Common use of Performance by the Company Clause in Contracts

Performance by the Company. The Company shall have performed or complied in all material respects with all of the covenants and obligations to be performed or complied with by it under the terms of this Agreement on or prior to the Closing Date.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datesuch date.

Performance by the Company. The Company shall have performed or performed, satisfied and complied with in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datesuch date.

Performance by the Company. The Company shall have performed or and complied with all the covenants and agreements in all material respects with and satisfied in all of material respects all the covenants and obligations conditions required by this Agreement to be performed or complied with or satisfied by it under the terms of this Agreement on Company at or prior to the Closing DateEffective Time.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the each Closing Date.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to before the Closing Date.;

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Dateeach Closing.

Performance by the Company. The Company shall have performed or and complied in all material respects with all of the covenants agreements, obligations and obligations conditions contained in this Agreement that are required to be performed or complied with by it under the terms of this Agreement on or prior before each Closing and shall have obtained all approvals, consents and qualifications necessary to complete the Closing Datepurchase and sale described herein.

Performance by the Company. The Company shall have performed or performed, satisfied and complied with, in all material respects with respects, all of covenants, agreements and conditions required by this Agreement and the covenants and obligations Master Forward Confirmation to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datesuch date.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the applicable Closing Date.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by this Agreement and the covenants and obligations Channel Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.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。

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by this Agreement and the covenants and obligations Master Forward Confirmation to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datesuch date.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.;

Performance by the Company. The Company shall have performed or complied in all material respects with all of agreements and covenants required by the covenants and obligations Transaction Agreements to be performed or complied with by it under the terms of this Agreement on or prior to the Contribution Closing Date.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by this Agreement and the covenants and obligations Registration Rights Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Investor at or prior to the Closing Datesuch Closing.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datesuch date.

Performance by the Company. The Company shall have performed or performed, satisfied and complied with in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing each Condition Precedent Date.

Performance by the Company. The Company shall have performed or complied in all material respects with all of the agreements and covenants and obligations required by this Agreement to be performed or complied with by it under the terms of this Agreement on or prior to the Merger Closing Date.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing DateInitial Closing.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied, or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datesuch Closing.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by this Agreement and the covenants and obligations Registration Rights Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.Closing;

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to before the First Closing Date.;

Performance by the Company. The Company shall have performed or -------------------------- performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.Closing;

Performance by the Company. The Company shall have performed or complied in all material respects performed, satisfied and complied with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datesuch date.

Performance by the Company. The Company shall have performed or and complied in all material respects with all of the covenants and obligations agreements required by this Agreement to be performed or complied with by it under the terms of this Agreement Company on or prior to the Closing Date.

Performance by the Company. The Company shall have performed or performed, ----------------------------- satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to such Closing. The Company shall also have made all payments and performed and satisfied all other obligations of Company pursuant to the Closing DateSummery Term Sheet entered into in connection with this Offering.

Performance by the Company. The Company shall have performed or performed, -------------------------- satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing DateClosing.

Performance by the Company. The Company shall have performed or complied in all material respects with all of the its obligations and shall have materially complied with each and all of its covenants and obligations required to be performed or complied with by it under the terms of this Agreement on or prior to before the Closing Date.

Performance by the Company. The Company shall have performed or and complied in all material respects with all of the covenants its covenants, obligations and obligations agreements required by this Agreement to be performed or complied with by it under the terms of this Agreement on or prior to or as of the Closing DateClosing.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants and obligations agreements required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.

Performance by the Company. The Company shall have performed or and complied in all material respects with all of the agreements, covenants and obligations conditions required by the Company Documents to be performed or complied with by it under the terms of this Agreement on Company at or prior to before the Closing DateEffective Time.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, complied with, or complied with satisfied by it under the terms of this Agreement Company on or prior to the Closing Date.

Performance by the Company. The Company shall have performed or and complied in all material respects with all of the covenants agreements, obligations and obligations conditions contained in this Agreement that are required to be performed or complied with by it under the terms of this Agreement on or prior to the Closing Datebefore such Closing.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing applicable Advance Notice Date.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.Closing;

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Subsequent Closing Date.

Performance by the Company. The Company shall have duly performed or and complied in all material respects with all of the covenants agreements and obligations conditions contained in this Agreement and required to be performed or complied with by it under the terms of this Agreement on Company at or prior to the Closing DateClosing.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.such date;

Performance by the Company. The Company shall have performed or complied in all material respects with all of the agreements and covenants and obligations required by this Agreement to be performed or complied with by it under the terms of this Agreement them on or prior to the Closing Date.

Performance by the Company. The Company shall have performed or and complied in all material respects with all of the covenants agreements, obligations and obligations conditions contained in this Agreement that are required to be performed or complied with by it under the terms of this Agreement on or prior before such Closing and shall have obtained all approvals, consents and qualifications necessary to complete the Closing Datepurchase and sale described herein.

Performance by the Company. The Company shall have performed or and complied in all material respects with all each of the covenants and obligations contained in this Agreement which is required to be performed or and complied with by it under the terms of this Agreement Company on or prior to the Closing Date.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Series B Closing Date.;

Performance by the Company. The Company shall have performed or performed, -------------------------- satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.Closing;

Performance by the Company. The Company shall have performed or and complied in all material respects with all of the material covenants and obligations agreements required by this Agreement to be performed or complied with by it under the terms of this Agreement Company on or prior to the Closing Date.

Performance by the Company. The Company shall have performed or performed, satisfied and complied with in all material respects with all of the covenants and obligations agreements required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datedate of the Closing.

Performance by the Company. The Company shall have performed or and complied in all material respects with all of the covenants agreements, obligations and obligations conditions contained in this Agreement that are required to be performed or complied with by it under the terms of this Agreement on or prior to before the Closing Dateand shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Second Closing Date.

Performance by the Company. The Company shall have performed or and complied in all material respects with all of the agreements, covenants and obligations to be performed or complied with by it under the terms of this Agreement on or prior to the Closing Date.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Agreements to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to before the Closing DateClosing.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the First Closing Date.

Performance by the Company. The Company shall have performed or performed, -------------------------- satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.Closing;

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datea Closing.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing DateClosing.

Performance by the Company. The Company shall have performed or complied in all material respects with all of the covenants and obligations to be performed or complied with by it under the terms of this Agreement on or prior to the 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.

Performance by the Company. The Company shall have performed or performed, satisfied and complied with, in all material respects with respects, all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datesuch date.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.Primary Closing;

Performance by the Company. The Company shall have performed or complied performed, satisfied and complied, in all material respects respects, with all of the covenants covenants, agreements and obligations conditions required by this Agreement, any Terms Agreement or any Master Forward Confirmation to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datesuch date.

Performance by the Company. The Company shall have performed or -------------------------- performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing DateClosing.

Performance by the Company. The Company shall have performed or complied in all material respects with all of the its agreements and covenants and obligations contained in this Agreement required to be performed or complied with by it under the terms of this Agreement on at or prior to the Closing DateClosing.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.Secondary Closing;

Performance by the Company. The Company shall have performed or complied in all material respects with all of the its obligations and shall have materially complied with each and all of its covenants and obligations required to be performed or complied with by it under the terms of this Agreement on or prior to before the Closing Date.. ARTICLE V

Performance by the Company. The Company shall have performed or complied in all material respects with all of the covenants and obligations agreements required to be performed or complied with by it under the terms of this Agreement on at or prior to the Closing DateEffective Time.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Initial Closing Date.;

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Dateapplicable Closing.

Performance by the Company. The Company shall have performed or and complied in all material respects with all of the covenants its covenants, obligations and obligations agreements required by this Agreement to be performed or complied with by it under the terms of this Agreement on or Company prior to or as of the Closing DateClosing.

Performance by the Company. The Company shall have performed or performed, -------------------------- satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.;

Performance by the Company. The Company shall have performed or performed, -------------------------- satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the such Closing Date.

Performance by the Company. The Company shall have performed or and complied in all material respects with all of the covenants agreements, obligations and obligations conditions contained in this Agreement that are required to be performed or complied with by it under the terms of this Agreement on or prior before the Additional Closing and shall have obtained all approvals, consents and qualifications necessary to complete the Closing Datepurchase and sale described herein.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the applicable Closing Date.

Performance by the Company. The Company shall have performed or --------------------------- performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on or prior to Company between the Closing Date and the Additional Funding Date.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on or prior to Company between the Closing Date and the Additional Settlement Date.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the such Closing Date.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants and obligations agreements required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Initial Closing Date.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the each Closing Date.. Page22

Performance by the Company. The Company shall have performed or and complied in all material respects with all of the covenants agreements, obligations and obligations conditions contained in this Agreement that are required to be performed or complied with by it under the terms of this Agreement on or prior to before the Closing Dateand shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the 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.

Performance by the Company. The Company shall have performed or and complied in all material respects with all of the covenants its covenants, agreements and obligations hereunder through the Closing including the delivery of the Assignment Documents set forth in Section 1.2, except for such covenants, agreement and obligations which by their nature are required to be performed or complied with by it under the terms of this Agreement on or prior to after the Closing Date.

Performance by the Company. The Company shall have performed or and complied in all material respects with all of the agreements and covenants and obligations contained in this Agreement to be performed or complied with by it under the terms of this Agreement on or prior to the Closing DateClosing.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on or prior to Company between the Execution Date and the Closing Date.

Performance by the Company. The Company shall have performed or complied in all -------------------------- material respects with all of the its obligations and shall have materially complied with each and all of its covenants and obligations required to be performed or complied with by it under the terms of this Agreement on or prior to before the Closing Date.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants material covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Effective Date and as of each Settlement Date.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.; and

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Effective Date.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement or any of the covenants and obligations other Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing DateInitial Closing.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Dateeach Closing.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed or complied with by it under the terms of this Agreement Company on or prior to before the Closing DateClosing.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Subscription Closing Date.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Daterelevant Closing.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the respective Closing Date.

Performance by the Company. The Company shall have performed or -------------------------- performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing DateInitial Closing.

Performance by the Company. The Company shall have performed or performed, -------------------------- satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by this Agreement and the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to before the First Closing Date.;

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing DateClosing.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date, including without limitation, the payment of all principal and accrued and unpaid interest under the Existing Note.

Performance by the Company. The Company shall have performed or performed, satisfied ---- -------------------------- and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to before the Closing Date.;

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by this Agreement or the covenants and obligations other Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the applicable Closing Date, and no default or event of default shall have occurred under any of the Transaction Documents prior to the applicable Closing Date.

Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.. (c)