Performance of Obligations of Company. The Company shall have performed in all material respects all agreements and covenants required to be performed by it under this Agreement on or prior to the Closing Date.
Appears in 4 contracts
Samples: Securities Purchase Agreement (National Storm Management Inc.), Securities Purchase Agreement (National Storm Management Inc.), Securities Purchase Agreement (Clarient, Inc)
Performance of Obligations of Company. The Company shall have performed in all material respects or complied with all agreements and covenants required to be performed by it under this Agreement on at or prior to the Closing Date that are qualified as to materiality or Material Adverse Effect and shall have performed or complied in all material respects with all other obligations required to be performed by it under this Agreement at or prior to the Closing Date.
Appears in 4 contracts
Samples: Merger Agreement (CastlePoint Holdings, Ltd.), Merger Agreement (Tower Group, Inc.), Merger Agreement (Tower Group, Inc.)
Performance of Obligations of Company. The Company shall have performed in all material respects all agreements and covenants required to be performed by it under this Agreement on or prior to the Closing Date.
Appears in 3 contracts
Samples: Purchase and Investment Agreement (American Apparel, Inc), Purchase Agreement (American Apparel, Inc), Purchase Agreement (American Apparel, Inc)
Performance of Obligations of Company. The Company shall have performed in all material respects all covenants, agreements and covenants obligations required to be performed by it under this Agreement on at or prior to the Closing DateClosing.
Appears in 3 contracts
Samples: Merger Agreement (Invitae Corp), Merger Agreement (Invitae Corp), Merger Agreement (Cerecor Inc.)
Performance of Obligations of Company. The Company shall have performed and complied with, in all material respects respects, all agreements obligations and covenants required to be performed and complied with by it Company under this Agreement on or prior to or at the Closing DateClosing.
Appears in 2 contracts
Samples: Merger Agreement (Reliant Bancorp, Inc.), Merger Agreement (United Community Banks Inc)
Performance of Obligations of Company. The Company shall have performed in all material respects all agreements and covenants required to be performed by it under this Agreement on or prior to the Initial Closing Date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Clarient, Inc), Securities Purchase Agreement (Chromavision Medical Systems Inc)
Performance of Obligations of Company. The Company shall have performed in all material respects or complied with all agreements and covenants required to be performed by it under this Agreement on at or prior to the Closing DateDate that are qualified as to materiality or Material Adverse Effect and shall have performed or complied in all material respects with all other material agreements and covenants required to be performed by it under this Agreement at or prior to the Closing Date that are not so qualified, and Parent shall have received a certificate of an executive officer of Company to such effect.
Appears in 2 contracts
Samples: Merger Agreement (Bruker Daltonics Inc), Merger Agreement (Bruker Axs Inc)
Performance of Obligations of Company. The Company shall have performed and complied in all material respects all agreements obligations and covenants required to be performed by it under this Agreement on or prior to the Closing Date.
Appears in 1 contract
Samples: Merger Agreement (Inogen Inc)
Performance of Obligations of Company. The Company shall have performed in all material respects all the covenants, agreements and covenants obligations required to be performed by it under this Agreement on at or prior to the Closing DateClosing; provided that, with respect to any such covenants, agreements or obligations which are subject to materiality, Material Adverse Effect, substantial compliance or similar materiality qualifications, the Company shall have performed such covenants, agreements and obligations in all respects.
Appears in 1 contract
Samples: Merger Agreement (Invitae Corp)
Performance of Obligations of Company. The Company shall have performed in all material respects all covenants, agreements and covenants obligations required to be performed by it under this Agreement on at or prior to the Closing DateClosing; provided, that, with respect to any such covenants agreements or obligations which are subject to materiality, Material Adverse Effect, substantial compliance or similar materiality qualifications, the Company shall have performed such covenants, agreements and obligations in all respects.
Appears in 1 contract
Samples: Merger Agreement (Invitae Corp)
Performance of Obligations of Company. The Company shall have performed or complied in all material respects all agreements with the obligations and covenants required to be have been performed or complied with by it under this Agreement on at or prior to the Closing DateClosing.
Appears in 1 contract
Samples: Merger Agreement (Freshworks Inc.)
Performance of Obligations of Company. The Company shall ------------------------------------- have performed in all material respects all agreements and covenants obligations required to be performed by it under this Agreement on at or prior to the Closing Date.
Appears in 1 contract
Samples: Merger Agreement (Wadhwani Romesh)
