Performance of Obligations. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the Closing.
Appears in 21 contracts
Samples: Share Subscription Agreement (9F Inc.), Share Subscription Agreement (9F Inc.), Share Subscription Agreement (9F Inc.)
Performance of Obligations. The Company shall have performed and complied with in all agreements, material respects all obligations and conditions contained in this Agreement that are required to be performed or complied with by it on under this Agreement at or before prior to the ClosingClosing Date.
Appears in 18 contracts
Samples: Merger Agreement (Elanco Animal Health Inc), Merger Agreement (Aratana Therapeutics, Inc.), Merger Agreement (Lexmark International Inc /Ky/)
Performance of Obligations. The Company Each of the Group Companies shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the ClosingClosing and shall have obtained all approvals, consents and qualifications necessary to complete the transactions contemplated hereby.
Appears in 16 contracts
Samples: Series D+ Preferred Share Purchase Agreement (Kingsoft Cloud Holdings LTD), Preferred Share Purchase Agreement (Kingsoft Cloud Holdings LTD), Share Purchase Agreement (Kingsoft Cloud Holdings LTD)
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreements, obligations agreements and conditions contained in this Agreement that are herein required to be performed or complied with by it the Company on or before the ClosingClosing Date.
Appears in 13 contracts
Samples: Share Purchase Agreement (BeiGene, Ltd.), Securities Purchase Agreement (CONTRAFECT Corp), Share Purchase Agreement (BeiGene, Ltd.)
Performance of Obligations. The Company shall have performed and complied with in all agreements, obligations and conditions material respects each of its agreements contained in this Agreement that are required to be performed or complied with by it on or before prior to the ClosingEffective Time.
Appears in 10 contracts
Samples: Merger Agreement (Citizens Community Bancorp Inc.), Merger Agreement (Ubiquity Broadcasting Corp), Merger Agreement (Sealand Natural Resources Inc)
Performance of Obligations. The Company Corporation shall have performed and complied in all material respects with all agreements, covenants, obligations and conditions contained in required by this Agreement that are required to be performed or complied with by it on at or before prior to the Closing.
Appears in 10 contracts
Samples: Merger Agreement (Willow Tree Capital Corp), Merger Agreement (Willow Tree Capital Corp), Merger Agreement (Varagon Capital Corp.)
Performance of Obligations. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the ClosingClosing and shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.
Appears in 9 contracts
Samples: Contribution Agreement, Loan Conversion and Common Stock Purchase Agreement (Lescarden Inc), Common Stock Purchase Agreement (Lescarden Inc)
Performance of Obligations. The Company shall have performed performed, satisfied and complied with with, in all agreementsmaterial respects, obligations all covenants and conditions contained agreements set forth in this Agreement that are required to be performed or complied with by it on under this Agreement at or before prior to the Closing.
Appears in 8 contracts
Samples: Investment Agreement (Global Signal Inc), Investment Agreement (Fortress Investment Group LLC), Investment Agreement (Fortress Investment Holdings LLC)
Performance of Obligations. The Company shall have performed and complied with in all agreements, material respects its obligations and conditions contained in under this Agreement that are required to be performed or complied with by it on at or before prior to the Closing.Closing pursuant to the terms hereof;
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Leo Holdings Corp. II), Merger Agreement (Power & Digital Infrastructure Acquisition II Corp.), Merger Agreement (Software Acquisition Group Inc. III)
Performance of Obligations. The Company shall have performed and complied with in all agreements, material respects all obligations and conditions contained in this Agreement that are required to be performed or complied with by it on under this Agreement at or before prior to the Closing.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Carver Bancorp Inc), Stock Purchase Agreement (Broadway Financial Corp \De\), Stock Purchase and Exchange Agreement (Broadway Financial Corp \De\)
Performance of Obligations. The Company shall have performed and or complied with in all agreements, obligations material respects its agreements and conditions covenants contained in this Agreement that are required to be performed or complied with by it on at or before prior to the ClosingEffective Time pursuant to the terms hereof.
Appears in 7 contracts
Samples: Merger Agreement (At Home Group Inc.), Merger Agreement (ORBCOMM Inc.), Merger Agreement (Control4 Corp)
Performance of Obligations. The Company shall have performed performed, in all material respects, all obligations and complied with all agreements, obligations and conditions contained in covenants required by this Agreement that are required to be performed or complied with with, in all material respects, by it on or before prior to the ClosingEffective Time.
Appears in 6 contracts
Samples: Merger Agreement (RDE, Inc.), Merger Agreement (RDE, Inc.), Merger Agreement (Incumaker, Inc.)
Performance of Obligations. The Company shall have performed and complied with in all agreements, material respects all covenants and obligations and conditions contained in this Agreement that are required to be performed or complied with by it on under this Agreement at or before the ClosingClosing Date.
Appears in 6 contracts
Samples: Merger Agreement (Anixter International Inc), Merger Agreement (Wesco International Inc), Merger Agreement (Wesco International Inc)
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreements, agreements and obligations and conditions contained in this Agreement that are herein required to be performed or complied with by it the Company on or before the ClosingClosing Date.
Appears in 5 contracts
Samples: Preferred Stock Purchase Agreement (Vie Financial Group Inc), Preferred Stock Purchase Agreement (Softbank Corp), Preferred Stock Purchase Agreement (Peoplepc Inc)
Performance of Obligations. The Company shall have performed and complied with all agreements, obligations and conditions contained in of its covenants required by this Agreement that are required to be have been performed or complied with by it on or before prior to the Closing.
Appears in 5 contracts
Samples: Agreement of Purchase and Sale (Saturn Electronics & Engineering Inc), Agreement of Purchase and Sale (Smartflex Systems Inc), Agreement of Purchase and Sale (General Automation Inc)
Performance of Obligations. The Company shall have performed and complied with or performed in all agreements, obligations material respects all of the Company’s covenants and conditions contained in this Agreement that are agreements it is required to be performed comply with or complied with by it on perform at or before prior to the ClosingClosing Date.
Appears in 5 contracts
Samples: Merger Agreement (Id Systems Inc), Merger Agreement (Pointer Telocation LTD), Merger Agreement (Polycom Inc)
Performance of Obligations. The Company shall have performed in all material respects all obligations and complied in all material respects with all agreements, obligations and conditions contained in covenants required by this Agreement that are required to be performed or complied with by it on or before prior to the ClosingEffective Time.
Appears in 5 contracts
Samples: Merger Agreement (Transatlantic Petroleum Ltd.), Merger Agreement (Asta Funding Inc), Merger Agreement
Performance of Obligations. The Company shall have performed in all material respects each of its respective covenants and complied with all agreements, obligations and conditions agreements contained in this Agreement that are and required to be performed at or complied with by it on or before prior to the Closing.
Appears in 5 contracts
Samples: Share Subscription Agreement (Ma Kevin Xiaofeng), Share Subscription Agreement, Stock Purchase Agreement (Broadpoint Securities Group, Inc.)
Performance of Obligations. The Company shall have performed and complied with in all agreements, material respects all of the obligations and conditions contained in under this Agreement that are required to be performed by the Company at or complied with by it on or before prior to the ClosingClosing Date.
Appears in 5 contracts
Samples: Reclassification Agreement (American Software Inc), Reclassification Agreement (MSC Industrial Direct Co Inc), Reclassification Agreement (Monro, Inc.)
Performance of Obligations. The Company shall have have, in all material respects, performed and or complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on under this Agreement at or before the ClosingClosing Date.
Appears in 5 contracts
Samples: Merger Agreement (Stein Mart Inc), Merger Agreement (Empire Resorts Inc), Merger Agreement (Feldenkreis George)
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are agreements required to be performed or and complied with by it hereunder on or before prior to the Closing.Closing Date;
Appears in 5 contracts
Samples: Subscription Agreement (Hanover Compression Inc), Subscription Agreement (Hanover Compression Inc), Subscription Agreement (Hanover Compression Inc)
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreementscovenants, obligations and conditions contained in of this Agreement that are required to be performed or and complied with by it on or before as of the Closing.
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (Zygo Corp), Agreement and Plan of Reorganization (Virage Logic Corp), Merger Agreement (Nexprise Inc)
Performance of Obligations. The Company shall have performed and complied with in all agreements, material respects all obligations and conditions contained in this Agreement that are covenants required to be performed or complied with by it on under this Agreement at or before the ClosingClosing Date.
Appears in 4 contracts
Samples: Merger Agreement (Bruush Oral Care Inc.), Merger Agreement (Bruush Oral Care Inc.), Merger Agreement (Ikonics Corp)
Performance of Obligations. The Company shall have performed in all material respects all agreements and complied with all agreements, obligations and conditions contained in this Agreement that are covenants required to be performed or complied with by it on or before under this Agreement prior to the ClosingClosing Date.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Electronic Control Security Inc), Securities Purchase Agreement (Infocrossing Inc), Securities Purchase Agreement (TNX Television Holdings Inc)
Performance of Obligations. The Company shall have performed in all material respects each of its respective covenants and complied with all agreements, obligations and conditions agreements contained in this Agreement that are and each other Transaction Document and required to be performed at or complied with by it on or before prior to the Closing.
Appears in 4 contracts
Samples: Series a Convertible Preferred Shares Purchase Agreement (China BCT Pharmacy Group, Inc.), Series a Convertible Preferred Shares Purchase Agreement (China BCT Pharmacy Group, Inc.), Series C Convertible Preferred Shares Purchase Agreement (XINHUA SPORTS & ENTERTAINMENT LTD)
Performance of Obligations. The Company Each of the Company, the Subsidiaries and the Founders shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the Closing.
Appears in 4 contracts
Samples: Series a Preferred Share Purchase Agreement (Le Gaga Holdings LTD), Series A1 Preferred Share Purchase Agreement (Le Gaga Holdings LTD), Share Subscription Agreement (Le Gaga Holdings LTD)
Performance of Obligations. The Company shall have performed and complied with with, in all agreementsmaterial respects, obligations each agreement, covenant and conditions contained in obligation required by this Agreement that are required to be so performed or complied with by it on the Company at or before prior to the Closing.
Appears in 4 contracts
Samples: Merger Agreement (Alpnet Inc), Merger Agreement (Telescan Inc), Merger Agreement (Newmedia Spark PLC)
Performance of Obligations. The Company shall have in all material respects performed and complied with all agreements, obligations and conditions contained in this Agreement that are agreements required to be performed or complied with by it under this Agreement and shall have performed in all material respects any actions contemplated by this Agreement prior to or on or before the ClosingClosing and the Company shall have complied in all material respects with the course of conduct required by this Agreement.
Appears in 4 contracts
Samples: Share Exchange Agreement (Gulf & Orient Steamship Company, Ltd.), Share Exchange Agreement (Geo Point Resources, Inc.), Share Exchange Agreement (TORtec Group Corp)
Performance of Obligations. The Company shall have performed and or complied in all material respects with all agreements, obligations covenants and conditions contained in this Agreement that are agreements required to be performed or complied with by it on or before the ClosingCompany under this Agreement and the other Transaction Documents.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Happiness Development Group LTD), Securities Purchase Agreement (Happiness Biotech Group LTD), Securities Purchase Agreement (Happiness Biotech Group LTD)
Performance of Obligations. The Company shall have performed and complied with all agreements, obligations agreements and conditions contained in this Agreement that are herein required to be performed or complied with by it the Company on or before the ClosingClosing Date.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Onconova Therapeutics, Inc.), Securities Purchase Agreement (Onconova Therapeutics, Inc.), Stock Purchase Agreement (Calithera Biosciences, Inc.)
Performance of Obligations. The Company shall have performed and complied with in all agreements, material respects all obligations and conditions contained in this Agreement that are required to be performed or complied with by it on under this Agreement at or before prior to the ClosingEffective Time.
Appears in 4 contracts
Samples: Merger Agreement (Sandy Spring Bancorp Inc), Merger Agreement (Community Financial Corp /Md/), Merger Agreement (WashingtonFirst Bankshares, Inc.)
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it the Company on or before the Closing.
Appears in 4 contracts
Samples: Class a Common Stock Purchase Agreement (Intel Corp), Class a Common Stock Purchase Agreement (Vmware, Inc.), Common Stock Purchase Agreement (Vivakor, Inc.)
Performance of Obligations. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the a Closing, or after a Closing.
Appears in 3 contracts
Samples: Acquisition Agreement (Elray Resources, Inc.), Acquisition Agreement (Elray Resources, Inc.), Stock Purchase and Investor Rights Agreement (Kraig Biocraft Laboratories, Inc)
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreementsthe obligations, obligations covenants and conditions contained in this Agreement that are agreements required to be performed or complied with by it on under this Agreement at or before prior to the Closing.
Appears in 3 contracts
Samples: Merger Agreement (U.S. Concrete, Inc.), Merger Agreement, Agreement and Plan of Merger (Ca, Inc.)
Performance of Obligations. The Company shall have performed in all material respects all obligations, covenants and complied with all agreements, obligations and conditions contained in this Agreement that are agreements herein required to be performed or complied with by it on or before prior to the Closing.
Appears in 3 contracts
Samples: Convertible Preferred Stock Securities Purchase Agreement (China New Energy Group CO), Series B Convertible Preferred Stock Securities Purchase Agreement (China New Energy Group CO), Convertible Preferred Stock Securities Purchase Agreement (China New Energy Group CO)
Performance of Obligations. The Company shall have performed and complied with in all agreements, obligations and conditions material respects each of its agreements contained in this Agreement that are required to be performed or complied with by it on or before prior to the ClosingEffective Time.
Appears in 3 contracts
Samples: Merger Agreement (Hf Financial Corp), Merger Agreement (Great Western Bancorp, Inc.), Merger Agreement (Great Western Bancorp, Inc.)
Performance of Obligations. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are herein required to be performed or complied with by it on or before the prior to such Closing.
Appears in 3 contracts
Samples: Collaboration Agreement (Forest Laboratories Inc), Collaboration Agreement (Ironwood Pharmaceuticals Inc), Collaboration Agreement (Ironwood Pharmaceuticals Inc)
Performance of Obligations. The Company shall have performed and complied with all agreements, of the obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before prior to the ClosingClosing Date, and Subscriber shall have received a certificate signed by an officer of the Company to the foregoing effect.
Appears in 3 contracts
Samples: Subscription Agreement (Lauder Ronald S), Subscription Agreement (Central European Media Enterprises LTD), Subscription Agreement (Time Warner Inc.)
Performance of Obligations. The Company shall have performed and complied with in all agreements, obligations material respects all covenants and conditions contained in this Agreement that are agreements required to be performed or complied with by it on under this Agreement and the Real Estate Purchase Agreement (including Section 2.3 thereof) at or before prior to the ClosingClosing Date.
Appears in 3 contracts
Samples: Merger Agreement (Eldorado Resorts, Inc.), Merger Agreement (Icahn Enterprises Holdings L.P.), Merger Agreement (Gaming & Leisure Properties, Inc.)
Performance of Obligations. The Company shall have performed in all material respects and complied in all material respects with all agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by it on prior to or before at the ClosingClosing Date.
Appears in 3 contracts
Samples: Merger Agreement, Merger Agreement (Eschelon Telecom Inc), Merger Agreement (Mpower Holding Corp)
Performance of Obligations. The Company shall have performed and or complied with in all agreements, obligations material respects its agreements and conditions covenants contained in this Agreement that are required to be performed or complied with by it on at or before prior to the ClosingClosing pursuant to the terms hereof.
Appears in 3 contracts
Samples: Merger Agreement (Providence Equity Partners VI L P), Merger Agreement (Sra International Inc), Merger Agreement (BWAY Holding CO)
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreements, obligations covenants and conditions contained in this Agreement that are agreements required to be performed or complied with by it on under this Agreement at or before prior to the ClosingClosing Date.
Appears in 2 contracts
Samples: Merger Agreement (Icahn Enterprises Holdings L.P.), Merger Agreement (American Railcar Industries, Inc.)
Performance of Obligations. The Company shall have performed performed, satisfied and complied with all agreementscovenants, obligations agreements and conditions contained in required by this Agreement that are required to be performed performed, satisfied or complied with by it on or before the ClosingClosing Date, and officers of the Company shall have certified to such effect to the Purchaser in writing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Pharmaceutical Resources Inc), Stock Purchase Agreement (Merck Kgaa /Fi)
Performance of Obligations. The Company shall have performed and or complied with in all agreements, obligations material respects all agreements and conditions contained in this Agreement that are covenants required to be performed or complied with by it on under this Agreement and each other Transaction Document at or before prior to the Subsequent Investment Closing.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Distributed Energy Systems Corp), Securities Purchase Agreement (Perseus Partners Vii L P)
Performance of Obligations. The Company shall have in all material respects performed and complied with all agreementscovenants, obligations undertakings, obligations, agreements and conditions contained in this Agreement that are required to be performed or complied with by it on at or before the ClosingEffective Time pursuant to the terms of the Transaction Documents.
Appears in 2 contracts
Samples: Arrangement Agreement (Acorn Energy, Inc.), Arrangement Agreement (Acorn Energy, Inc.)
Performance of Obligations. The Company shall have performed and or complied with in all agreements, material respects all obligations and conditions contained in this Agreement that are required to be performed or complied with by it under this Agreement on or before the ClosingClosing Date.
Appears in 2 contracts
Samples: Merger Agreement (Inteliquent, Inc.), Agreement and Plan of Merger
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the Closing.Initial Closing Date;
Appears in 2 contracts
Samples: Loan Agreement (Mri Interventions, Inc.), Loan Agreement (Surgivision Inc)
Performance of Obligations. The Company shall have performed in all material respects all agreements and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it under this agreement on or before the ClosingClosing Date.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Network Event Theater Inc), Stock Purchase Agreement (Network Event Theater Inc)
Performance of Obligations. The Company shall have performed and complied with all agreements, obligations agreements and conditions contained in this Agreement that are herein required to be performed or complied with by it on or before the Closing.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Neuropathix, Inc.), Common Stock Purchase Agreement (Telik Inc)
Performance of Obligations. The Company Companies shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are herein required to be performed or complied with by it on or before prior to such Closing and a certificate duly executed by an officer of each of the ClosingCompanies, to the effect of the foregoing, shall be delivered to each Purchaser.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement, Note and Warrant Purchase Agreement (Amicus Therapeutics Inc)
Performance of Obligations. The Company shall have performed performed, fulfilled or complied with, in all material respects, all of its obligations, covenants and complied with all agreements, obligations and conditions agreements contained in this Agreement that are required and in any Ancillary Agreement to be performed fulfilled or complied with by it on them at or before prior to the ClosingClosing Date.
Appears in 2 contracts
Samples: Merger Agreement (Modern Mining Technology Corp.), Merger Agreement
Performance of Obligations. The Company shall have performed in all material respects all obligations and complied in all material respects with all agreements, obligations agreements and conditions contained in this Agreement that are required covenants of the Company to be performed or and complied with by it on or before the Closingunder this Agreement.
Appears in 2 contracts
Samples: Merger Agreement (Exelon Corp), Merger Agreement (Public Service Enterprise Group Inc)
Performance of Obligations. The Company shall have performed and complied with in all agreements, material respects each of its obligations and conditions contained in this Agreement that are required to be performed or complied with by it on under this Agreement at or before prior to the Closing.
Appears in 2 contracts
Samples: Merger Agreement (Vail Resorts Inc), Merger Agreement (Peak Resorts Inc)
Performance of Obligations. The Company shall have performed and complied with in all agreements, material respects all obligations and conditions contained in this Agreement that are covenants required to be performed or complied with by it on at or before the ClosingClosing under this Agreement at or before the Closing Date.
Appears in 2 contracts
Samples: Merger Agreement (Vivakor, Inc.), Merger Agreement (SilverSun Technologies, Inc.)
Performance of Obligations. The Company shall have performed and complied with in all agreements, material respects all obligations and conditions contained in this Agreement that are required to be performed or complied with by it on under this Agreement at or before the ClosingClosing Date (other than any obligations under Section 5.14).
Appears in 2 contracts
Samples: Merger Agreement (Earthlink Inc), Merger Agreement (Itc Deltacom Inc)
Performance of Obligations. The Company shall have performed and complied with fulfilled in all agreements, material respects all its obligations and conditions contained in under this Agreement that are required to be performed or complied with by it have been fulfilled on or before the ClosingClosing Date.
Appears in 2 contracts
Samples: Merger Agreement (WCI Communities, Inc.), Merger Agreement (Lennar Corp /New/)
Performance of Obligations. The Company and the Shareholders shall have performed and or complied with in all agreements, obligations material respects all covenants and conditions contained in this Agreement that are agreements required to be performed or complied with by it the Company and the Shareholders under this Agreement on or before prior to the ClosingClosing Date.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Proficient Auto Logistics, Inc), Contribution Agreement (Proficient Auto Logistics, Inc)
Performance of Obligations. The Company shall have performed in all material respects each of its respective covenants and complied with all agreements, obligations and conditions agreements contained in this Agreement that are or the Registration Rights Agreement and required to be performed at or complied with by it on or before prior to the Closing.
Appears in 2 contracts
Samples: Investment Agreement (Gleacher & Company, Inc.), Investment Agreement (First Albany Companies Inc)
Performance of Obligations. The Company shall have performed and complied with with, in all agreementsmaterial respects, all of the obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before prior to the Closingapplicable Closing Date, and Investor shall have received a certificate signed by an officer of the Company to the foregoing effect.
Appears in 2 contracts
Samples: Standby Purchase Agreement (Central European Media Enterprises LTD), Standby Purchase Agreement (CME Media Enterprises B.V.)
Performance of Obligations. The Company shall have performed and complied with in all agreements, material respects its obligations and conditions contained in this Agreement that are required to be performed or complied with by it on under this Agreement at or before the ClosingClosing Date.
Appears in 2 contracts
Performance of Obligations. The Company shall have performed and complied with with, in all agreementsmaterial respects, all of the obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before prior to the Closingdate of each Equity Draw.
Appears in 2 contracts
Samples: Equity Commitment Agreement (Conversant GP Holdings LLC), Equity Commitment Agreement (Sonida Senior Living, Inc.)
Performance of Obligations. The Company shall have performed performed, or complied with, in all material respects each of its covenants and complied with all agreements, obligations and conditions agreements contained in this Agreement that are required to be performed or complied with by it on at or before prior to the ClosingEffective Time.
Appears in 2 contracts
Samples: Merger Agreement (Illinois Tool Works Inc), Merger Agreement (CFC International Inc)
Performance of Obligations. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required or contemplated to be performed or complied with by it on or before the Closing.
Appears in 2 contracts
Samples: Series a 2 Preference Shares Subscription Agreement (Cloudary Corp.), Series a 1 Preference Shares Subscription Agreement (Cloudary Corp.)
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreements, obligations agreements and conditions contained in this Agreement that are herein required to be performed or complied with by it the Company on or before the ClosingInitial Closing Date or such Subsequent Closing Date, as applicable.
Appears in 2 contracts
Samples: License and Option Agreement (Spark Therapeutics, Inc.), Stock Purchase Agreement (Selecta Biosciences Inc)
Performance of Obligations. The Company shall have duly performed and or complied with with, in all agreementsmaterial respects, obligations and conditions contained in this Agreement that are required all of the covenants, to be performed or complied with by it on under the terms of this Agreement prior to or before the at Closing.
Appears in 2 contracts
Samples: Merger Agreement (Welsh Carson Anderson & Stowe Ix Lp), Merger Agreement (Universal American Financial Corp)
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are covenants herein required to be performed or complied with by it the Company on or before the ClosingClosing Date.
Appears in 2 contracts
Samples: Conversion Agreement (Aspect Communications Corp), Conversion Agreement (Aspect Communications Corp)
Performance of Obligations. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement the Transaction Documents that are required to be performed or complied with by it on at or before the ClosingClosing in all material respects.
Appears in 2 contracts
Samples: Share Purchase Agreement (OneSmart International Education Group LTD), Share Purchase Agreement (OneSmart International Education Group LTD)
Performance of Obligations. The Company shall have performed and complied with all agreements, obligations agreements and conditions contained in this Agreement that are herein required to be performed or complied with by it the Company on or before the Initial Closing.
Appears in 2 contracts
Samples: Collaborative Research Agreement (Codexis Inc), Collaborative Research Agreement (Codexis Inc)
Performance of Obligations. The Company shall have performed or complied with, in each case in all material respects, all agreements and complied with all agreements, obligations and conditions contained in this Agreement that are covenants required to be performed or complied with by it on under this Agreement at or before prior to the applicable Closing.
Appears in 2 contracts
Samples: Investment Agreement (Westport Innovations Inc), Investment Agreement (Westport Innovations Inc)
Performance of Obligations. The Company shall have performed and complied with with, in all agreementsmaterial respects, all of the obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before prior to the ClosingSecond Closing Date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Sonida Senior Living, Inc.), Securities Purchase Agreement (Levinson Sam)
Performance of Obligations. The Company shall have performed and complied with in all agreements, obligations and conditions material respects each of its agreements contained in this Agreement that are required to be performed at or complied with by it on or before prior to the ClosingClosing Date.
Appears in 2 contracts
Samples: Reclassification Agreement (BESSEMER TRUST Co NATIONAL ASSOCIATION), Reclassification Agreement (Hubbell Inc)
Performance of Obligations. The Company shall have performed and complied with with, in all agreementsmaterial respects, all of the obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before prior to the ClosingFirst Closing Date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Sonida Senior Living, Inc.), Securities Purchase Agreement (Levinson Sam)
Performance of Obligations. The Company shall have performed and or complied with in all agreements, obligations material respects all agreements and conditions contained in this Agreement that are covenants required to be performed or complied with by it on under this Agreement or before any other Transaction Document at or prior to the Initial Investment Closing.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Distributed Energy Systems Corp), Securities Purchase Agreement (Perseus Partners Vii L P)
Performance of Obligations. The Company and each Shareholder shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in of this Agreement that are required to be performed or and complied with by it on or before as of the Closing.
Appears in 2 contracts
Samples: Share Purchase Agreement (Codex DNA, Inc.), Share Purchase Agreement (Cohu Inc)
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreementsthe terms, obligations covenants and conditions contained in of this Agreement that are required to be performed or complied with and performed by it the Company on or before prior to the ClosingClosing Date, and will have made all of the deliveries required to have been made hereunder by the Company on or prior to the Closing Date.
Appears in 2 contracts
Samples: Merger Agreement (HowStuffWorks, Inc.), Merger Agreement (Howstuffworks Inc)
Performance of Obligations. The Each of the Company and the Founder shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it or him on or before the Closing.
Appears in 2 contracts
Samples: Share Subscription Agreement, Share Subscription Agreement (Nobao Renewable Energy Holdings LTD)
Performance of Obligations. The Company shall have performed and complied with in all agreements, material respects its obligations and conditions contained in under this Agreement that are required to be performed or complied with by it on at or before prior to the Closing.Closing pursuant to the terms hereof; and
Appears in 2 contracts
Samples: Merger Agreement, Merger Agreement (Charles River Laboratories International Inc)
Performance of Obligations. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are herein required to be performed or complied with by it on or before prior to the Closing.
Appears in 2 contracts
Samples: License Agreement (Ironwood Pharmaceuticals Inc), License Agreement (Ironwood Pharmaceuticals Inc)
Performance of Obligations. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement in all material respects that are required to be performed or complied with by it on or before the ClosingInitial Closing Date or the relevant Subsequent Closing Date, as the case may be.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Palatin Technologies Inc), Collaborative Development and Marketing Agreement (King Pharmaceuticals Inc)
Performance of Obligations. The Company shall have performed and or complied in all material respects with all agreements, obligations agreements and conditions contained in covenants required by this Agreement that are required to be performed or complied with by it on or before prior to the Closing.
Appears in 1 contract
Samples: Merger Agreement (Fortress Value Acquisition Corp. II)
Performance of Obligations. The Company and the Holders shall have performed and complied with and performed all agreementsthe terms, obligations covenants and conditions contained in of this Agreement that are required to be performed or complied with and performed by it them on or before prior to the ClosingClosing Date and shall have made all of the deliveries required to have been made hereunder by them on or prior to the Closing Date.
Appears in 1 contract
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreements, obligations covenants and conditions agreements contained in this Agreement that are required to be performed or and complied with by it on at or before prior to the Closing.
Appears in 1 contract
Performance of Obligations. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are covenants required to be performed by them under this Agreement and any other agreement or complied with by it on or before document entered into in connection herewith prior to the ClosingClosing Date.
Appears in 1 contract
Samples: Merger Agreement (Shutterfly Inc)
Performance of Obligations. The Company shall must have performed and complied with all agreements, obligations obligations, and conditions contained in required by this Agreement that are required to be performed or complied with by it on them prior to or before at the Closingclosing.
Appears in 1 contract
Samples: Settlement & Recapitalization Agreement (Canna-Global Acquisition Corp)
Performance of Obligations. The Company Companies shall have performed and complied with all obligations and agreements, obligations and conditions complied with all covenants and conditions, contained in this Agreement that are required to be performed or complied with by it on them prior to or before at the ClosingClosing Date.
Appears in 1 contract
Samples: Asset Purchase Agreement (Weight Watchers International Inc)
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the Closing.applicable Closing Date;
Appears in 1 contract
Samples: Loan Agreement (Capnia, Inc.)
Performance of Obligations. The Company shall have performed and complied with in all agreements, material respects its obligations and conditions contained in under this Agreement that are required to be performed or complied with by it on at or before prior to the ClosingMerger Closing pursuant to the terms hereof.
Appears in 1 contract
Samples: Business Transaction Agreement (Modern Media Acquisition Corp.)
Performance of Obligations. The Company shall have performed -------------------------- and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the Closing, with respect to the issuance and sale of the Shares; and the Company shall have obtained all approvals, consents and qualifications necessary to complete the purchases and sales described herein.
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Sohu Com Inc)
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the ClosingClosing Date.
Appears in 1 contract
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement (considered collectively) and the Settlement Agreement, and each agreement, obligation and conditions contained in this Agreement (considered collectively), that are required to be performed or complied with by it on or before the ClosingSecond Closing and shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.
Appears in 1 contract
Performance of Obligations. The Company shall have performed and complied with all agreements, obligations agreements and conditions contained in this Agreement that are herein required to be performed or complied with by it the Company on or before the ClosingInitial Closing Date.
Appears in 1 contract
Performance of Obligations. The Company shall have performed and complied with all agreements, obligations its covenants and conditions agreements contained in this Agreement that are required to be performed or complied with by it on prior to or before at the ClosingClosing in all material respects.
Appears in 1 contract
Samples: Merger Agreement (Pzena Investment Management, Inc.)
Performance of Obligations. The Company shall have performed in all material respects all obligations and complied in all material respects with all agreements, obligations agreements and conditions contained in this Agreement that are required covenants to be performed or and complied with by it on or before the Closingunder this Agreement.
Appears in 1 contract
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are agreements required to be performed or and complied with by it the Company hereunder on or before prior to the Closing.
Appears in 1 contract
Performance of Obligations. The Company shall will have performed and performed, complied with and satisfied in all material respects all covenants, agreements, obligations and conditions contained in under this Agreement that are required to be performed or performed, complied with or satisfied by it on or before the Initial Closing.
Appears in 1 contract
Performance of Obligations. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are covenants required to be performed or complied with by it on or before prior to the Closing Date (including the obligations set forth in Article V to be performed at the Closing).
Appears in 1 contract
Samples: Subscription Agreement (China Technology Development Group Corp)
Performance of Obligations. The Company shall have -------------------------- performed and complied in all material respects with all agreements, obligations agreements and conditions contained in this Agreement that are required herein to be performed or complied with by it on or before the Company prior to the Closing.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Onyx Software Corp/Wa)
Performance of Obligations. The Company shall have performed in all material respects all obligations and complied with all agreements, obligations and conditions contained in covenants required by this Agreement that are required to be performed or complied with by it on or before prior to the ClosingEffective Time.
Appears in 1 contract
Samples: Merger Agreement (Pike Corp)
Performance of Obligations. The Company shall have performed in all material respects and complied in all material respects with all agreements, obligations agreements and conditions contained in this Agreement (other than Section 5.6(f)) that are required to be performed or complied with by it on prior to or before at the ClosingClosing Date.
Appears in 1 contract
Performance of Obligations. The Company shall have performed and complied with with, in all agreementsmaterial respects, all of the obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before prior to the ClosingClosing Date, and Investor shall have received a certificate signed by an officer of the Company to the foregoing effect.
Appears in 1 contract
Samples: Subscription Agreement (Central European Media Enterprises LTD)
