Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing Date.
Appears in 16 contracts
Samples: Warrant Exercise Agreement (China Hydroelectric Corp), Note Purchase Agreement (Time America Inc), Stock and Warrant Purchase Agreement (Skymall Inc)
Performance by the Company. The Company shall have performed has complied with all agreements and satisfied all conditions required on its part to be performed or satisfied by the Company at or prior to the Closing Datesuch date.
Appears in 15 contracts
Samples: Sales Agency Financing Agreement (Southern Co), Sales Agency Financing Agreement (Southern Co), Sales Agency Financing Agreement (Southern Co)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company pursuant to this Agreement at or prior to the Closing DateClosing, unless any such agreement or condition is waived by the Purchaser in writing at or prior to Closing.
Appears in 10 contracts
Samples: Stock Purchase Agreement (Medical International Technology Inc), Stock Purchase Agreement (Medical International Technology Inc), Securities Purchase Agreement (Savoy Resources Corp)
Performance by the Company. The Company shall have performed and satisfied all agreements and satisfied all conditions which it is required by this Agreement to be performed perform or satisfied by the Company at or satisfy prior to or on the Closing Date.
Appears in 6 contracts
Samples: Warrant Exchange and Exercise Agreement (Avery Communications Inc), Securities Exchange Agreement (Avery Communications Inc), Warrant Exercise and Securities Exchange Agreement (Avery Communications Inc)
Performance by the Company. The Company shall have performed all -------------------------- agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing DateClosing.
Appears in 4 contracts
Samples: Preferred Stock Investment Agreement (PHP Healthcare Corp), Preferred Stock Investment Agreement (Casmyn Corp), Series B Preferred Stock Investment Agreement (Koo Koo Roo Inc/De)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing DateClosing, including, without limitation, delivery of the certificates representing the Common Shares issued to Purchaser.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Synergy 2000 Inc), Securities Purchase Agreement (Myriad Entertainment & Resorts, Inc.), Securities Purchase Agreement (Myriad Entertainment & Resorts, Inc.)
Performance by the Company. The Company shall have performed all agreements and covenants and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing DateClosing.
Appears in 3 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Able Telcom Holding Corp), Convertible Preferred Stock Purchase Agreement (Able Telcom Holding Corp), Convertible Debenture Purchase Agreement (American International Petroleum Corp /Nv/)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing Dateapplicable closing, including, without limitation, delivery of certificates representing the Securities and the Warrants, as applicable.
Appears in 3 contracts
Samples: Common Stock Investment Agreement (Telular Corp), Common Stock Investment Agreement (Hollywood Com Inc), Common Stock Investment Agreement (Plato Learning Inc)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing DateClosing, including, without limitation, delivery of certificates representing the applicable Securities.
Appears in 3 contracts
Samples: Common Stock Investment Agreement (Constellation 3d Inc), Common Stock Investment Agreement (Constellation 3d Inc), Common Stock Investment Agreement (Constellation 3d Inc)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing DateClosing, including, without limitation, delivery of certificates representing the Preferred Shares and Warrants issued to Investors.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Stemcells Inc), Securities Purchase Agreement (Stemcells Inc)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the such Closing Date.
Appears in 2 contracts
Samples: Second Warrant and Senior Subordinated Convertible Note Purchase Agreement (Dynacs Inc), Warrant and Senior Subordinated Convertible Note Purchase Agreement (Dynacs Inc)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing DateClosing, including, without limitation, delivery of certificates representing the Preferred Shares issued to Investor.
Appears in 2 contracts
Samples: Put and Call Agreement (Secure Computing Corp), Put and Call Agreement (Secure Computing Corp)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing DateClosing, including, without limitation, delivery of the Common Shares to the Purchaser.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Star Scientific Inc), Securities Purchase Agreement (Star Scientific Inc)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing DateClosing, including, without limitation, delivery of the Debentures and Warrants issued to Purchaser.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Viragen Inc), Securities Purchase Agreement (Genesisintermedia Com Inc)
Performance by the Company. The Company shall have performed and complied with all agreements and satisfied all conditions required by this Agreement to be performed or satisfied complied with by the Company at it on or prior to the Closing Date.
Appears in 2 contracts
Samples: Financing Agreement (Pathways Group Inc), Financing Agreement (Pathways Group Inc)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing DateClosing, including, without limitation, delivery of the Preferred Shares and Warrants.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Chromavision Medical Systems Inc), Securities Purchase Agreement (Vaxgen Inc)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing DateClosing, including, without limitation, delivery of certificates representing the Preferred Shares and Warrants issued to Investor.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Netguru Inc), Securities Purchase Agreement (Genesisintermedia Com Inc)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing Dateapplicable closing, including, without limitation, delivery of certificates representing the applicable Securities.
Appears in 2 contracts
Samples: Common Stock Investment Agreement (Pharmos Corp), Common Stock Investment Agreement (Blue Zone Inc)
Performance by the Company. The Company shall have performed performed, satisfied and complied in all material respects with all covenants, agreements and satisfied all conditions required by the Transaction Documents to be performed performed, satisfied or satisfied complied with by the Company at or prior to between the Closing Date and the Additional Closing Date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Millennium Cell Inc), Purchase Agreement (Markland Technologies Inc)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at on or prior to the Closing Date.
Appears in 2 contracts
Samples: Note Purchase Agreement (Clean Wind Energy Tower, Inc.), Stock Purchase Agreement (HC Innovations, Inc.)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing DateClosing, including, without limitation, delivery of the Notes issued to Investors.
Appears in 1 contract
Samples: Convertible Note Investment Agreement (Sunshine Mining & Refining Co)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing DateClosing.
Appears in 1 contract
Samples: Preferred Stock Investment Agreement (Ramtron International Corp)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing DateClosing, including payment of the Purchase Price and Convertible Note Accrued Interest to the Seller as provided herein.
Appears in 1 contract
Samples: Securities Purchase Agreement (RAIT Financial Trust)
Performance by the Company. The Company shall have performed all -------------------------- agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing Datesuch Closing.
Appears in 1 contract
Samples: Debenture Purchase Agreement (Constellation 3d Inc)
Performance by the Company. The Company shall have performed and complied with all agreements and satisfied all conditions required by this Agreement to be performed or satisfied complied with by the Company at or them either prior to or at the Closing DateClosing.
Appears in 1 contract
Samples: Asset Purchase Agreement (Hospital Staffing Services Inc)
Performance by the Company. The Company shall have performed in all material respects all agreements and covenants and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing DateClosing.
Appears in 1 contract
Samples: Convertible Debenture Purchase Agreement (Cygnus Inc /De/)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing DateClosing, including issuance of the Purchased Preferred Shares to the Purchasers.
Appears in 1 contract
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing DateClosing, including, without limitation, delivery of the Preferred Units to the Purchaser.
Appears in 1 contract
Samples: Securities Purchase Agreement (Atlas Pipeline Partners Lp)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing DateClosing, including, without limitation, delivery of the Warrants and certificates representing the Preferred Shares issued to Investor.
Appears in 1 contract
Samples: Preferred Stock Investment Agreement (Stan Lee Media Inc)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing DateClosing, including, without limitation, delivery of the Debentures and Warrants.
Appears in 1 contract
Samples: Securities Purchase Agreement (Hybrid Networks Inc)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing DateClosing, including, without limitation, delivery of certificates representing the Preferred Shares, Options and Warrants issued to Investor.
Appears in 1 contract
Samples: Securities Purchase Agreement (Microware Systems Corp)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing Date.Closing, including, without limitation, delivery of certificates representing the Preferred Shares issued to Investor. EXHIBIT 10.1
Appears in 1 contract
Samples: Preferred Stock Investment Agreement (Secure Computing Corp)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company them at or prior to the Closing DateClosing.
Appears in 1 contract
Samples: Note Purchase Agreement (Eagle Wireless International Inc)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at on or prior to the Standby Closing Date.
Appears in 1 contract
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing, including, without limitation, adoption (and filing as applicable) of the Certificate of Designation, issuance of the Preferred Stock, and delivery of the Preferred Stock to the Purchaser on the Closing Date, as applicable.
Appears in 1 contract
Samples: Securities Purchase Agreement (NANOPHASE TECHNOLOGIES Corp)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the any Closing Date.
Appears in 1 contract
Samples: Subordinated Convertible Note Purchase Agreement (Mansur Industries Inc)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing, including, without limitation, delivery of the Convertible Note to the Purchaser on the Closing Date, as applicable.
Appears in 1 contract
Samples: Securities Purchase Agreement (NANOPHASE TECHNOLOGIES Corp)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company under this Agreement, the Debentures and the Warrants at or prior to the Closing DateClosing.
Appears in 1 contract
Performance by the Company. The Company shall have performed all ---------------------------- agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing Date.
Appears in 1 contract
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing, including, without limitation, delivery of the Convertible Notes to the Purchaser on the Closing Date, as applicable.
Appears in 1 contract
Samples: Securities Purchase Agreement (Isco International Inc)
Performance by the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing DateClosing, including, without limitation, delivery of the Debentures and Warrants to the Purchasers.
Appears in 1 contract
