Performance by Purchasers. Purchasers shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by Purchasers at or prior to the Closing.
Performance by Purchasers. The Purchasers shall have performed and complied with all of their covenants hereunder through the Closing, including without limitation payment of the total Purchase Price at Closing. The Company may waive any condition specified in this Section 4.2 if it executes a writing so stating at or prior to the Closing. Such waiver shall not be considered a waiver of any other provision in this Agreement unless the writing specifically so states.
Performance by Purchasers. The Purchaser shall have performed, satisfied and complied in all respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Purchasers at or prior to the Closing.
Performance by Purchasers. Performance in all material respects of the obligations and covenants of Purchasers hereunder.
Performance by Purchasers. If any covenant, duty, or agreement of the Company is not performed in accordance with the terms of the Transaction Documents, Purchasers may, at their option, not less than 15 days following written notice to the Company of its intent to so act, perform, or attempt to perform, such covenant, duty, or agreement on behalf of such Company. In such event, Company shall, at the request of Purchasers, promptly pay to Purchasers any reasonable amount expended by Purchasers in such performance or attempted performance, together with interest thereon at the Highest Lawful Rate (if such nonperformance constitutes a continuing Default) or at the Base Rate (if such nonperformance does not constitute a continuing Default) from the date of such expenditure by Purchasers until paid. Notwithstanding the foregoing, it is expressly understood that Purchasers do not assume and shall never have, except by express written consent of Purchasers, any liability or responsibility for the performance of any covenant, duty, or agreement of the Company hereunder.
Performance by Purchasers. The Purchasers shall have performed and complied with all of their covenants hereunder through the Closing, including without limitation payment of the total Purchase Price at Closing.
Performance by Purchasers. Except as otherwise expressly provided in this Agreement, any right or obligation of, or any action to be taken by, the Purchasers under this Agreement shall be exercised, performed or taken (as the case may be), jointly, and not severally, by the Investors on behalf of all of the Purchasers. Each Management Holder hereby agrees to release and discharge the Investors,
Performance by Purchasers. At Closing Purchaser shall deliver to Citadel the following:
(i) certificates of incumbency of the officers of Purchasers who are executing this Agreement and the other documents contemplated hereunder;
(ii) certified copy of resolutions of the Board of Directors of Purchasers approving the transactions set forth in this Agreement;
(iii) an executed Escrow Agreement in the form of EXHIBIT 8.1.3; and
(iv) an executed Registration Rights Agreement in the form of EXHIBIT 2.8;
(v) executed employment agreements in the form of EXHIBIT 2.9(B) from each of the persons listed on EXHIBIT 2.9(A); executed consulting agreement in the form of EXHIBIT 2.9(C); and
(vi) a legal opinion from Purchasers' counsel in the form set forth in EXHIBIT 7.6.
Performance by Purchasers. 13 Section 4.3 Certificate.......................................................................13 Section 4.4 Legal Prohibition.................................................................13 Section 4.5
