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.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (DryShips Inc.), Common Stock Purchase Agreement (DryShips Inc.), Common Stock Purchase Agreement (DryShips Inc.)
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 Draw Down Request Exercise Date and the applicable Settlement Closing Date or Subsequent Funding 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.applicable.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Zell Credit Opportunities Side Fund, L.P.), Common Stock Purchase Agreement (Strategic Value Partners, LLC), Common Stock Purchase Agreement (Dune Energy Inc)
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 Date and shall have delivered to the Investor on the applicable Settlement Date the Compliance Certificate substantially in the form attached hereto as Exhibit E.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Cv Therapeutics Inc), Common Stock Purchase Agreement (Isis Pharmaceuticals Inc), Common Stock Purchase Agreement (Nanogen Inc)
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 Put Date and the applicable Settlement Date. The Company Closing Date and shall have delivered to the Investor on the applicable Settlement Closing Date the Compliance Closing Certificate substantially in the form attached hereto as Exhibit E.C.
Appears in 2 contracts
Samples: Investment Agreement (Terra Tech Corp.), Investment Agreement (Alphatec Holdings, Inc.)
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 applicable Fixed Request Draw Down Exercise Date and the applicable Settlement Date. The Company shall have delivered deliver to the Investor on the applicable Settlement Draw Down Exercise Date the Compliance Certificate substantially in the form attached hereto as Exhibit E.D.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Bioheart, Inc.), Common Stock Purchase Agreement (Bioheart, Inc.)
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 Trade 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..
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Hermitage Offshore Services Ltd.), Common Stock Purchase Agreement (Nordic American Offshore Ltd.)
Performance of the Company. The Company shall have performed, satisfied performed and complied in all material respects with all covenantscovenants and agreements, agreements and satisfied all obligations and conditions required by this Agreement the Agreements to be performed, satisfied or complied with or satisfied by the Company it at or prior to before 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.Closing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Aig Latin America Equity Partners LTD), Stock Purchase Agreement (Brazil Fast Food Corp)
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 Put Date and the applicable Settlement Date. The Company Closing Date and shall have delivered to the Investor on the applicable Settlement Closing Date the Compliance Closing Certificate substantially in the form attached hereto as Exhibit E.C.
Appears in 2 contracts
Samples: Investment Agreement (Intercloud Systems, Inc.), Investment Agreement (Intercloud Systems, Inc.)
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 applicable Fixed Request Exercise Date and the each applicable Settlement Date. The Company shall have delivered to the Investor on the each applicable Settlement Date the Compliance Certificate substantially in the form attached hereto as Exhibit E.D.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (ARYx Therapeutics, Inc.)
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 applicable Fixed Request Draw Down Exercise Date and the applicable Settlement Date. The Company shall have delivered to each of the Investor Investors on the applicable Settlement Date the Compliance Certificate substantially in the form attached hereto as Exhibit E.D.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Liquidmetal Technologies Inc)
