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 to be performed, satisfied or complied with by the Company at or prior to such date.
Appears in 21 contracts
Samples: Sales Agency Financing Agreement (Boston Properties LTD Partnership), Sales Agency Financing Agreement (Boston Properties LTD Partnership), Sales Agency Financing Agreement (Boston Properties Inc)
Performance by the Company. The Company shall have performed, satisfied and performed or complied in all material respects with all covenants, agreements of the covenants and conditions required by this Agreement obligations to be performed, satisfied performed or complied with by it under the Company at terms of this Agreement on or prior to such datethe Closing Date.
Appears in 21 contracts
Samples: Merger Agreement (First Busey Corp /Nv/), Merger Agreement (First Busey Corp /Nv/), Merger Agreement (Nicolet Bankshares Inc)
Performance by the Company. The Company shall have performed, satisfied and complied with in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date.
Appears in 18 contracts
Samples: Equity Distribution Agreement (Southwest Gas Holdings, Inc.), Sales Agency Agreement (Southwest Gas Holdings, Inc.), Sales Agency Agreement (Southwest Gas Holdings, Inc.)
Performance by the Company. The Company shall have performed, satisfied performed and complied with all the covenants and agreements in all material respects with and satisfied in all covenants, agreements and material respects all the conditions required by this Agreement to be performed, satisfied performed or complied with or satisfied by the Company at or prior to such datethe Effective Time.
Appears in 17 contracts
Samples: Merger Agreement (Rotonics Manufacturing Inc/De), Merger Agreement (Sl Industries Inc), Merger Agreement (Safenet 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 to be performed, satisfied or complied with by the Company at or prior to such date.the Closing;
Appears in 17 contracts
Samples: Securities Purchase Agreement (Igen International Inc /De), Exchange Agreement (Markland Technologies Inc), Common Stock Purchase Agreement (Racom 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 to be performed, satisfied or complied with by the Company at or prior to such dateeach Closing Date.
Appears in 17 contracts
Samples: Securities Purchase Agreement (Orgenesis Inc.), Note Purchase Agreement (Ambient Corp /Ny), Note Purchase Agreement (As Seen on TV, 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 to be performed, satisfied or complied with by the Company at or prior to such dateeach Closing.
Appears in 14 contracts
Samples: Securities Purchase Agreement (Golden Bull LTD), Note Purchase Agreement (BioCorRx Inc.), Subscription Agreement (Umami Sustainable Seafood 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 to be performed, satisfied or complied with by the Company at or prior to such date.before the Closing Date;
Appears in 14 contracts
Samples: Securities Purchase Agreement (Cicero Inc), Securities Purchase Agreement (Cicero Inc), Securities Purchase Agreement (Cicero Inc)
Performance by the Company. The Company shall have performed, satisfied performed and complied in all material respects with all covenantsagreements, agreements obligations and conditions required by contained in this Agreement that are required to be performed, satisfied performed or complied with by it on or before each Closing and shall have obtained all approvals, consents and qualifications necessary to complete the Company at or prior to such datepurchase and sale described herein.
Appears in 11 contracts
Samples: Subordinated Convertible Note Purchase Agreement, Note Purchase Agreement (BioDrain Medical, Inc.), Note Purchase Agreement (BioDrain Medical, Inc.)
Performance by the Company. The Company shall have performed, satisfied and complied with, in all material respects with respects, all covenants, agreements and conditions required by this Agreement and the Master Forward Confirmation to be performed, satisfied or complied with by the Company at or prior to such date.
Appears in 11 contracts
Samples: Sales Agency Financing Agreement (SITE Centers Corp.), Sales Agency Financing Agreement (SITE Centers Corp.), Sales Agency Financing Agreement (SITE Centers Corp.)
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 to be performed, satisfied or complied with by the Company at or prior to such datethe applicable Closing Date.
Appears in 7 contracts
Samples: Convertible Preferred Stock and Warrant Securities Purchase Agreement (AzurRx BioPharma, Inc.), Stock Purchase Agreement (Glowpoint Inc), Series B Preferred Stock Purchase Agreement (Glowpoint 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 the Transaction Documents to be performed, satisfied or complied with by the Company at or prior to such date.the Closing Date;
Appears in 6 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Sheldahl Inc), Convertible Preferred Stock Purchase Agreement (Sheldahl Inc), Convertible Preferred Stock Purchase Agreement (Sheldahl 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 to be performed, satisfied or complied with by the Company at or prior to such date.the Closing. 公司的履行。在交割时或交割之前，公司应在各方面履行，满足并符合所有公司履行，满足或符合此协议所必需的合意，合同和条件。
Appears in 6 contracts
Samples: Securities Purchase Agreement (TD Holdings, Inc.), Securities Purchase Agreement (Bat Group, Inc.), Securities Purchase Agreement (TD 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 this Agreement and the Channel Agreement to be performed, satisfied or complied with by the Company at or prior to such datethe Closing Date.
Appears in 6 contracts
Samples: Stock Issuance Agreement (Soligenix, Inc.), Stock Issuance Agreement (Oragenics Inc), Supplemental Stock Issuance Agreement (Fibrocell Science, 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 Master Forward Confirmation to be performed, satisfied or complied with by the Company at or prior to such date.
Appears in 6 contracts
Samples: Sales Agency Financing Agreement (Avalonbay Communities Inc), Sales Agency Financing Agreement (Gaming & Leisure Properties, Inc.), Sales Agency Financing Agreement (Avalonbay Communities Inc)
Performance by the Company. The Company shall have performed, satisfied and complied performed in all material respects with all covenants, agreements and conditions covenants required by this Agreement the Transaction Agreements to be performed, satisfied performed or complied with by the Company at it on or prior to such datethe Contribution Closing Date.
Appears in 6 contracts
Samples: Contribution Agreement (Otto Alexander), Contribution Agreement (Otto Alexander), Contribution Agreement (Otto Alexander)
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 to be performed, satisfied or complied with by the Company at or prior to such date.
Appears in 6 contracts
Samples: Sales Agency Financing Agreement, Sales Agency Financing Agreement (Westar Energy Inc /Ks), Sales Agency Financing Agreement (Westar Energy Inc /Ks)
Performance by the Company. The Company shall have performed, satisfied and complied with in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such dateeach Condition Precedent Date.
Appears in 5 contracts
Samples: Common Stock Underwriting Agreement (Axonyx Inc), Common Stock Purchase Agreement (Centura Software Corp), Common Stock Underwriting Agreement (Onyx Software Corp/Wa)
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 to be performed, satisfied satisfied, or complied with by the Company at or prior to such dateClosing.
Appears in 5 contracts
Samples: Securities Purchase Agreement (NextTrip, Inc.), Securities Purchase Agreement (Ocean Power Technologies, Inc.), Common Stock Purchase Agreement (Ab International Group Corp.)
Performance by the Company. The Company shall have performed, satisfied and complied performed in all material respects with all covenants, agreements and conditions covenants required by this Agreement to be performed, satisfied performed or complied with by the Company at it on or prior to such datethe Merger Closing Date.
Appears in 5 contracts
Samples: Merger Agreement (Otto Alexander), Merger Agreement (Otto Alexander), Merger Agreement (Paramount Group, 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 to be performed, satisfied or complied with by the Company at or prior to such datethe Initial Closing.
Appears in 5 contracts
Samples: Common Stock Purchase Agreement (Medizone International Inc), Common Stock Purchase Agreement (Cel Sci Corp), Common Stock Purchase Agreement (On2 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 this Agreement to be performed, satisfied or complied with by the Company at or prior to such date.the Closing;
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (Wolfpack Corp), Common Stock Purchase Agreement (Wolfpack Corp), Securities Purchase Agreement (Agribiotech Inc)
Performance by the Company. The Company shall have performed, satisfied performed and complied in all material respects with all covenants, covenants and agreements and conditions required by this Agreement to be performed, satisfied performed or complied with by the Company at on or prior to such datethe Closing Date.
Appears in 4 contracts
Samples: Merger Agreement (Arv Assisted Living Inc), Merger Agreement (Terex Corp), Merger Agreement (Center Healthcare, 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 to be performed, satisfied or complied with by the Company at or prior to such datethe Closing Date.
Appears in 4 contracts
Samples: Convertible Note Purchase Agreement (Amanda Co Inc), Convertible Note Purchase Agreement (Amanda Co Inc), Convertible Note Purchase Agreement (Amanda Co 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 to be performed, satisfied or complied with by the Company at or prior to such date.before the First Closing Date;
Appears in 4 contracts
Samples: Securities Purchase Agreement (Endocare Inc), Securities Purchase Agreement (Endocare Inc), Securities Purchase Agreement (International Isotopes Inc)
Performance by the Company. The Company shall have in all material respects 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 the Company at or prior to such date.
Appears in 4 contracts
Samples: Sales Agency Financing Agreement (Washington Real Estate Investment Trust), Sales Agency Financing Agreement (Washington Real Estate Investment Trust), Sales Agency Financing Agreement (Washington Real Estate Investment Trust)
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 to be performed, satisfied or complied with by the Company at or prior to such datethe Subsequent Closing Date.
Appears in 3 contracts
Samples: Series C Convertible Preferred Stock Purchase Agreement (Health Sciences Group Inc), Series C Convertible Preferred Stock Purchase Agreement (Health Sciences Group Inc), Series B Convertible Preferred Stock Purchase Agreement (Health Sciences Group Inc)
Performance by the Company. The Company shall have performed, satisfied duly performed and complied in all material respects with all covenants, agreements and conditions required by contained in this Agreement and required to be performed, satisfied performed or complied with by the Company at or prior to such datethe Closing.
Appears in 3 contracts
Samples: Subscription Agreement (Homeseekers Com Inc), Subscription Agreement (Nanobac Pharmaceuticals Inc), Subscription Agreement (Homeseekers Com 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 to be performed, satisfied or complied with by the Company at or prior to such date.;
Appears in 3 contracts
Samples: Sales Agency Agreement (Inland Real Estate Corp), Sales Agency Agreement (Venoco, Inc.), Sales Agency Agreement (Inland Real Estate Corp)
Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, covenants and agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such datethe Closing Date.
Appears in 3 contracts
Samples: Joint Venture Agreement (Nathaniel Energy Corp), Subordinated Notes and Warrant Purchase Agreement (Sheldahl Inc), Unit Purchase Agreement (Dcap Group Inc/)
Performance by the Company. The Company shall have performed, satisfied performed and complied in all material respects with all of its covenants, obligations and agreements and conditions required by this Agreement to be performed, satisfied performed or complied with by the Company at or it prior to such dateor as of the Closing.
Appears in 3 contracts
Samples: Merger Agreement (Sonic Automotive Inc), Agreement and Plan of Merger (Callaway Golf Co), Merger Agreement (RPX Corp)
Performance by the Company. The Company shall have performed, satisfied performed and complied in all material respects with all covenantsagreements, agreements covenants and conditions required by this Agreement the Company Documents to be performed, satisfied performed or complied with by the Company at or prior to such datebefore the Effective Time.
Appears in 3 contracts
Samples: Merger Agreement (24/7 Media Inc), Merger Agreement (24/7 Media Inc), Merger Agreement (24/7 Media Inc)
Performance by the Company. The Company shall have performed, satisfied performed and complied in all material respects with all covenants, agreements and conditions required by each of the covenants contained in this Agreement which is required to be performed, satisfied or performed and complied with by the Company at on or prior to such datethe Closing Date.
Appears in 3 contracts
Samples: Merger Agreement (KIT Digital, Inc.), Merger Agreement (KIT Digital, Inc.), Merger Agreement (KIT Digital, 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 to be performed, satisfied or complied with by the Company at or prior to such datethe applicable Advance Notice Date.
Appears in 3 contracts
Samples: Standby Equity Purchase Agreement (Helbiz, Inc.), Standby Equity Purchase Agreement (Helbiz, Inc.), Standby Equity Purchase Agreement (Helbiz, 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 to be performed, satisfied or complied with by the Company at or prior to such datethe Closing.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Nexell Therapeutics Inc), Common Stock Purchase Agreement (Leap Wireless International Inc), Common Stock Purchase Agreement (Tivo Inc)
Performance by the Company. The Company shall have performed, satisfied and complied performed in all material respects with all covenants, agreements and conditions covenants required by this Agreement to be performed, satisfied performed or complied with by the Company at them on or prior to such datethe Closing Date.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Paramount Group, Inc.), Stock Purchase Agreement (Paramount Group, Inc.), Stock Purchase Agreement (Paramount Group, 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 to be performed, complied with, or satisfied or complied with by the Company at on or prior to such datethe Closing Date.
Appears in 3 contracts
Samples: Incorporation and Exchange Agreement, Incorporation and Exchange Agreement (Hhgregg, Inc.), Incorporation and Exchange Agreement (Gregg Appliances Inc)
Performance by the Company. The Company shall have performed, satisfied performed and complied in all material respects with all covenantsagreements, agreements obligations and conditions required by contained in this Agreement that are required to be performed, satisfied performed or complied with by it on or before such Closing and shall have obtained all approvals, consents and qualifications necessary to complete the Company at or prior to such datepurchase and sale described herein.
Appears in 3 contracts
Samples: Note Purchase Agreement (Fate Therapeutics Inc), Note Purchase Agreement (Fate Therapeutics Inc), Note Purchase Agreement (Fate Therapeutics Inc)
Performance by the Company. The Company 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 this Agreement to be performed, satisfied performed or complied with by it on or before the Company at or prior to such dateClosing Date.
Appears in 3 contracts
Samples: Subscription Agreement (Donaldson Lufkin & Jenrette Inc /Ny/), Investors Subscription Agreement (Holmes Products Corp), Investors' Subscription Agreement (Lee Thomas H Equity Fund Iii L P)
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 the Transaction Documents to be performed, satisfied or complied with by the Company at or prior to such date.the Closing;
Appears in 3 contracts
Samples: Exchange Agreement (Markland Technologies Inc), Series F Convertible Preferred Stock Purchase Agreement (Fonix Corp), Series F Convertible Preferred Stock Purchase Agreement (Fonix Corp)
Performance by the Company. The Company shall have performed, satisfied performed and complied in all material respects with all covenantsagreements, agreements obligations and conditions required by contained in this Agreement that are required to be performed, satisfied performed or complied with by the Company at it on or prior to before such dateClosing.
Appears in 3 contracts
Samples: Note Purchase Agreement, Note Purchase Agreement (Restoration Robotics, Inc.), Note Purchase Agreement (Restoration Robotics, Inc.)
Performance by the Company. The Company shall have performed, satisfied performed and complied in all material respects with all covenantsof the agreements, agreements covenants and conditions required by this Agreement obligations to be performed, satisfied performed or complied with by it under the Company at terms of this Agreement on or prior to such datethe Closing Date.
Appears in 2 contracts
Samples: Merger Agreement (HMN Financial Inc), Merger Agreement (Alerus Financial Corp)
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 to be performed, satisfied or complied with by the Company at or prior to such datethe First Closing Date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Path 1 Network Technologies Inc), Series a Convertible Preferred Stock Purchase Agreement (BBN Global Consulting, Inc)
Performance by the Company. The Company shall have performed, satisfied and performed or complied in all material respects with all covenants, agreements of the covenants and conditions required by this Agreement obligations to be performed, satisfied performed or complied with by it under the Company at terms of this Agreement on or prior to such datethe Closing Date. Acquiror shall have received a certificate signed by the chief executive officer and chief financial officer of the Company, dated the Closing Date, to the foregoing effect.
Appears in 2 contracts
Samples: Merger Agreement (Centrue Financial Corp), Merger Agreement (Midland States Bancorp, 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 to be performed, satisfied or complied with by the Company at or prior to such datethe Second Closing Date.
Appears in 2 contracts
Samples: Series a Convertible Preferred Stock Purchase Agreement (BBN Global Consulting, Inc), Securities Purchase Agreement (Path 1 Network 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 this Agreement the Transaction Documents to be performed, satisfied or complied with by the Company at or prior to such date.the Closing;
Appears in 2 contracts
Samples: Series D Convertible Preferred Stock Purchase Agreement (Fonix Corp), Series E Convertible Preferred Stock Exchange and Purchase Agreement (Fonix Corp)
Performance by the Company. The Company shall have performed, satisfied and complied with, in all material respects with respects, all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date.
Appears in 2 contracts
Samples: Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (DDR Corp)
Performance by the Company. The Company shall have performed, satisfied performed and complied in all material respects with all covenantsagreements, agreements obligations and conditions required by contained in this Agreement that are required to be performed, satisfied performed or complied with by it on or before the Company at or prior Closing and shall have obtained all approvals, consents and qualifications necessary to such datecomplete the purchase and sale described herein.
Appears in 2 contracts
Samples: Convertible Note Purchase Agreement (Arno Therapeutics, Inc), Convertible Note Purchase Agreement (Nile Therapeutics, 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 to be performed, satisfied or complied with by the Company at or prior to such datethe date of the Closing.
Appears in 2 contracts
Samples: Note Purchase Agreement (Implant Sciences Corp), Note and Warrant Purchase Agreement (Implant Sciences Corp)
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 to be performed, satisfied or complied with by the Company at or prior to such datea Closing.
Appears in 2 contracts
Samples: Purchase Agreement (Homeland Security Capital CORP), Series a Convertible Preferred Stock Purchase Agreement (Homeland Security Capital CORP)
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 to be performed, satisfied or complied with by the Company at or prior to such date.the Closing;
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Wolfpack Corp), Common Stock Purchase Agreement (Racom Systems Inc)
Performance by the Company. The Company shall have performed, satisfied and complied with in all material respects with all covenants, covenants and agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such datethe Closing Date.
Appears in 2 contracts
Samples: Subordinated Notes and Warrant Purchase Agreement (Sheldahl Inc), Subordinated Notes and Warrant Purchase Agreement (Sheldahl 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 to be performed, satisfied or complied with by the Company at or prior to such date.before the Closing Date;
Appears in 2 contracts
Samples: Exchange Agreement (Level 8 Systems Inc), Securities Purchase Agreement (Level 8 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 the Transaction Documents to be performed, satisfied or complied with by the Company at or prior to such date.the Series B Closing Date;
Appears in 2 contracts
Samples: Securities Purchase Agreement (Iat Multimedia Inc), Preferred Stock Purchase Agreement (Neotherapeutics 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 the Transaction Documents to be performed, satisfied or complied with by the Company at or prior to such datethe Closing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Total Luxury Group Inc), Stock Purchase Agreement (Total Luxury Group 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 the Agreements to be performed, satisfied or complied with by the Company at or prior to such datebefore the Closing.
Appears in 2 contracts
Samples: Subscription Agreement (Dennys Corp), Subscription Agreement (Mellon HBV Alternative Strategies LLC)
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 or any of the other Transaction Documents to be performed, satisfied or complied with by the Company at or prior to such datethe Initial Closing.
Appears in 1 contract
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 to be performed, satisfied or complied with by the Company at or prior to such date.the Secondary Closing;
Appears in 1 contract
Samples: Securities Purchase Agreement (Satcon Technology Corp)
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 to be performed, satisfied or complied with by the Company at or prior to such datethe Closing Date.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Charys Holding Co 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 agreement to be performed, satisfied or complied with by the Company at or prior to such dateClosing.
Appears in 1 contract
Samples: Subscription Agreement (Clean Coal Technologies Inc.)
Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions NOTE AND WARRANT PURCHASE AGREEMENT PAGE 21 required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such dateeach Closing Date.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (In Touch Media Group, Inc.)
Performance by the Company. The Company shall have performed, satisfied performed and complied with all the covenants and agreements in all material respects with and satisfied in all covenants, agreements and material respects all the conditions required by this Agreement to be performed, satisfied performed or complied with or satisfied by the Company at on or prior to such datethe Closing Date.
Appears in 1 contract
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 to be performed, satisfied or complied with by the Company at or prior to such datethe Closing Date.
Appears in 1 contract
Samples: Securities Purchase and Share Exchange Agreement (Cytation Corp)
Performance by the Company. The Company shall have performed, satisfied performed and complied with, in all material respects with respects, all covenants, agreements and conditions covenants required by this Agreement to be performed, satisfied so performed or complied with by the Company at or prior to such datethe Closing.
Appears in 1 contract
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 to be performed, satisfied or complied with by the Company at or prior to such date.the Closing Date and shall have delivered the Compliance Certificate substantially in the form attached hereto as Exhibit A.
Appears in 1 contract
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 to be performed, satisfied or complied with by the Company at or prior to such datethe Subsequent Closing Date.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Quest Oil Corp)
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 to be performed, satisfied or complied with by the Company at or prior to such date.the Closing;
Appears in 1 contract
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 the Transaction Documents to be performed, satisfied or complied with by the Company at or prior to such date.the Series H Closing Date;
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Xoma Corp /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 other Transactions Documents to be performed, satisfied or complied with by the Company at or prior to such date.the Subsequent Closing Date;
Appears in 1 contract
Samples: Securities Purchase Agreement (World Wide Wireless Communications 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 to be performed, satisfied or complied with by the Company at or prior before the Closing Date, including, but not limited to, tendering the Payment to such date.the Holders;
Appears in 1 contract
Samples: Exchange Agreement (Healthaxis 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 to be performed, satisfied or complied with by the Company at or prior to such datethe Closing Date and the Funding Date.
Appears in 1 contract
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 to be performed, satisfied or complied with by the Company at or prior to each such date.
Appears in 1 contract
Performance by the Company. The Company shall have performed, satisfied performed -------------------------- and complied in all material respects with all covenants, covenants and agreements and conditions required by this Agreement to be performed, satisfied performed or complied with by the Company at on or prior to such datethe Closing Date.
Appears in 1 contract
Samples: Merger Agreement (Cmi Corp)
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 to be performed, satisfied or complied with by the Company at or prior to such datethe applicable Closing Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Colombia Clean Power & Fuels, Inc)
Performance by the Company. The Company shall have performed, satisfied and performed or complied in all material respects with all covenants, agreements of the covenants and conditions required by this Agreement obligations to be performed, satisfied performed or complied with by it under the Company at terms of this Agreement on or prior to the Closing Date and shall have obtained and provided to Acquiror copies of all Third Party Consents and such dateother waivers or consents referenced in or required pursuant to Section 5.8.
Appears in 1 contract
Samples: Merger Agreement (MidWestOne Financial Group, 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 or any of the other Transaction Documents to be performed, satisfied or complied with by the Company at or prior to such datethe Registration Shares Closing.
Appears in 1 contract
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 to be performed, satisfied or complied with by the Company at or prior to such datethe Initial Closing.
Appears in 1 contract
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 to be performed, satisfied or complied with by the Company at or prior to such datethe Closing Date.
Appears in 1 contract
Samples: Debenture and Warrant Purchase Agreement (Appiant 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 this Agreement to be performed, satisfied or complied with by the Company at or prior to such datethe Closing.
Appears in 1 contract
Samples: Convertible Securities Subscription Agreement (GRC International 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 to be performed, satisfied or complied with by the Company at or prior to such datethe Closing.
Appears in 1 contract
Samples: Series D Convertible Preferred Stock Purchase Agreement (Skylynx Communications 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 the Transaction Documents to be performed, satisfied or complied with by the Company at or prior to such datebetween the Closing Date and the Initial Settlement Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Millennium Cell Inc)
Performance by the Company. The Company shall have performed, satisfied and complied in all material materials respects with all covenants, agreements and conditions required by this Agreement to be performed, performed satisfied or complied with by the Company at or prior to such dateeach Closing and the Company shall not be in breach or default of any other agreement between Company and Purchaser.
Appears in 1 contract
Samples: Preferred Stock Drawdown Agreement (BioNeutral Group, 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 or any of the Related Agreements to be performed, satisfied or complied with by the Company at or prior to such datethe Closing.
Appears in 1 contract
Samples: Subscription Agreement (Palomar Medical 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 this Agreement to be performed, complied with, or satisfied or complied with by the Company at on or prior to such datethe Closing Date.
Appears in 1 contract
Performance by the Company. The Company shall have has 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 the Company at or prior to such datethe Subscription Closing Date.
Appears in 1 contract
Samples: Subscription Agreement (VeruTEK 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 this Agreement to be performed, satisfied or complied with by the Company at or prior to such datethe Effective Date.
Appears in 1 contract
Performance by the Company. The Company shall have performed, satisfied and performed or complied in all material respects with all covenants, the covenants and agreements and conditions required by this Agreement to be performed, satisfied performed or complied with by the Company it under this Agreement at or prior to such datethe Effective Time.
Appears in 1 contract
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 the Transaction Documents to be performed, satisfied or complied with by the Company at or prior to such date.the Initial Closing Date;
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Autonomous Technologies Corp)
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 to be performed, satisfied or complied with by the Company at or prior to such dateClosing Date.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Speedcom Wireless Corp)
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 to be performed, satisfied or complied with by the Company at or prior to such datethe applicable Closing.
Appears in 1 contract
Samples: Securities Purchase Agreement (Aamaxan Transport Group, Inc.)
Performance by the Company. The Company shall have performed, satisfied performed and complied in all material respects with all of its covenants, obligations and agreements and conditions required by this Agreement to be performed, satisfied performed or complied with by the Company at or prior to such dateor as of the Closing.
Appears in 1 contract
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 to be performed, satisfied or complied with by the Company at or prior to such date.the Primary Closing;
Appears in 1 contract
Samples: Securities Purchase Agreement (Satcon Technology Corp)
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 to be performed, satisfied or complied with by the Company at or prior to such datethe Closing Date, including without limitation, the payment of all principal and accrued and unpaid interest under the Existing Notes and expenses incurred and due under Section 8.1 of this Agreement.
Appears in 1 contract
Samples: Senior Secured Note and Warrant Purchase Agreement (Tri Valley Corp)
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 to be performed, satisfied or complied with by the Company at or prior to such date.before the Closing Date;
Appears in 1 contract
Samples: Securities Purchase Agreement (Level 8 Systems Inc)
Performance by the Company. The Company shall have performed, satisfied and complied performed in all material respects with all covenants, of its agreements and conditions required by covenants contained in this Agreement required to be performed, satisfied or complied with performed by the Company it at or prior to such datethe Closing.
Appears in 1 contract
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 to be performed, satisfied or complied with by the Company at or prior to such date.before the Closing Date; and
Appears in 1 contract
Performance by the Company. The Company shall have performed, satisfied satisfied, and complied in all material respects with all covenants, agreements agreements, and conditions required by this Agreement to be performed, satisfied satisfied, or complied with by the Company at or prior to such datethe Closing.
Appears in 1 contract
Samples: Series F Convertible Preferred Stock Issuance Agreement (BPO Management Services)
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 the Transaction Documents to be performed, satisfied or complied with by the Company at or prior to such datethe Closing Date.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Psinet Inc)
Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all material covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such datethe Execution Date and each Settlement Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Vicor 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 this Agreement to be performed, satisfied or complied with by the Company at or prior to such dateClosing Date.
Appears in 1 contract
Samples: Separation Agreement (Cyclone Power Technologies Inc)
