Common use of Performance by the Company Clause in Contracts

Performance by the Company. The Company 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 Company between the Closing Date and the Additional Closing Date.

Appears in 2 contracts

Samples: Purchase Agreement (Markland Technologies Inc), Securities Purchase Agreement (Millennium Cell Inc)

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Performance by the Company. The Company 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 Company between at or prior to the Closing Date and the Additional Tranche 2 Closing Date.;

Appears in 2 contracts

Samples: Convertible Debenture Purchase Agreement (PLC Systems Inc), Convertible Debenture Purchase Agreement (PLC Systems Inc)

Performance by the Company. The Company shall have -------------------------- performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement and the other Transaction Documents to be performed, satisfied or complied with by the Company between at or prior to the Closing Date and the Additional Closing Date.First Tranche Closing;

Appears in 1 contract

Samples: Stock Purchase Agreement (Tamboril Cigar Co)

Performance by the Company. The Company 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 the Company between at or prior to the Closing Date and the Additional Closing Date.Tranche A1 Closing;

Appears in 1 contract

Samples: Securities Purchase Agreement (Digital Courier Technologies Inc)

Performance by the Company. The Company 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 Company between at or prior to the Early Tranche 2 Closing Date and or the Additional Tranche 2 Closing Date., as the case may be;

Appears in 1 contract

Samples: Securities Purchase Agreement (Thrustmaster Inc)

Performance by the Company. The Company 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 the Company between at or prior to the Closing Date and Closing. Without limiting the Additional Closing Dategenerality of the foregoing, with respect to the Second Tranche Closing, the Company shall have timely filed the Current Report on Form 8-K required under Article 3.

Appears in 1 contract

Samples: Common Stock and Warrants Purchase Agreement (Alteon Inc /De)

Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement and the Transaction Documents to be performed, satisfied or complied with by the Company between at or prior to the Closing Date and the Additional Second Closing Date.;

Appears in 1 contract

Samples: Securities Purchase Agreement (Marex Com Inc)

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Performance by the Company. The Company 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 the Company between at or prior to the Closing Date and the Additional Closing DateSecond Tranche Closing.

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase (Net Value Holdings Inc)

Performance by the Company. The Company 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 Company between at or prior to the Closing Date and the Additional Tranche 3 Closing Date.;

Appears in 1 contract

Samples: Securities Purchase Agreement (Thrustmaster Inc)

Performance by the Company. The Company shall have -------------------------- performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the bythis Agreement and each other Transaction Documents Document to be performed, satisfied or complied with by the Company between at or prior to the Second Tranche Closing Date and or the Additional Third Tranche Closing Date., as applicable;

Appears in 1 contract

Samples: Stock Purchase Agreement (Tamboril Cigar Co)

Performance by the Company. The Company 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 the Company between at or prior to the Closing Date and the Additional Closing DateFirst Tranche Closing.

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase (Net Value Holdings Inc)

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