Common use of Performance by the Purchaser Clause in Contracts

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing and as of each Settlement Date.

Performance by the Purchaser. The Purchaser shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement and each other Transaction Document to be performed, satisfied or complied with by the Purchaser at or prior to the Initial Closing each Draw Down Exercise Date and as of each Settlement Date, as applicable.

Performance by the Purchaser. The Purchaser 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 such Purchaser at or prior to the Initial Closing and as of each Settlement DateClosing.

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing and as of each Settlement Date.

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing and as of each Settlement DateClosing.

Performance by the Purchaser. The Purchaser shall have performed, satisfied and complied in performed all material respects with all covenants, agreements and satisfied all conditions required by this Agreement to be performed, performed or satisfied or complied with by the Purchaser at or prior to the Initial Closing and as of each Settlement DateClosing.

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing and as of each Settlement DateClosing.

Performance by the Purchaser. The Purchaser shall have performed, satisfied and complied in performed all material respects with all covenants, agreements and satisfied all conditions required by this Agreement to be performed, performed or satisfied or complied with by the Purchaser at or prior to the Initial Closing and Closing, including full payment of the Purchase Price to the Company as of each Settlement Dateprovided herein.

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing and as of each Settlement Draw Down Exercise Date.

Performance by the Purchaser. The Purchaser 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 such Purchaser at or prior to the Initial Closing and as of each Settlement Date.Closing. 购买人的履行。在交割时或交割之前，购买人应在各方面履行，达到并符合购买人应履行，达到或符合此协议所必需的要求，合同和条件。

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing and as of each Settlement Date.

Performance by the Purchaser. The Purchaser shall have performed, satisfied performed and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied performed or complied with by the Purchaser at or it prior to or at the Initial Closing; and the Seller and the Shareholder shall have been furnished with a certificate or certificates, dated the Closing Date, signed by the President of the Purchaser, certifying, in such detail as the Seller and as the Shareholder may reasonably request, to the fulfillment of each Settlement Datethe foregoing condition.

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing each Draw Down Exercise Date and as of each Settlement Date, as applicable.

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing and as of each Settlement Date.

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial each Closing and as of each Settlement Date.

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing and as of each Settlement Date.

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing and as of each Settlement Date.

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing and as Closing, including but not limited to payment to the Company of each Settlement Datethe Purchase Price for the Securities in immediately available funds.

Performance by the Purchaser. The Purchaser shall have performed, satisfied performed and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied performed or complied with by the Purchaser at or pursuant to this Agreement prior to or at the Initial Closing and as of each Settlement DateClosing.

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing and as of each Settlement DateClosing.

Performance by the Purchaser. The Each Purchaser 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 such Purchaser at or prior to the Initial Closing and as of each Settlement DateClosing.

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing and as of each Settlement Date.Closing; and

Performance by the Purchaser. The Purchaser shall have performed, satisfied and complied in performed all material respects with all covenants, agreements and satisfied all conditions required by this Agreement to be performed, performed or satisfied or complied with by the Purchaser at or prior to the Initial Closing and Date including payment of the Purchase Price to the Company as of each Settlement Dateprovided herein.

Performance by the Purchaser. The Purchaser 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 performed by the Purchaser at or prior to the Initial Closing and as of each Settlement Dateit.

Performance by the Purchaser. The Purchaser shall have performed, satisfied performed and complied in all material respects with all covenantsterms, agreements provisions, agreements, covenants and conditions required by this Agreement to be performed, satisfied or performed and complied with by the Purchaser at or it prior to the Initial Closing and as of each Settlement DateClosing.

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing Closing, each Draw Down Exercise Date and as of each Settlement Date, as applicable.

Performance by the Purchaser. The Purchaser shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement and the Registration Rights Agreement to be performed, satisfied or complied with by the Purchaser it at or prior to the Initial Closing and as of each Settlement Date.Closing; and

Performance by the Purchaser. The Purchaser shall have performed, satisfied and complied in performed all material respects with all covenants, agreements and satisfied all conditions required by this Agreement to be performed, performed or satisfied or complied with by the Purchaser at on or prior to the Initial Closing and Date, including full payment of the Purchase Price to the Company as of each Settlement Dateprovided herein.

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing and as of each Settlement Date.

Performance by the Purchaser. The Purchaser 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 such Purchaser at or prior to the Initial Closing and as of each Settlement DateClosing.

Performance by the Purchaser. The Purchaser shall have materially 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 Purchaser at or prior to the Initial Closing and as of each Settlement Date.

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial applicable Closing and as of each Settlement Date.

Performance by the Purchaser. The Purchaser Purchasers 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 Purchaser Company at or prior to the Initial Closing and as of each Settlement Date.applicable Closing. (c)

Performance by the Purchaser. The Purchaser 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 such Purchaser at or prior to the Initial Closing and as of each Settlement DateClosing.

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing and as Closing, including but not limited to payment to the Company of each Settlement Datethe Purchase Price for the Shares in immediately available funds.

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing and as of each Settlement Date.

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing and as of each Settlement Date.

Performance by the Purchaser. The Purchaser shall have performed, satisfied performed and complied in all material respects with all the agreements, covenants, agreements and conditions required by this Agreement the Purchaser's Documents to be performed, satisfied performed or complied with by the Purchaser it at or prior to before the Initial Closing and as of each Settlement DateClosing.

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing and as of each Settlement Draw Down Closing Date.

Performance by the Purchaser. The Purchaser shall have performed, satisfied and complied in performed all material respects with all covenants, agreements and satisfied all conditions required by this Agreement to be performed, performed or satisfied or complied with by the Purchaser at or prior to the Initial Closing and as Closing, including payment of each Settlement Datethe purchase price hereto.

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to before the Initial Closing and as of each Settlement DateClosing.

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing each Draw Down Exercise Date and as of each Settlement Date, as applicable.

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing and as of each Settlement Daterespective Closing.

Performance by the Purchaser. The Each of the Purchaser shall have performed, satisfied and complied in performed all material respects with all covenants, agreements and satisfied all conditions required by this Agreement to be performed, performed or satisfied or complied with by the Purchaser it at or prior to the Initial Closing and as of each Settlement DateClosing.

Performance by the Purchaser. The Purchaser shall have performed, satisfied duly performed and complied in all material respects with all covenantsterms, agreements and conditions required by this Agreement to be performed, satisfied performed or complied with by the Purchaser at or it prior to or at the Initial Closing and as of each Settlement DateClosing.

Performance by the Purchaser. The Purchaser Purchasers shall have performed, satisfied and complied in performed all material respects with all covenants, agreements and satisfied all conditions required by this Agreement to be performed, performed or satisfied or complied with by the Purchaser Purchasers at or prior to the Initial Closing and as Closing, including payment of each Settlement Datethe purchase price set forth on the signature page hereto.

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing and as of each Settlement Date, as applicable.

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing and as of each Settlement DatePurchaser.

Performance by the Purchaser. The Purchaser 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 such Purchaser at or prior to the Initial Closing and as of each Settlement Date.Secondary Closing; and

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing and as Date (including payment of each Settlement Datethe Purchaser's purchase price).

Performance by the Purchaser. The Purchaser shall have performed, satisfied and complied in performed all material respects with all covenants, agreements and satisfied all conditions required by this Agreement to be performed, performed or satisfied or complied with by the Purchaser under the terms of this Agreement at or prior to the Initial Closing and as of each Settlement DateClosing.

Performance by the Purchaser. The Purchaser shall have performed, satisfied and complied in performed all material respects with all covenants, agreements and satisfied all conditions required by this Agreement to be performed, performed or satisfied or complied with by the such Purchaser at or prior to the Initial Closing and as of each Settlement DateClosing.

Performance by the Purchaser. The Purchaser shall have performed, satisfied 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 Purchaser at or prior to the Initial Closing and as of each Settlement DateClosing.

Performance by the Purchaser. The Purchaser shall have performed, satisfied and complied in performed all material respects with all covenants, agreements and satisfied all conditions required by this Agreement to be performed, performed or satisfied or complied with by the Purchaser at or prior to the Initial Closing and Closing, including payment of the Purchase Price to the Company as of each Settlement Dateprovided herein.

Performance by the Purchaser. The Purchaser ---------------------------- 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 Purchaser at or prior to the Initial Closing and as of each Settlement Date.

Performance by the Purchaser. The Purchaser shall have performed, satisfied performed and complied in all material respects with all covenantsagreements, agreements covenants and conditions required by this Agreement the Purchaser Documents to be performed, satisfied performed or complied with by the Purchaser at or prior to before the Initial Closing and as of each Settlement DateClosing.

Performance by the Purchaser. The Purchaser shall have performed, performed satisfied and complied in all material respects with all covenants, agreements and conditions CONDITIONS required by this Agreement to be performed, satisfied or complied with by the Purchaser it at or prior to the Initial Closing and as of each Settlement Date.Closing; and

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing each Draw Down Exercise Date and as of each Settlement Date, as applicable.

Performance by the Purchaser. The Purchaser 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 Purchaser it at or prior to the Initial Closing and as of each Settlement Date.Closing;

Performance by the Purchaser. The Purchaser shall have performed, satisfied 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 Purchaser at or prior to the Initial Closing and as of each Settlement Date.

Performance by the Purchaser. The Purchaser shall have performed, satisfied and performed or complied in all material respects with all covenants, agreements obligations and conditions covenants required by this Agreement to be performed, satisfied performed or complied with by the Purchaser at or it prior to or at the Initial Closing and as of each Settlement DateClosing.

Performance by the Purchaser. The Purchaser shall have performed, performed and satisfied and complied in all material respects with all covenants, agreements and conditions which it is required by this Agreement to be performed, satisfied perform or complied with by the Purchaser at or satisfy prior to or on the Initial Closing and as of each Settlement Date.

Performance by the Purchaser. The Purchaser shall have performed, satisfied and complied in performed all material respects with all covenants, ---------------------------- agreements and satisfied all conditions required by this Agreement to be performed, performed or satisfied or complied with by the Purchaser at or prior to the Initial Closing and as of each Settlement DateClosing.

Performance by the Purchaser. The Purchaser 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 Purchaser it at or prior to the Initial Closing and as of each Settlement Date.Closing; and

Performance by the Purchaser. The Purchaser shall have performed, satisfied and complied in performed all material respects with all covenants, agreements and satisfied all conditions required by this Agreement to be performed, performed or satisfied or complied with by the Purchaser at or prior to the Initial Closing and Closing, including payment of the purchase price set forth on SCHEDULE I to the Company as of each Settlement Dateprovided herein.

Performance by the Purchaser. The Purchaser shall have performed, satisfied performed and complied in all material respects with all covenantsagreements, agreements covenants and conditions required by this Agreement to be performed, satisfied or performed and complied with by the Purchaser at or it prior to or on the Initial Closing and as of each Settlement DateClosing.

Performance by the Purchaser. The Purchaser 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 my the Purchaser at or prior to the Initial Closing and as of each Settlement Datesuch Closing.

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing and as of each Draw Down Exercise Date or each Settlement Date, as applicable.

Performance by the Purchaser. The Purchaser shall have performed, satisfied and complied compiled in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Purchaser it at or prior to the Initial Closing and as of each Settlement Date.Closing; and

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing Effective Date and as of each Settlement Date.

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing and as of each Settlement Date.Primary Closing; and

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing Execution Date and as of each Settlement Date.

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing and as of each Settlement Datea Closing.

Performance by the Purchaser. The Purchaser shall have performed, satisfied 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 Purchaser at or prior to the Initial Closing and as of each Settlement Datesuch Closing.

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing and as of each Settlement Date.

Performance by the Purchaser. The Purchaser shall have performed, satisfied performed and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied performed or complied with by the Purchaser at or it prior to or at the Initial Closing and as of each Settlement DateClosing.

Performance by the Purchaser. The Purchaser 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 such Purchaser at or prior to the Initial Closing and as of each Settlement Date.

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing and as of each Settlement Daterespective Closing.

Performance by the Purchaser. The Purchaser 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 Purchaser it at or prior to the Initial Closing and as of each Settlement Date.Closing; and

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing and as of each Settlement Date.

Performance by the Purchaser. The Purchaser shall have performed, satisfied performed and complied in all material respects with all covenants, agreements and conditions covenants required by this Agreement the Purchaser Documents to be performed, satisfied performed or complied with by the Purchaser at or prior to before the Initial Closing and as of each Settlement DateClosing.

Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Initial Closing and as of each Settlement Draw Down Exercise Date.

Performance by the Purchaser. The Each of the obligations of the Purchaser to be performed by it on or before the Closing Date pursuant to the terms of this Agreement, shall have performed, satisfied been duly performed 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 Purchaser at or prior to the Initial Closing and as of each Settlement Daterespects.

Performance by the Purchaser. The Purchaser shall have performed, satisfied and complied with, in all material respects with respects, all covenants, agreements agreements, and conditions required by this Agreement to be performed, satisfied or complied with by the Purchaser at them on or prior to the Initial Closing Date, and as the Company shall have received a certificate attesting thereto signed by a duly authorized officer or agent of each Settlement Datethe Purchaser.

Performance by the Purchaser. The Purchaser shall have performed, satisfied performed and complied in all material respects with all covenantsagreements, agreements covenants and conditions required by this Agreement the Purchaser Documents to be performed, satisfied performed or complied with by the Purchaser at or prior to before the Initial Closing and as of each Settlement DateClosing.

Performance by the Purchaser. The Purchaser 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 such Purchaser at or prior to the Initial Closing and as of each Settlement DateClosing.

Performance by the Purchaser. The Purchaser shall have performed, satisfied duly performed and complied in all material respects with all covenantsterms, agreements and conditions required by this Agreement to be performed, satisfied performed or complied with by the Purchaser at or prior to or at the Initial Closing and as of each Settlement Datedate hereof.

Performance by the Purchaser. The Purchaser shall have performed, satisfied and complied complied, in all material respects respects, with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Purchaser at or prior to the Initial Closing and as of each Settlement DateClosing.

Performance by the Purchaser. The Purchaser shall have performed, satisfied and complied with, in all material respects with respects, all covenants, agreements agreements, and conditions required by this Agreement to be performed, satisfied or complied with by the Purchaser at it on or prior to the Initial Closing Date, and as the Company shall have received a certificate attesting thereto signed by a duly authorized officer or agent of each Settlement Datethe Purchaser.

Performance by the Purchaser. The Purchaser shall have performed, satisfied and complied in performed all material respects with all covenants, agreements and satisfied all conditions required by this Agreement to be performed, performed or satisfied or complied with by the Purchaser at or prior to the Initial Closing Exchange, including surrender of the Debenture and as of each Settlement DateAdjustment Warrant.