prior to the Closing.
Appears in 3 contracts
Samples: Merger Agreement (Sirius Xm Holdings Inc.), Merger Agreement (Polaris Industries Inc/Mn), Merger Agreement (Teleflex Inc)
Covenants. The Company shall have performed and complied in all material respects with all each of its covenants and agreements required by this Agreement to be performed or complied with by it under this Agreement at or prior to the ClosingClosing Date.
Appears in 3 contracts
Samples: Merger Agreement (Journal Media Group, Inc.), Merger Agreement (Assisted Living Concepts Inc), Merger Agreement (Gannett Co., Inc.)
Covenants. The Company shall have performed performed, satisfied and complied in all material respects with all covenants covenants, agreements and agreements conditions required by this Agreement the Transaction Documents to be performed performed, satisfied or complied with by it at or prior to the Closing.;
Appears in 3 contracts
Samples: Stock Purchase Agreement (GTX Inc /De/), Stock Purchase Agreement (Foxhollow Technologies, Inc.), Stock Purchase Agreement (Merck & Co Inc)
Covenants. The Company shall have performed and complied in all material respects with all covenants obligations and agreements required by in this Agreement to be performed or complied with by it at or prior to the ClosingPlan Effective Date.
Appears in 3 contracts
Samples: Backstop Commitment Agreement (Pioneer Energy Services Corp), Restructuring Support Agreement (Pioneer Energy Services Corp), Backstop Agreement (Forbes Energy Services Ltd.)
Covenants. The Company shall have performed and complied have, in all material respects respects, performed all obligations and complied with all covenants and agreements required by this Agreement hereunder to be performed or complied with by it at or prior to the Closing, and a duly authorized officer of the Company shall certify in writing such performance.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement, Common Stock Purchase Agreement (Keurig Green Mountain, Inc.), Common Stock Purchase Agreement (Green Mountain Coffee Roasters Inc)
Covenants. The Company shall have performed and or complied in all material respects with all covenants covenants, agreements and agreements required by conditions contained in this Agreement to be performed or complied with by it at the Company on or prior to the Closingdate of this Agreement in all material respects.
Appears in 3 contracts
Samples: Common Stock Option Agreement (RMG Acquisition Corp. III), Common Stock Option Agreement (RMG Acquisition Corp. III), Common Stock Option Agreement (RMG Acquisition Corp. III)
Covenants. The Company shall have performed and or complied in all material respects with all agreements and covenants and agreements required by this Agreement to be performed or complied with by it at on or prior to the ClosingClosing Date, and Parent shall have received a certificate of the President of the Company to that effect.
Appears in 3 contracts
Samples: Merger Agreement (K N Energy Inc), Merger Agreement (Kinder Richard D), Merger Agreement (Morgan Associates Inc)
Covenants. The Company shall have performed and or complied in all material respects with all covenants covenants, agreements and agreements required by conditions contained in this Agreement to be performed or complied with by it at the Company on or prior to the Closing.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Cinedigm Digital Cinema Corp.), Common Stock Purchase Agreement (Enterprise Networks Holdings, Inc.), Common Stock Purchase Agreement (inContact, Inc.)
Covenants. The Company shall have performed and complied or complied, in all material respects respects, with all the covenants and agreements required by contained in this Agreement required to be performed or complied with by it at on or prior to the ClosingClosing Date.
Appears in 3 contracts
Samples: Exchange Agreement (Max Re Capital LTD), Exchange Agreement (Max Re Capital LTD), Exchange Agreement (Max Re Capital LTD)
Covenants. The Company shall have performed performed, satisfied and complied in all material respects with all covenants the covenants, agreements and agreements conditions required by this Agreement and the other Transaction Documents to be performed performed, satisfied or complied with by it the Company at or prior to the Closing.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Ninteenth Investment Co LLC), Common Stock Purchase Agreement (NextDecade Corp.), Common Stock Purchase Agreement (NextDecade Corp.)
Covenants. The Company shall have performed and complied with all of its covenants hereunder in all material respects with all covenants and agreements required by this Agreement to be performed or complied with by it at or prior to through the Closing.;
Appears in 3 contracts
Samples: Merger Agreement (Intersearch Group Inc), Merger Agreement (Intersearch Group Inc), Merger Agreement (Intersearch Group Inc)
Covenants. The Company shall have performed and or complied in all material respects with all its agreements and covenants and agreements required by this Agreement to be performed or complied with by it at under this Agreement as of or prior to the ClosingEffective Time.
Appears in 3 contracts
Samples: Merger Agreement (Staples Inc), Merger Agreement (Staples Inc), Merger Agreement (Staples Inc)
Covenants. The Company shall have performed and complied in all material respects with all covenants of its covenants, obligations and agreements conditions hereunder required by this Agreement to be performed or and complied with by it at or prior to the Closing.
Appears in 3 contracts
Samples: Merger Agreement (K12 Inc), Merger Agreement (Liveperson Inc), Merger Agreement (Par Pharmaceutical Companies, Inc.)
Covenants. The Company Acquired Companies shall have performed and or complied in all material respects with all the covenants and agreements required by this Agreement to be performed or complied with by it them under this Agreement at or prior to the Closing.
Appears in 2 contracts
Samples: Merger Agreement (Platinum Eagle Acquisition Corp.), Merger Agreement (Platinum Eagle Acquisition Corp.)
Covenants. The Company shall have performed and complied in all material respects with all of its covenants and agreements obligations required by this Agreement to be performed or complied with by it under this Agreement at or prior to the Closing.
Appears in 2 contracts
Samples: Merger Agreement (Blackline, Inc.), Merger Agreement (Blackline, Inc.)
Covenants. The Company shall have performed and complied in all material respects with all covenants agreements and agreements conditions required by this Agreement to be performed or complied with by it at or prior to or on the ClosingFirst Closing Date.
Appears in 2 contracts
Samples: Investment Agreement (TBS International PLC), Investment Agreement (Standard Pacific Corp /De/)
Covenants. The Company shall have performed and complied in all material respects with all covenants and agreements required by obligations under this Agreement and any Related Agreement to which the Company is a party required to be performed or and complied with by it at or the Company prior to the Closing.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Iridex Corp), Asset Purchase Agreement (Iridex Corp)
Covenants. The Company shall have performed in all material respects all obligations, and shall have complied in all material respects with all agreements and covenants and agreements required by this Agreement of the Company to be performed or complied with by it at or prior under this Agreement (including the covenants contained in Section 6.12), and Buyer shall have received a certificate from the Company’s President to the Closingsuch effect.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Plug Power Inc), Stock Purchase Agreement (Smart Hydrogen Inc)
Covenants. The Company shall have performed in all material respects each of the obligations and complied in all material respects with all each of the covenants and agreements required by this Agreement or any other Transaction Document to be performed or complied with by it at on or prior to the ClosingClosing Date. Each Key Person and Company Member shall have performed in all material respects each of the obligations and complied in all material respects with each of the covenants required by this Agreement or any other Transaction Document to be performed or complied with by it on or prior to the Closing Date.
Appears in 2 contracts
Samples: Merger Agreement (Ani Pharmaceuticals Inc), Merger Agreement (Ani Pharmaceuticals Inc)
Covenants. The Company shall have performed and complied in all material respects with all of the covenants and agreements required by this Agreement to be performed or complied with by it at them under this Agreement on or prior to the Closing.
Appears in 2 contracts
Samples: Asset Purchase Agreement (NeuroMetrix, Inc.), Asset Purchase Agreement (NeuroMetrix, Inc.)
Covenants. The Company shall have performed and complied in all material respects with all covenants and agreements required by this Agreement to be performed or complied with by it at or prior to the Initial Closing.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Array Technologies, Inc.), Subscription Agreement (Ch2m Hill Companies LTD)
Covenants. The Company and the Subsidiaries shall have performed and complied in all material respects with all covenants and agreements required by this Agreement to be performed or complied with by it at on or prior to before the Closing.Closing Date; 8.3
Appears in 2 contracts
Samples: Merger Agreement (PTC Inc.), Merger Agreement
Covenants. The Company shall have performed and complied in all material respects with all covenants and agreements required by this Agreement to be performed or complied with by it at on or prior to before the ClosingClosing Date.
Appears in 2 contracts
Samples: Merger Agreement (Columbia Care Inc.), Merger Agreement (Columbia Care Inc.)
Covenants. The Company shall have performed and complied in all material respects with all of its covenants and agreements required by obligations in this Agreement that are to be performed or complied with by it at or prior to the Closing.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Phillips Van Heusen Corp /De/), Securities Purchase Agreement (Phillips Van Heusen Corp /De/)
Covenants. The Company shall have performed and complied with in all material respects with all covenants and agreements required by this Agreement to be performed or complied with by it at or prior to the Closing.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Starr International Co Inc), Securities Purchase Agreement (China MediaExpress Holdings, Inc.)
Covenants. The Company shall have performed in all material respects the obligations, and complied in all material respects with all covenants the agreements and agreements covenants, required by this Agreement to be performed by, or complied with by by, it under this Agreement at or prior to the Closing.;
Appears in 2 contracts
Samples: Asset Purchase Agreement (Harsco Corp), Asset Purchase Agreement (Chart Industries Inc)
Covenants. The Company shall have performed and complied complied, in all material respects respects, with all its covenants and agreements required by contained in this Agreement to be performed that contemplate, by their terms, performance or complied with by it at or compliance prior to the ClosingClosing Date.
Appears in 2 contracts
Samples: Restructuring Support Agreement (Chesapeake Energy Corp), Backstop Commitment Agreement
Covenants. The Company shall have performed and or complied in all material respects with all agreements and covenants and agreements required by this Agreement to be performed or complied with by it at on or prior to before the First Closing.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Babcock & Wilcox Co), Securities Purchase Agreement (Usec Inc)
Covenants. The Company shall have performed and complied with all of its covenants hereunder that are required to be performed prior to Closing in all material respects with all covenants and agreements required by this Agreement to be performed or complied with by it at or prior to through the Closing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (PHC Inc /Ma/), Stock Purchase Agreement (PHC Inc /Ma/)
Covenants. The Company shall have performed and complied with or performed, in all material respects with respects, all covenants covenants, obligations and agreements required by of the Company under this Agreement to be performed or complied with or performed by it at or prior to the ClosingEffective Time.
Appears in 2 contracts
Covenants. The Company shall have performed and or complied in all material respects with all covenants and agreements required by of the Company in this Agreement to be performed or complied with by it at or prior to the ClosingAgreement.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Colonial Bancgroup Inc), Stock Purchase Agreement (Colonial Bancgroup Inc)
Covenants. The Company shall have performed and or complied in all material respects with all agreements and covenants and agreements required by this Agreement to be performed or complied with by it at or prior to the ClosingClosing Date. Purchasers shall have received a certificate to such effect signed on behalf of the Company by an authorized executive officer of the Company.
Appears in 2 contracts
Samples: Equity Purchase Agreement, Stock Purchase Agreement (Aradigm Corp)
Covenants. The Company shall will have performed performed, satisfied and complied in all material respects with all covenants covenants, agreements and agreements conditions required by this Agreement to be performed performed, satisfied or complied with by it at the Company on or prior to before the ClosingClosing Date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Cedar Shopping Centers Inc), Securities Purchase Agreement (Cedar Shopping Centers Inc)
Covenants. The Company shall have performed and complied in all material respects with all the covenants and agreements obligations required by this Agreement to be performed or complied with by it under the Agreement at or prior to the ClosingClosing and the Company shall have complied with Section 4.1(b)(vii) in all respects other than breaches that are de minimis in amount and nature.
Appears in 2 contracts
Samples: Merger Agreement (Datalink Corp), Merger Agreement (Insight Enterprises Inc)
Covenants. The Company shall have performed and complied in all material respects with all of the covenants and agreements required by this Agreement to be performed by the Company under the Purchaser Documents on or complied with before the Closing Date, and the Company shall execute and deliver a certificate to such effect by it at or prior to an officer of the ClosingCompany.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Patel Sanjay H), Securities Purchase Agreement (THCG Inc)
Covenants. The Company shall have complied with or performed and complied in all material respects its obligations required to be complied with all covenants and agreements required or performed by it pursuant to this Agreement to be performed or complied with by it at or prior to the Subsequent Closing.
Appears in 2 contracts
Samples: Investment Agreement (Ii-Vi Inc), Investment Agreement (Ii-Vi Inc)
Covenants. The Company Each of the Companies and the Shareholders shall have performed and complied in all material respects with all covenants and agreements required by this Agreement to be performed or complied with by it at or each of them prior to or at the Closing.
Appears in 2 contracts
Samples: Acquisition Agreement (Paravant Computer Systems Inc /Fl/), Acquisition Agreement (Paravant Computer Systems Inc /Fl/)
Covenants. The Company shall have performed and complied in all material respects with all covenants covenants, agreements, obligations and agreements required by conditions contained in this Agreement that are required to be performed or complied with by it at the Company as of or prior to before the Closing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (ACM Research, Inc.), Stock Purchase Agreement (ACM Research, Inc.)
Covenants. The Company shall have performed and or complied in all material respects with all agreements and covenants and agreements required by this Agreement the Transaction Documents to be performed or complied with by it at on or prior to before the Third Closing.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Babcock & Wilcox Co), Securities Purchase Agreement (Usec Inc)
Covenants. The Company shall have performed and or complied in all material respects with all obligations, agreements and covenants and agreements required by this Agreement to be performed or complied with by it at (including without limitation the Company not having entered into any definitive agreement or prior any agreement in principle with any Person with respect to a Takeover Proposal or similar business combination with the ClosingCompany in violation of Section 5.2).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Teledyne Technologies Inc), Merger Agreement (Bolt Technology Corp)
Covenants. The Company shall have performed and complied in all material respects with all covenants and agreements required by set forth in this Agreement required to be performed or complied with by it at or prior to the ClosingClosing Date.
Appears in 2 contracts
Samples: Asset Purchase Agreement (STRATA Skin Sciences, Inc.), Asset Purchase Agreement (Ra Medical Systems, Inc.)
Covenants. The Company shall have performed and or complied in all material respects with all agreements and covenants and agreements required by this Agreement the Transaction Documents to be performed or complied with by it at on or prior to before the Second Closing.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Babcock & Wilcox Co), Securities Purchase Agreement (Usec Inc)
Covenants. The Company shall have performed and complied in all material respects with all covenants and agreements required by this Agreement to be performed or complied with by it at on or prior to the ClosingEffective Date.
Appears in 2 contracts
Samples: Subscription Agreement (Versant International, Inc.), Subscription Agreement (Signature Group Holdings Inc)
Covenants. The Company shall have performed and complied in all material respects with all of the covenants and agreements required by this Agreement to be performed or complied with by it at or the Company hereunder prior to the ClosingClosing Date.
Appears in 2 contracts
Samples: Convertible Note and Warrant Purchase Agreement (Digital Domain Media Group, Inc.), Convertible Note and Warrant Purchase Agreement (Digital Domain Media Group, Inc.)
Covenants. The Company shall have performed and complied in all material respects with all of the covenants and agreements required by this Agreement to be performed by them under this Agreement before or complied with by it at or prior to on the Closing.Closing Date;
Appears in 2 contracts
Samples: Merger Agreement (Sanara MedTech Inc.), Merger Agreement (Limelight Networks, Inc.)
Covenants. The Company shall have performed and complied in all material respects with all covenants and agreements required by this Agreement to be performed or complied with by it at or prior to or at the Closing.
Appears in 2 contracts
Samples: Investment Agreement (American Interactive Media Inc), Investment Agreement (Americas Shopping Mall Inc)
Covenants. The Company shall have performed and complied in all material respects with all covenants and agreements required by obligations under this Agreement required to be performed or and complied with by it at or prior to as of the ClosingClosing Date.
Appears in 2 contracts
Samples: Merger Agreement (Pegasystems Inc), Merger Agreement (Altiris Inc)
Covenants. The Company shall have performed and complied in all material respects with all covenants and agreements required by this Agreement to be performed or complied with by it at or prior to the Closing.;
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sibanye Gold LTD), Agreement and Plan of Merger (Stillwater Mining Co /De/)
Covenants. The Company shall have performed and complied in all material respects with all covenants and agreements required by this Agreement to be performed or complied with by it under this Agreement at or prior to the ClosingClosing Date.
Appears in 2 contracts
Samples: Merger Agreement (Neophotonics Corp), Merger Agreement (Lumentum Holdings Inc.)
Covenants. The Subject to Section 4.8(c) and Section 4.12, the Company shall have performed and complied in all material respects with all covenants covenants, obligations and agreements required by under this Agreement required to be performed or and complied with by it the Company at or prior to the Closing.
Appears in 2 contracts
Covenants. The Company shall have performed and complied in all material respects with all of its agreements and covenants and agreements required by this Agreement to be performed or complied with by it at or prior to the ClosingClosing Date.
Appears in 2 contracts
Samples: Merger Agreement (International Speedway Corp), Merger Agreement (Amtrust Financial Services, Inc.)
Covenants. The Company shall have performed and complied in all material respects with all covenants each of the covenants, agreements and agreements obligations herein required by this Agreement to be performed or and complied with by it the Company at or prior to the Closing.
Appears in 2 contracts
Samples: Merger Agreement (Soundhound Ai, Inc.), Merger Agreement (SentinelOne, Inc.)
Covenants. The Company shall have performed performed, satisfied and complied in all material respects with all covenants the covenants, agreements and agreements conditions required by this Agreement to be performed performed, satisfied or complied with by it at on or prior to the ClosingClosing Date.
Appears in 2 contracts
Samples: Note Restructuring and Note Purchase Agreement (Gold Reserve Inc), Subordinated Note Restructuring and Note Purchase Agreement (Gold Reserve Inc)
Covenants. The Company shall have performed in all material respects its obligations and complied in all material respects with all its agreements or covenants and agreements required by this Agreement to be performed or complied with by it at under this Agreement on or prior to the ClosingTransfer Closing Date.
Appears in 2 contracts
Samples: Merger Agreement (Lone Star Steakhouse & Saloon Inc), Merger Agreement (Coulter Jamie B)
Covenants. The Company shall have performed and complied in all material respects with all agreements and covenants and agreements required by this Agreement to be performed or complied with by it at or prior to the Closing.; and
Appears in 2 contracts
Covenants. The Company shall have performed and complied complied, in all material respects respects, with all of its covenants and agreements required by contained in this Agreement to be performed that contemplate, by their terms, performance or complied with by it at or compliance prior to the ClosingClosing Date.
Appears in 2 contracts
Samples: Backstop Commitment Agreement (Bristow Group Inc), Backstop Commitment Agreement
Covenants. The Company shall have performed and complied in all material respects with all of the covenants and agreements required by under this Agreement to be performed or complied with by it at such Person on or prior to the ClosingClosing Date.
Appears in 2 contracts
Samples: Merger Agreement (Relay Therapeutics, Inc.), Merger Agreement (Exact Sciences Corp)
Covenants. The Company shall have performed and complied in all material respects with all covenants covenants, obligations and agreements required by conditions of this Agreement required to be performed or and complied with by it at or prior to the Closing.
Appears in 2 contracts
Samples: Exchange Agreement (Interpace Biosciences, Inc.), Securities Purchase and Exchange Agreement (Interpace Biosciences, Inc.)
Covenants. The Company shall have performed and complied in all material respects with all other covenants and agreements required by this Agreement to be performed or complied with by it at or prior to the Closing.
Appears in 2 contracts
Samples: Securities Purchase Agreement (TCV Vi L P), Securities Purchase Agreement (Thestreet Com)
Covenants. The Company shall have performed and complied in all material respects with all covenants and agreements required by this Agreement to be performed or complied with by it at all covenants, agreements and conditions contained in this Agreement on or prior to the Closing.
Appears in 2 contracts
Samples: Super Senior Redeemable Preferred Stock Purchase Agreement (Tpi Composites, Inc), Super Senior Redeemable Preferred Stock Purchase Agreement (Tpi Composites, Inc)
Covenants. The Company shall have performed and or complied in all material respects with all of its agreements, covenants and agreements obligations required by this Agreement to be performed or complied with by it at under this Agreement on or prior to the Closing.
Appears in 2 contracts
Samples: Merger Agreement (Snap Interactive, Inc), Merger Agreement (LiveXLive Media, Inc.)
Covenants. The Company shall have performed and complied with all of its covenants hereunder in all material respects with all covenants and agreements required by this Agreement to be performed or complied with by it at or prior to through the ClosingClosing Date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Kings Road Entertainment Inc), Securities Purchase Agreement (West Coast Pictures LLC)
Covenants. The Company shall have performed performed, satisfied and complied in all material respects with all covenants the covenants, agreements and agreements conditions required by this Agreement and the other Transaction Documents to be performed performed, satisfied or complied with by it the Company at or prior to the each Closing.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (NextDecade Corp.), Common Stock Purchase Agreement (TotalEnergies SE)
Covenants. The Company and each Member shall have performed and complied in all material respects with all covenants and agreements required by obligations under this Agreement required to be performed or and complied with by the Company and any Members prior to the Closing. The Company and each Member shall have delivered to Buyer all certificates and other documents that it at or is required to deliver to Buyer pursuant to this Agreement prior to the Closing.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (CarGurus, Inc.)
Covenants. The Company shall have performed and or complied in all material respects with all covenants and agreements required by contained in this Agreement to be performed or complied with by it at the Company on or prior to the Closing.
Appears in 1 contract
Covenants. The Company shall have performed and complied in all material respects with all covenants covenants, obligations and agreements required by conditions of this Agreement required to be performed or and complied with by it the Company at or prior to the Closing. * Confidential treatment requested.
Appears in 1 contract
Covenants. The Company shall have performed and complied with in all material respects with all covenants and agreements required by this Agreement to be performed or complied with by it at or prior to or at the Closing.
Appears in 1 contract
Covenants. The Company shall have performed and or complied in all material respects with all covenants covenants, agreements and agreements required by conditions contained in this Agreement and the Security Agreement to be performed or complied with by it at the Company on or prior to the Closing.
Appears in 1 contract
Covenants. The Company shall have performed and complied in all material respects with all other covenants and agreements required by this Agreement to be performed or complied with by it at at, or prior to to, the Subsequent Closing.
Appears in 1 contract
Samples: Securities Purchase Agreement (Marketaxess Holdings Inc)
Covenants. The Company shall have performed and complied in all material respects with all covenants covenants, obligations and agreements required by conditions of this Agreement required to be performed or and complied with by it at or prior to the Second Closing.
Appears in 1 contract
Samples: Securities Purchase Agreement (Interpace Diagnostics Group, Inc.)
Covenants. The Company shall have performed and complied in all material respects with all covenants each agreement and agreements covenant required by this Agreement to be performed or complied with by it under this Agreement at or prior to the ClosingClosing Date.
Appears in 1 contract
Samples: Merger Agreement (Bowl America Inc)
