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 Registration Rights Agreement and the Escrow Agreement to be performed, satisfied or complied with by the Company at or prior to each Condition Satisfaction Date.
Appears in 2 contracts
Samples: Private Equity Line of Credit Agreement (Focus Enhancements Inc), Private Equity Line of Credit Agreement (Cytrx 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, Agreement and the Registration Rights Agreement and the Escrow Agreement to be performed, satisfied or complied with by the Company at or prior to each Condition Satisfaction Datesuch date, nor shall there have occurred an Event of Default under this Agreement.
Appears in 2 contracts
Samples: Equity Line Financing Agreement (Computer Motion Inc), Equity Line Financing Agreement (Gadzoox Networks Inc)
Performance by the Company. The Company shall have -------------------------- have, in all material respects, performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement, Agreement and the Registration Rights Agreement and the Escrow Agreement to be performed, satisfied or complied with by the Company at or prior to each Condition Satisfaction DateCompany.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Top Ships Inc.), Common Stock Purchase Agreement (Sovereign 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 AgreementAgreement (including, without limitation, the conditions specified in Section 2.5 hereof) and the Registration Rights Agreement and the Escrow Agreement to be performed, satisfied or complied with by the Company at or prior to each Condition Satisfaction Date.
Appears in 2 contracts
Samples: Standby Equity Distribution Agreement (Donobi Inc), Standby Equity Distribution Agreement (Falcon Natural Gas 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, Agreement and the Registration Rights Agreement and the Escrow Agreement to be performed, satisfied or complied with by the Company at or prior to each Condition Satisfaction Date.
Appears in 2 contracts
Samples: Equity Line of Credit Agreement (Pacel Corp), Equity Line of Credit Agreement (Flexxtech 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, the Debentures, the Warrants and the Registration Rights Agreement and the Escrow Agreement to be performed, satisfied or complied with by the Company at or prior to each Condition Satisfaction any Subsequent Closing Date.;
Appears in 2 contracts
Samples: Securities Purchase Agreement (Team Communication Group Inc), Securities Purchase Agreement (Team Communication 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, Agreement and the Registration Rights Agreement and the Escrow Agreement to be performed, satisfied or complied with by the Company at or prior to each Condition Satisfaction Date.
Appears in 1 contract
Samples: Stock Purchase Agreement (Cbcom 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 and the Registration Rights Agreement and the Escrow Agreement to be performed, satisfied or complied with by the Company at or prior to each Condition Satisfaction Date.
Appears in 1 contract
Samples: Private Equity Line of Credit Agreement (Advanced Aerodynamics & Structures 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 and the Registration Rights Agreement and the Escrow Agreement to be performed, satisfied or complied with by the Company at or prior to each Condition Satisfaction 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, the Registration Rights Agreement and the Escrow Agreement Warrant required to be performed, satisfied or complied with by the Company at as of or prior to each the applicable Condition Satisfaction Date.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Discovery Laboratories Inc /De/)
Performance by the Company. The Company shall have -------------------------- performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement, the Registration Rights Agreement Agreement, the Warrants and the Escrow Agreement Certificate of Designation to be performed, satisfied or complied with by the Company including, without limitation, Section 4.2 hereof, at or prior to each Condition Satisfaction Datethe Second Closing.
Appears in 1 contract
Samples: Convertible Securities Subscription Agreement (Borland International Inc /De/)
Performance by the Company. The Company shall ----------------------------- have -------------------------- performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this AgreementAgreement (including, without limitation, the conditions specified in Section 2.5 hereof) and the Registration Rights Agreement and the Escrow Agreement to be performed, satisfied or complied with by the Company at or prior to each Condition Satisfaction Date.
Appears in 1 contract
Samples: Standby Equity Distribution Agreement (Intrepid Technology & Resource 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 Registration Rights Agreement and the Escrow Agreement to be performed, satisfied or complied with by the Company at or prior to each Condition Satisfaction Precedent Date.
Appears in 1 contract
Samples: Flexible Underwritten Equity Facility Agreement (Us Concrete 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 Certificate of Designation, the Escrow Agreement, and the Registration Rights Agreement and the Escrow Agreement to be performed, satisfied or complied with by the Company at or prior to each Put Date and each Condition Satisfaction Date.
Appears in 1 contract
Samples: Preferred Stock and Private Equity Line of Credit Agreement (Ijnt Net 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 and the Registration Rights Agreement and the Escrow Agreement to be performedperforn1ed, satisfied or complied with by the Company at or prior to each Condition Satisfaction Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Las Vegas Railway Express, 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 AgreementAgreement (including, without limitation, the conditions specified in Section 2.5 hereof) and the Registration Rights Agreement and the Escrow Agreement to be performed, satisfied or complied with by the Company at or prior to each Condition Satisfaction Date.
Appears in 1 contract
Samples: Standby Equity Distribution Agreement (Intrepid Technology & Resource Inc)
Performance by the Company. The Company shall have -------------------------- have, in all material respects, performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement, the Registration Rights Agreement and the Escrow Agreement Warrant to be performed, satisfied or complied with by the Company at on or prior to each the applicable Condition Satisfaction Date.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Discovery Laboratories Inc /De/)
Performance by the Company. The Company shall have -------------------------- performed, -------------------------- satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement, the Escrow Agreement, the Registration Rights Agreement Agreement, and the Escrow Agreement Certificate of Designation for the Series B Preferred Stock to be performed, satisfied or complied with by the Company at or prior to each Condition Satisfaction 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, Agreement and the Registration Rights Agreement and the Escrow Agreement to be performed, satisfied or complied with by the Company at or prior to each Condition Satisfaction Date.
Appears in 1 contract
Samples: Equity Line of Credit Agreement (Medix Resources 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 AgreementAgreement (including, without limitation, the conditions specified in Section 2.5 hereof) and the Registration Rights Agreement and the Escrow Agreement to be performed, satisfied or complied with by the Company at or prior to each Condition Satisfaction Date.
Appears in 1 contract
Samples: Standby Equity Distribution Agreement (China World Trade 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, the Registration Rights Agreement Agreement, the Convertible Note and the Escrow Agreement Warrants to be performed, satisfied or complied with by the Company at or prior to each Condition Satisfaction Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Dauphin Technology Inc)
Performance by the Company. The Company shall have -------------------------- have, in all material respects, performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement, Agreement and the Registration Rights Agreement and the Escrow Agreement to be performed, satisfied or complied with by the Company at on or prior to each the applicable Condition Satisfaction Date.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Neurocrine Biosciences 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 Registration Rights Agreement Agreement, the Warrants and the Escrow Agreement Certificate of Designation to be performed, satisfied or complied with by the Company including, without limitation, Section 4.2, at or prior to each Condition Satisfaction Datethe Put Closing.
Appears in 1 contract
Samples: Convertible Securities Subscription Agreement (Borland International Inc /De/)
Performance by the Company. The Company shall have -------------------------- performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement, Agreement and the Registration Rights Agreement and the Escrow Agreement to be performed, satisfied or complied with by the Company at or prior to each Condition Satisfaction Advance Notice Date.
Appears in 1 contract
Samples: Standby Equity Distribution Agreement (Bioheart, 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 AgreementAgreement (including, without limitation, the conditions specified in Section 2.5 hereof) and the Registration Rights Agreement and the Escrow Agreement to be performed, satisfied or complied with by the Company at or prior to each Condition Satisfaction 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, the Registration Rights Agreement and the Escrow Agreement to be performed, satisfied or complied with by the Company including, without limitation, Section 4.2, at or prior to each Condition Satisfaction Datethe First Closing.
Appears in 1 contract
Samples: Convertible Securities Subscription Agreement (Borland International Inc /De/)
Performance by the Company. The Company shall have -------------------------- performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this AgreementAgreement (including, without limitation, the conditions specified in Section 2.5 hereof) and the Registration Rights Agreement and the Escrow Agreement to be performed, satisfied or complied with by the Company at or prior to each Condition Satisfaction Date.
Appears in 1 contract
Samples: Standby Equity Distribution Agreement (Roanoke 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, the Registration Rights Agreement and the Escrow Agreement Transaction Documents to be performed, satisfied or complied with by the Company at or prior to each Condition Satisfaction between the Closing Date and the Additional Funding Date.
Appears in 1 contract
Samples: Secured Convertible Debenture Purchase Agreement (Demarco Energy Systems of America 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 AgreementAgreement (including, without limitation, the Registration Rights Agreement and the Escrow Agreement conditions specified in Section 2.5 hereof) to be performed, satisfied or complied with by the Company at or prior to each Condition Satisfaction Date.
Appears in 1 contract
Samples: Periodic Equity Investment Agreement (Cereplast 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 AgreementAgreement (including, without limitation, the Registration Rights Agreement and the Escrow Agreement conditions specified in Section 2.4 hereof) to be performed, satisfied or complied with by the Company at or prior to each Condition Satisfaction Date.
Appears in 1 contract
Samples: Facility Agreement (WorldSpace, Inc)
Performance by the Company. (I) The Company shall have -------------------------- performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement, Agreement and the Registration Rights Agreement and the Escrow Agreement to be performed, satisfied or complied with by the Company at or prior to each Condition Satisfaction Datesuch date, nor shall there have occurred an Event of Default under this Agreement.
Appears in 1 contract
Samples: Equity Line Financing Agreement (Gadzoox Networks Inc)
