Performance by the Company. The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents and the First Additional Transaction Documents to be performed, satisfied or complied with by the Company between the Closing Date and the Second Additional Closing Date and no Event shall have occurred which has not been cured to the satisfaction of the Purchasers;
Appears in 3 contracts
Samples: Securities Purchase Agreement (Viisage Technology Inc), Convertible Debenture Purchase Agreement (Neotherapeutics Inc), Securities Purchase Agreement (Fidelity Holdings Inc)
Performance by the Company. The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents and the First Additional Transaction Documents to be performed, satisfied or complied with by the Company between the Closing Date and the Second First Additional Closing Date and no Event (as defined in the Registration Rights Agreement ) shall have occurred which has not been cured to the satisfaction of the Purchasers;
Appears in 3 contracts
Samples: Securities Purchase Agreement (Viisage Technology Inc), Convertible Debenture Purchase Agreement (Neotherapeutics Inc), Securities Purchase Agreement (Fidelity Holdings Inc)
Performance by the Company. The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents and the First Additional Transaction Documents to be performed, satisfied or complied with by the Company between the Closing Date and the Second Additional Series C Closing Date and no Event or Triggering Event (each as defined in the Certificate of Designation) shall have occurred which has not been cured to the satisfaction of the Purchasersoccurred;
Appears in 2 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Intelidata Technologies Corp), Convertible Preferred Stock Purchase Agreement (Intelidata Technologies Corp)
Performance by the Company. The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents and the First Additional Transaction Documents to be performed, satisfied or complied with by the Company between the Closing Date and the Second Additional Closing Funding Date and no Event (as defined in the Registration Rights Agreement ) shall have occurred which has not been cured to the satisfaction of the Purchasers;
Appears in 2 contracts
Samples: Convertible Note Purchase Agreement (Universal Broadband Networks Inc), Convertible Debenture Purchase Agreement (Computer Concepts Corp /De)
Performance by the Company. The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents and the First Additional Transaction Documents to be performed, satisfied or complied with by the Company between the Closing Date and the Second First Additional Closing Funding Date and no Event (as defined in the Registration Rights Agreement ) shall have occurred which has not been cured to the satisfaction of the Purchasers;
Appears in 2 contracts
Samples: Convertible Note Purchase Agreement (Universal Broadband Networks Inc), Convertible Debenture Purchase Agreement (Computer Concepts Corp /De)
Performance by the Company. The Company shall have timely performed, satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents and the First Additional Transaction Documents to be performed, satisfied or complied with by the Company between the Closing Date and the Second each Additional Closing Funding Date and no Event (as defined in the Registration Rights Agreement) shall have occurred which has not been cured to the satisfaction of the Purchaserscured;
Appears in 1 contract
Samples: Secured Convertible Debenture Purchase Agreement (Digital Descriptor Systems Inc)
Performance by the Company. The Company shall have performed, -------------------------- satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents this Agreement and the First Additional Transaction Documents Warrants to be performed, satisfied or complied with by the Company between the Initial Closing Date and the Second Additional Closing Date and no Event shall have occurred which has not been cured to the satisfaction of the PurchasersDate;
Appears in 1 contract
Performance by the Company. The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents and the First Additional Transaction Documents to be performed, satisfied or complied with by the Company between the Closing Date and the Second each Additional Closing Funding Date and no Event (as defined in the Registration Rights Agreement) shall have occurred which has not been cured to the satisfaction of the Purchaserscured;
Appears in 1 contract
Samples: Secured Convertible Debenture Purchase Agreement (Digital Descriptor Systems Inc)
Performance by the Company. The Company shall have performed, -------------------------- satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents and the First Additional Transaction Documents to be performed, satisfied or complied with by the Company between the Closing Date and the Second Additional Tranche Closing Date and no Event (as defined in the Registration Rights Agreement) shall have occurred which has not been cured to the satisfaction of the Purchasers;
Appears in 1 contract
Samples: Convertible Debenture Purchase Agreement (Aquatic Cellulose International 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 the Transaction Documents this Agreement and the First Additional other Transaction Documents to be performed, satisfied or complied with by the Company between the Closing Date and at or before the Second Additional Closing Date and no Event shall have occurred which has not been cured to the satisfaction of the PurchasersDate;
Appears in 1 contract
Samples: Securities Purchase Agreement (Soros Fund Management LLC)
Performance by the Company. The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents and the First Additional Transaction Documents to be performed, satisfied or complied with by the Company between the Closing Date and the Second Additional Tranche Closing Date and no Event (as defined in the Registration Rights Agreement ) shall have occurred which has not been cured to the satisfaction of the Purchasers;
Appears in 1 contract
Samples: Secured Convertible Debenture Purchase Agreement (Accord Advanced Technologies Inc)
Performance by the Company. The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents and the First Additional Transaction Documents to be performed, satisfied or complied with by the Company between the Closing Date and the Second First Additional Closing Date and no Event (as defined in the Registration Rights Agreement) shall have occurred which has not been cured to the satisfaction of the Purchasers;
Appears in 1 contract
Samples: Convertible Debenture Purchase Agreement (Forest Glade International Inc)
Performance by the Company. The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents and the First Additional Closing Transaction Documents to be performed, satisfied or complied with by the Company between the Closing Date and the Second Additional Closing Date and no Event of Default (as defined in the Convertible Debenture) whether or not declared, shall have occurred which has not been cured with respect to the satisfaction of Initial Securities or the PurchasersFirst Additional Securities;
Appears in 1 contract
Samples: Convertible Debenture Purchase Agreement (Forest Glade International Inc)
Performance by the Company. The Company shall have timely performed, satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents and the First Additional Transaction Documents (as defined herein) to be performed, satisfied or complied with by the Company between the Closing Date and the Second Additional Closing Funding Date and no Event (as defined in the Registration Rights Agreement) shall have occurred which has not been cured to the satisfaction of the Purchaserscured;
Appears in 1 contract
Samples: Secured Convertible Debenture Purchase Agreement (Phoenix International Industries Inc /Fl/)
Performance by the Company. The Company shall have timely performed, satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents and the First Additional Transaction Documents to be performed, satisfied or complied with by the Company between the Closing Date and the Second Additional Closing Date and no Event (as defined in the Registration Rights Agreement) shall have occurred which has not been cured to the satisfaction of the Purchasers;
Appears in 1 contract
Samples: Securities Purchase Agreement (Brightstar Information Technology Group Inc)
Performance by the Company. The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by the Transaction Documents and the First Additional Transaction Documents to be performed, satisfied or complied with by the Company between the Closing Date and the Second Additional Closing Financing Date and no Event (as defined in the Registration Rights Agreement ) shall have occurred which has not been cured to the satisfaction of the Purchasers;
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 with all covenants, agreements and conditions required by the Transaction Documents and the First Additional Transaction Documents to be performed, satisfied or complied with by the Company between the Closing Date and the Second Additional Closing Date and no Event (as defined in the Registration Rights Agreement ) shall have occurred which has not been cured to the satisfaction of the Purchasers;
Appears in 1 contract
