Performance; No Default. The Company shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing.
Appears in 17 contracts
Samples: Purchase Agreement (Callon Petroleum Co), Joinder Agreement (Callon Petroleum Co), Exchange and Sale Agreement (Turning Point Brands, Inc.)
Performance; No Default. The Company shall have performed and complied in with ----------------------- all material respects with all covenants and agreements and conditions contained in this Agreement required to be performed or complied with by it the Company prior to or at the Closing.
Appears in 5 contracts
Samples: Exchange Agreement (Equalnet Communications Corp), Amendment Agreement (Equalnet Communications Corp), Exchange Agreement (Equalnet Communications Corp)
Performance; No Default. The Company shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Nationsrent Inc), Subscription Agreement (PMC International Inc), Subscription Agreement (PMC International Inc)
Performance; No Default. The Company shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the relevant Closing. There shall not have occurred and be continuing an Event of Default under this Agreement or the Senior Loan Facilities.
Appears in 2 contracts
Samples: Note Purchase Agreement (Wynn Resorts LTD), Note Purchase Agreement (Wynn Resorts LTD)
Performance; No Default. The Company shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement and in each Collateral Document to which it is a party required to be performed or complied with by it prior to or at as of the ClosingEffective Date and no Default or Event of Default shall have occurred and be continuing.
Appears in 2 contracts
Samples: Collateral Agency Agreement (Modine Manufacturing Co), Modine Manufacturing Co
Performance; No Default. The Company shall have performed and complied in all material respects with all covenants and agreements and conditions contained in this Agreement required to be performed or complied with by it the Company prior to or at the Closing.
Appears in 2 contracts
Samples: Document Exchange Agreement (Focal Communications Corp), Exchange Agreement (Salton Inc)
Performance; No Default. The Company shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement the Transaction Documents required to be performed or complied with by it prior to or at the Closing.
Appears in 2 contracts
Samples: Secured Note Purchase Agreement (Marver James D), Secured Note Purchase Agreement (Euniverse Inc)
Performance; No Default. The Company Companies shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement and the other Transaction Documents required to be performed or complied with by it prior to or at the Closing.
Appears in 1 contract
Samples: Loan Agreement (Pacific Aerospace & Electronics Inc)
Performance; No Default. The Company shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the ClosingClosing and at the time of the Closing no Event of Default or Potential Event of Default shall have occurred and be continuing.
Appears in 1 contract
Samples: Security Agreement (Party City Corp)
Performance; No Default. The Company shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement required to be performed or complied with by it the Company prior to or at the Closing.
Appears in 1 contract
Samples: Exchange Agreement (Commercial Vehicle Group, Inc.)
Performance; No Default. The Company shall have performed and complied with and shall continue to be in all material respects compliance with all agreements and conditions contained in this Agreement and the Security Documents required to be performed or complied with by it prior to or at the Closing.
Appears in 1 contract
Performance; No Default. The Company shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing.. 4.3
Appears in 1 contract
Samples: Apollo Investment Fund Iv Lp
Performance; No Default. The Company shall have performed and ----------------------- complied in all material respects with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing.
Appears in 1 contract
Performance; No Default. The Each of the Company shall and LLC will have performed and complied in all material respects with all the obligations, agreements and conditions contained in required by this Agreement required to be performed or complied with by it them at or prior to or at the Closing.
Appears in 1 contract
Performance; No Default. The Company shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement and the other Transaction Documents required to be performed or complied with by it at or prior to or such Closing, and at the time of such Closing., after giving effect to the sale of the Notes and Warrants
Appears in 1 contract
Samples: Securities Purchase Agreement (Ascent Pediatrics Inc)
Performance; No Default. The Company shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement required to be performed or complied with by it the Company prior to or at the ClosingClosing Date.
Appears in 1 contract
Performance; No Default. The Company shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement required to be performed or complied with by it the Company prior to or at the Closing.
Appears in 1 contract
Performance; No Default. The Company shall have performed and or complied with in all material respects with all agreements agreements, covenants and conditions contained in this Agreement herein required to be performed or complied with by it prior to or at on the ClosingClosing Date.
Appears in 1 contract
