Performance of the Company. The Company 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 Company at or prior to the Commencement. The Company shall deliver to the Investor on the Commencement Date the compliance certificate substantially in the form attached hereto as Exhibit C (the “Compliance Certificate”).
Performance of the Company. The Company 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 Company at or prior to the applicable Fixed Request Exercise Date and the applicable Settlement Date. The Company shall have delivered to the Investor on the applicable Settlement Date the Compliance Certificate substantially in the form attached hereto as Exhibit E.
Performance of the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement, the Initial Note and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to the First Additional Closing Notice Date and the First Additional Closing Date (as applicable). The Company shall have delivered to the Investor on the First Additional Closing Date a written certification by an executive officer of the Company to the foregoing substantially in the form attached hereto as Exhibit E.
Performance of the Company. The Company shall have performed, satisfied and complied with all of its covenants and agreements and satisfied all of its obligations and conditions required by this Agreement to be performed, complied with or satisfied by it on or before the Closing, in each case, in all material respects.
Performance of the Company. Each of the obligations of the Company to be performed at or before the Closing Date pursuant to the terms of this Agreement shall have been duly performed in all material respects at or before the Closing Date, and, at the Closing Date, the Company shall have delivered to Parent a certificate to such effect signed by a duly authorized officer of the Company.
Performance of the Company. The Company 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 Company at or prior to the applicable VWAP Purchase Condition Satisfaction Time. The Company shall have delivered to the Investor at or prior to the applicable VWAP Purchase Condition Satisfaction Time the Compliance Certificate substantially in the form attached hereto as Exhibit D.
Performance of the Company. The Company shall have performed and complied in all material respects with the covenants and agreements hereunder required to be performed and complied with by the Company at or prior to the Closing (other than those covenants and agreements that by their nature are to be satisfied at the Closing, but subject to the satisfaction or waiver of such covenants and agreements at such time);
Performance of the Company. The Company 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 Company at or prior to the applicable Purchase Condition Satisfaction Time. The Company shall have delivered to the Investor at or prior to the applicable Purchase Condition Satisfaction Time the Compliance Certificate substantially in the form attached hereto as Exhibit H.
Performance of the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement, the Initial Note, the Warrants and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to the Additional Closing Notice Date and the Additional Closing Date (as applicable). The Company shall have delivered to the Investor on the Additional Closing Date a written certification by an executive officer of the Company to the foregoing substantially in the form attached hereto as Exhibit E.
Performance of the Company. The Company shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Company at or prior to the Closing.
