Performance by the Company. The Company shall have performed or complied in all material respects with all of the covenants and obligations to be performed or complied with by it under the terms of this Agreement on or prior to the Closing Date.
Appears in 21 contracts
Sources: Merger Agreement (First Busey Corp /Nv/), Merger Agreement (First Busey Corp /Nv/), Merger Agreement (Nicolet Bankshares Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied with in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datesuch date.
Appears in 18 contracts
Sources: Equity Distribution Agreement (Southwest Gas Holdings, Inc.), Sales Agency Agreement (Southwest Gas Holdings, Inc.), Sales Agency Agreement (Southwest Gas Holdings, Inc.)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the each Closing Date.
Appears in 17 contracts
Sources: Securities Purchase Agreement (Orgenesis Inc.), Note Purchase Agreement (Ambient Corp /Ny), Note Purchase Agreement (As Seen on TV, Inc.)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.Closing;
Appears in 17 contracts
Sources: Convertible Debenture Purchase Agreement (Accord Advanced Technologies Inc), Convertible Debenture Purchase Agreement (Invu Inc), Convertible Debenture and Warrant Purchase Agreement (Crys Tel Telecommunications Com Inc)
Performance by the Company. The Company shall have performed or and complied with all the covenants and agreements in all material respects with and satisfied in all of material respects all the covenants and obligations conditions required by this Agreement to be performed or complied with or satisfied by it under the terms of this Agreement on Company at or prior to the Closing DateEffective Time.
Appears in 17 contracts
Sources: Merger Agreement (Safenet Inc), Merger Agreement (Sl Industries Inc), Merger Agreement (Sl Industries Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to before the Closing Date.;
Appears in 14 contracts
Sources: Securities Purchase Agreement (Cicero Inc), Securities Purchase Agreement (Cicero Inc), Securities Purchase Agreement (Cicero Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Dateeach Closing.
Appears in 14 contracts
Sources: Securities Purchase Agreement (Golden Bull LTD), Note Purchase Agreement (BioCorRx Inc.), Subscription Agreement (Umami Sustainable Seafood Inc.)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied, or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datesuch Closing.
Appears in 13 contracts
Sources: Securities Purchase Agreement (NextTrip, Inc.), Any Market Purchase Agreement (RedHill Biopharma Ltd.), Securities Purchase Agreement (Safe & Green Holdings Corp.)
Performance by the Company. The Company shall have performed or performed, satisfied and complied with, in all material respects with respects, all of covenants, agreements and conditions required by this Agreement and the covenants and obligations Master Forward Confirmation to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datesuch date.
Appears in 11 contracts
Sources: Sales Agency Financing Agreement (SITE Centers Corp.), Sales Agency Financing Agreement (SITE Centers Corp.), Sales Agency Financing Agreement (SITE Centers Corp.)
Performance by the Company. The Company shall have performed or and complied in all material respects with all of the covenants agreements, obligations and obligations conditions contained in this Agreement that are required to be performed or complied with by it under the terms of this Agreement on or prior before each Closing and shall have obtained all approvals, consents and qualifications necessary to complete the Closing Datepurchase and sale described herein.
Appears in 11 contracts
Sources: Subordinated Convertible Note Purchase Agreement, Note Purchase Agreement (BioDrain Medical, Inc.), Note Purchase Agreement (BioDrain Medical, Inc.)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the applicable Closing Date.
Appears in 7 contracts
Sources: Convertible Preferred Stock and Warrant Securities Purchase Agreement (AzurRx BioPharma, Inc.), Stock Purchase Agreement (Glowpoint Inc), Series B Preferred Stock Purchase Agreement (Glowpoint Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datesuch date.
Appears in 6 contracts
Sources: Sales Agency Financing Agreement, Sales Agency Financing Agreement (Westar Energy Inc /Ks), Sales Agency Financing Agreement (Westar Energy Inc /Ks)
Performance by the Company. The Company shall have performed or complied in all material respects with all of agreements and covenants required by the covenants and obligations Transaction Agreements to be performed or complied with by it under the terms of this Agreement on or prior to the Contribution Closing Date.
Appears in 6 contracts
Sources: Contribution Agreement (Otto Alexander), Contribution Agreement (Otto Alexander), Contribution Agreement (Otto Alexander)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.Closing. 公司的履行。在交割时或交割之前，公司应在各方面履行，满足并符合所有公司履行，满足或符合此协议所必需的合意，合同和条件。
Appears in 6 contracts
Sources: Securities Purchase Agreement (TD Holdings, Inc.), Securities Purchase Agreement (Bat Group, Inc.), Securities Purchase Agreement (TD Holdings, Inc.)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by this Agreement and the covenants and obligations Channel Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.
Appears in 6 contracts
Sources: Stock Issuance Agreement (Soligenix, Inc.), Stock Issuance Agreement (Oragenics Inc), Supplemental Stock Issuance Agreement (Fibrocell Science, Inc.)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.;
Appears in 6 contracts
Sources: Convertible Preferred Stock Purchase Agreement (Sheldahl Inc), Convertible Preferred Stock Purchase Agreement (Molex Inc), Convertible Preferred Stock Purchase Agreement (Sheldahl Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by this Agreement and the covenants and obligations Master Forward Confirmation to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datesuch date.
Appears in 6 contracts
Sources: Sales Agency Financing Agreement (Avalonbay Communities Inc), Sales Agency Financing Agreement (Gaming & Leisure Properties, Inc.), Sales Agency Financing Agreement (Avalonbay Communities Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing DateInitial Closing.
Appears in 5 contracts
Sources: Common Stock Purchase Agreement (Medizone International Inc), Common Stock Purchase Agreement (On2com Inc), Common Stock Purchase Agreement (Cel Sci Corp)
Performance by the Company. The Company shall have performed or performed, satisfied and complied with in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing each Condition Precedent Date.
Appears in 5 contracts
Sources: Common Stock Underwriting Agreement (Axonyx Inc), Common Stock Purchase Agreement (Centura Software Corp), Common Stock Underwriting Agreement (Mgi Pharma Inc)
Performance by the Company. The Company shall have performed or complied in all material respects with all of the agreements and covenants and obligations required by this Agreement to be performed or complied with by it under the terms of this Agreement on or prior to the Merger Closing Date.
Appears in 5 contracts
Sources: Merger Agreement (Otto Alexander), Merger Agreement (Otto Alexander), Merger Agreement (Paramount Group, Inc.)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by this Agreement and the covenants and obligations Registration Rights Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.Closing;
Appears in 5 contracts
Sources: Convertible Preferred Stock Purchase Agreement (Pipeline Technologies Inc), Convertible Preferred Stock Purchase Agreement (Multicom Publishing Inc), Purchase Agreement (Incomnet Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by this Agreement and the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior before to the Closing Date.Second Closing;
Appears in 4 contracts
Sources: Securities Purchase Agreement (Alliance Pharmaceutical Corp), Securities Purchase Agreement (Alliance Pharmaceutical Corp), Securities Purchase Agreement (Endocare Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datesuch Closing.
Appears in 4 contracts
Sources: Securities Purchase Agreement (Xfone Inc.), Convertible Preferred Stock Purchase Agreement (Esynch Corp/Ca), Convertible Preferred Stock Purchase Agreement (Esynch Corp/Ca)
Performance by the Company. The Company shall have performed or performed, ----------------------------- satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.
Appears in 4 contracts
Sources: Convertible Note Purchase Agreement (Amanda Co Inc), Convertible Note Purchase Agreement (Amanda Co Inc), Convertible Note Purchase Agreement (Amanda Co Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing applicable Advance Notice Date.
Appears in 4 contracts
Sources: Standby Equity Purchase Agreement (SilverBox Corp IV), Standby Equity Purchase Agreement (Helbiz, Inc.), Standby Equity Purchase Agreement (Helbiz, Inc.)
Performance by the Company. The Company shall have performed or -------------------------- performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.Closing;
Appears in 4 contracts
Sources: Common Stock Purchase Agreement (Wolfpack Corp), Securities Purchase Agreement (Agribiotech Inc), Common Stock Purchase Agreement (Wolfpack Corp)
Performance by the Company. The Company shall have performed or and complied in all material respects with all of the covenants and obligations agreements required by this Agreement to be performed or complied with by it under the terms of this Agreement Company on or prior to the Closing Date.
Appears in 4 contracts
Sources: Merger Agreement (Arv Assisted Living Inc), Merger Agreement (Center Healthcare, Inc.), Merger Agreement (Lazard Freres Real Estate Investors LLC)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to before the First Closing Date.;
Appears in 4 contracts
Sources: Securities Purchase Agreement (Endocare Inc), Securities Purchase Agreement (Endocare Inc), Securities Purchase Agreement (International Isotopes Inc)
Performance by the Company. The Company shall have performed or complied in all material respects performed, satisfied and complied with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datesuch date.
Appears in 4 contracts
Sources: Sales Agency Financing Agreement (Washington Real Estate Investment Trust), Sales Agency Financing Agreement (Washington Real Estate Investment Trust), Sales Agency Financing Agreement (Washington Real Estate Investment Trust)
Performance by the Company. The Company shall have performed or and complied in all material respects with all of the covenants agreements, obligations and obligations conditions contained in this Agreement that are required to be performed or complied with by it under the terms of this Agreement on or prior before such Closing and shall have obtained all approvals, consents and qualifications necessary to complete the Closing Datepurchase and sale described herein.
Appears in 3 contracts
Sources: Note Purchase Agreement (Fate Therapeutics Inc), Note Purchase Agreement (Fate Therapeutics Inc), Note Purchase Agreement (Fate Therapeutics Inc)
Performance by the Company. The Company shall have performed or performed, -------------------------- satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing DateClosing.
Appears in 3 contracts
Sources: Common Stock Purchase Agreement (Leap Wireless International Inc), Common Stock Purchase Agreement (Tivo Inc), Common Stock Purchase Agreement (Nexell Therapeutics Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants and obligations agreements required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.
Appears in 3 contracts
Sources: Joint Venture Agreement (Nathaniel Energy Corp), Subordinated Notes and Warrant Purchase Agreement (Sheldahl Inc), Unit Purchase Agreement (Dcap Group Inc/)
Performance by the Company. The Company shall have performed or complied in all material respects with all of the its obligations and shall have materially complied with each and all of its covenants and obligations required to be performed or complied with by it under the terms of this Agreement on or prior to before the Closing Date.
Appears in 3 contracts
Sources: Investors' Subscription Agreement (Lee Thomas H Equity Fund Iii L P), Subscription Agreement (Donaldson Lufkin & Jenrette Inc /Ny/), Investors Subscription Agreement (Holmes Products Corp)
Performance by the Company. The Company shall have performed or and complied in all material respects with all of the covenants its covenants, obligations and obligations agreements required by this Agreement to be performed or complied with by it under the terms of this Agreement on or prior to or as of the Closing DateClosing.
Appears in 3 contracts
Sources: Merger Agreement (Sonic Automotive Inc), Agreement and Plan of Merger (Callaway Golf Co), Merger Agreement (RPX Corp)
Performance by the Company. The Company shall have performed or and complied in all material respects with all of the agreements, covenants and obligations to be performed or complied with by it under the terms of this Agreement on or prior to the Closing Date.
Appears in 3 contracts
Sources: Merger Agreement (Heritage Financial Corp /Wa/), Merger Agreement (HMN Financial Inc), Merger Agreement (Alerus Financial Corp)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Subsequent Closing Date.
Appears in 3 contracts
Sources: Series C Convertible Preferred Stock Purchase Agreement (Health Sciences Group Inc), Series C Convertible Preferred Stock Purchase Agreement (Health Sciences Group Inc), Series B Convertible Preferred Stock Purchase Agreement (Health Sciences Group Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.such date;
Appears in 3 contracts
Sources: Sales Agency Agreement (Inland Real Estate Corp), Sales Agency Agreement (Venoco, Inc.), Sales Agency Agreement (Inland Real Estate Corp)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.Closing;
Appears in 3 contracts
Sources: Series F Convertible Preferred Stock Purchase Agreement (Fonix Corp), Series F Convertible Preferred Stock Purchase Agreement (Fonix Corp), Exchange Agreement (Markland Technologies Inc)
Performance by the Company. The Company shall have duly performed or and complied in all material respects with all of the covenants agreements and obligations conditions contained in this Agreement and required to be performed or complied with by it under the terms of this Agreement on Company at or prior to the Closing DateClosing.
Appears in 3 contracts
Sources: Subscription Agreement (Homeseekers Com Inc), Subscription Agreement (Nanobac Pharmaceuticals Inc), Subscription Agreement (Homeseekers Com Inc)
Performance by the Company. The Company shall have performed or complied in all material respects with all of the agreements and covenants and obligations required by this Agreement to be performed or complied with by it under the terms of this Agreement them on or prior to the Closing Date.
Appears in 3 contracts
Sources: Stock Purchase Agreement (Paramount Group, Inc.), Stock Purchase Agreement (Paramount Group, Inc.), Stock Purchase Agreement (Paramount Group, Inc.)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, complied with, or complied with satisfied by it under the terms of this Agreement Company on or prior to the Closing Date.
Appears in 3 contracts
Sources: Incorporation and Exchange Agreement, Incorporation and Exchange Agreement (Gregg Appliances Inc), Incorporation and Exchange Agreement (Hhgregg, Inc.)
Performance by the Company. The Company shall have performed or and complied in all material respects with all of the covenants agreements, obligations and obligations conditions contained in this Agreement that are required to be performed or complied with by it under the terms of this Agreement on or prior to the Closing Datebefore such Closing.
Appears in 3 contracts
Sources: Note Purchase Agreement, Note Purchase Agreement (Restoration Robotics, Inc.), Note Purchase Agreement (Restoration Robotics, Inc.)
Performance by the Company. The Company shall have performed or and complied in all material respects with all each of the covenants and obligations contained in this Agreement which is required to be performed or and complied with by it under the terms of this Agreement Company on or prior to the Closing Date.
Appears in 3 contracts
Sources: Merger Agreement (KIT Digital, Inc.), Merger Agreement (KIT Digital, Inc.), Merger Agreement (KIT Digital, Inc.)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the First Closing Date.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Path 1 Network Technologies Inc), Series a Convertible Preferred Stock Purchase Agreement (BBN Global Consulting, Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Series B Closing Date.;
Appears in 2 contracts
Sources: Securities Purchase Agreement (Iat Multimedia Inc), Preferred Stock Purchase Agreement (Neotherapeutics Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Second Closing Date.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Path 1 Network Technologies Inc), Series a Convertible Preferred Stock Purchase Agreement (BBN Global Consulting, Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on or prior to Company between the Closing Date and the Additional Closing Date.
Appears in 2 contracts
Sources: Purchase Agreement (Markland Technologies Inc), Securities Purchase Agreement (Millennium Cell Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied with, in all material respects with respects, all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datesuch date.
Appears in 2 contracts
Sources: Sales Agency Financing Agreement (DDR Corp), Sales Agency Financing Agreement (DDR Corp)
Performance by the Company. The Company shall have performed or performed, satisfied, and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied, or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datesuch Closing.
Appears in 2 contracts
Sources: Any Market Purchase Agreement (Femasys Inc), Any Market Purchase Agreement (Brazil Potash Corp.)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing DateClosing.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Total Luxury Group Inc), Stock Purchase Agreement (Total Luxury Group Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied with in all material respects with all of the covenants and obligations agreements required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.
Appears in 2 contracts
Sources: Subordinated Notes and Warrant Purchase Agreement (Sheldahl Inc), Subordinated Notes and Warrant Purchase Agreement (Sheldahl Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by this Agreement and the covenants and obligations Registration Rights Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datesuch date, nor shall there have occurred an Event of Default under this Agreement.
Appears in 2 contracts
Sources: Equity Line Financing Agreement (Gadzoox Networks Inc), Equity Line Financing Agreement (Computer Motion Inc)
Performance by the Company. The Company shall have performed or and complied in all material respects with all of the material covenants and obligations agreements required by this Agreement to be performed or complied with by it under the terms of this Agreement Company on or prior to the Closing Date.
Appears in 2 contracts
Sources: Merger Agreement (Citadel Broadcasting Co), Merger Agreement (Citadel Broadcasting Corp)
Performance by the Company. The Company shall have performed or performed, -------------------------- satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.Closing;
Appears in 2 contracts
Sources: Common Stock Purchase Agreement (Wolfpack Corp), Common Stock Purchase Agreement (Racom Systems Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied with, in all material respects with respects, all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on or prior to the Closing Date, and the Purchaser shall have received a certificate attesting thereto signed by the Chief Executive Officer of the Company.
Appears in 2 contracts
Sources: Common Stock Purchase Agreement (Infomatec Ag International Inc), Common Stock Purchase Agreement (Boca Research Inc)
Performance by the Company. The Company shall have performed or complied in all material respects with all of the covenants and obligations to be performed or complied with by it under the terms of this Agreement on or prior to the Closing Date. Acquiror shall have received a certificate signed by the chief executive officer and chief financial officer of the Company, dated the Closing Date, to the foregoing effect.
Appears in 2 contracts
Sources: Merger Agreement (Midland States Bancorp, Inc.), Merger Agreement (Centrue Financial Corp)
Performance by the Company. The Company shall have performed or complied in all material respects with all of the covenants and obligations to be performed or complied with by it under the terms of this Agreement on or prior to the Closing Date.. 53
Appears in 2 contracts
Sources: Merger Agreement (HBT Financial, Inc.), Merger Agreement (HBT Financial, Inc.)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Agreements to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to before the Closing DateClosing.
Appears in 2 contracts
Sources: Subscription Agreement (Dennys Corp), Subscription Agreement (Mellon HBV Alternative Strategies LLC)
Performance by the Company. The Company shall have performed or and complied in all material respects with all of the covenants agreements, obligations and obligations conditions contained in this Agreement that are required to be performed or complied with by it under the terms of this Agreement on or prior to before the Closing Dateand shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.
Appears in 2 contracts
Sources: Convertible Note Purchase Agreement (Arno Therapeutics, Inc), Convertible Note Purchase Agreement (Nile Therapeutics, Inc.)
Performance by the Company. The Company shall have performed or performed, -------------------------- satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.Closing;
Appears in 2 contracts
Sources: Series E Convertible Preferred Stock Exchange and Purchase Agreement (Fonix Corp), Series D Convertible Preferred Stock Purchase Agreement (Fonix Corp)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datea Closing.
Appears in 2 contracts
Sources: Purchase Agreement (Homeland Security Capital CORP), Series a Convertible Preferred Stock Purchase Agreement (Homeland Security Capital CORP)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datedate of the Closing.
Appears in 2 contracts
Sources: Note Purchase Agreement (Implant Sciences Corp), Note and Warrant Purchase Agreement (Implant Sciences Corp)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date and the Funding Date.
Appears in 1 contract
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the such Closing Date.
Appears in 1 contract
Sources: Note and Warrant Purchase Agreement (Speedcom Wireless Corp)
Performance by the Company. The Company shall have performed or and -------------------------- complied with all the covenants and agreements in all material respects with and satisfied in all of material respects all the covenants and obligations conditions required by this Agreement to be performed or complied with or satisfied by it under the terms of this Agreement on Company at or prior to the Closing DateEffective Time.
Appears in 1 contract
Performance by the Company. The Company shall have performed or -------------------------- and complied in all material respects with all of the covenants and obligations agreements required by this Agreement to be performed or complied with by it under the terms of this Agreement Company on or prior to the Closing Date.
Appears in 1 contract
Sources: Merger Agreement (Cmi Corp)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the applicable Closing Date.
Appears in 1 contract
Sources: Securities Purchase Agreement (Colombia Clean Power & Fuels, Inc)
Performance by the Company. The Company shall have performed or performed, -------------------------- satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date and the Funding Date.
Appears in 1 contract
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement Company on or prior to the Closing Date.
Appears in 1 contract
Sources: Securities Purchase Agreement (Millennium Cell Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date, including without limitation, the payment of all principal and accrued and unpaid interest under the Existing Note.
Appears in 1 contract
Sources: Senior Secured Note and Warrant Purchase Agreement (Tri Valley Corp)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Subscription Closing Date.
Appears in 1 contract
Sources: Subscription Agreement (Hemcure Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to before the Closing Date., including, but not limited to, tendering the Payment to the Holders;
Appears in 1 contract
Sources: Exchange Agreement (Healthaxis Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed or complied with by it under the terms of this Agreement Company on or prior to before the Closing DateClosing.
Appears in 1 contract
Sources: Ordinary Shares Subscription Agreement (VinFast Auto Pte. Ltd.)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on or prior to Company between the Closing Date and the First Settlement Date.
Appears in 1 contract
Sources: Securities Purchase Agreement (Millennium Cell Inc)
Performance by the Company. The Company shall have performed or performed, satisfied ---- -------------------------- and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to before the Closing Date.;
Appears in 1 contract
Sources: Securities Purchase Agreement (Level 8 Systems Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.; and
Appears in 1 contract
Performance by the Company. The Company shall have performed or and complied in all material respects with all of the agreements and covenants and obligations contained in this Agreement to be performed or complied with by it under the terms of this Agreement on or prior to the Closing DateClosing.
Appears in 1 contract
Sources: Merger Agreement (Aearo Corp)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.
Appears in 1 contract
Sources: Convertible Preferred Stock Purchase Agreement (Psinet Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement or any of the covenants and obligations other Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Dateeach Subsequent Closing.
Appears in 1 contract
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement or any of the covenants and obligations other Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing DateRegistration Shares Closing.
Appears in 1 contract
Performance by the Company. The Company shall have performed or -------------------------- performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, complied with, or complied with satisfied by it under the terms of this Agreement Company on or prior to the Closing Date.
Appears in 1 contract
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants material covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Execution Date and each Settlement Date.
Appears in 1 contract
Sources: Securities Purchase Agreement (Vicor Technologies, Inc.)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.
Appears in 1 contract
Sources: Separation Agreement (Cyclone Power Technologies Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of covenants, agreements and conditions required by the covenants and obligations Transaction Documents to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the such Closing Date.;
Appears in 1 contract
Sources: Convertible Debenture Purchase Agreement (Possis Medical Inc)
Performance by the Company. The Company shall have performed or complied in all material respects with all of the its agreements and covenants and obligations contained in this Agreement required to be performed or complied with by it under the terms of this Agreement on at or prior to the Closing DateClosing.
Appears in 1 contract
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.Secondary Closing;
Appears in 1 contract
Sources: Securities Purchase Agreement (Mechanical Technology Inc)
Performance by the Company. The Company shall have performed or complied in all material respects with all of the its obligations and shall have materially complied with each and all of its covenants and obligations required to be performed or complied with by it under the terms of this Agreement on or prior to before the Closing Date.. ARTICLE V
Appears in 1 contract
Sources: Exchange Agreement (Lee Thomas H Equity Fund Iii L P)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to before the Closing Date.; and
Appears in 1 contract
Performance by the Company. The Company shall have performed or complied in all material respects with all of the covenants and obligations to be performed or complied with by it under the terms of this Agreement on or prior to the Closing DateDate and shall have obtained and provided to Acquiror copies of all Third Party Consents and such other waivers or consents referenced in or required pursuant to Section 5.8.
Appears in 1 contract
Sources: Merger Agreement (MidWestOne Financial Group, Inc.)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants and obligations agreements required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Initial Closing Date.
Appears in 1 contract
Sources: Subordinated Notes and Warrant Purchase Agreement (Sheldahl Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required hereunder to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.
Appears in 1 contract
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing DateClosing.
Appears in 1 contract
Sources: Series F Convertible Preferred Stock Purchase Agreement (Skylynx Communications Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Dateapplicable Closing.
Appears in 1 contract
Sources: Securities Purchase Agreement (Aamaxan Transport Group, Inc.)
Performance by the Company. The Company shall have performed or and complied in all material respects with all of the covenants its covenants, obligations and obligations agreements required by this Agreement to be performed or complied with by it under the terms of this Agreement on or Company prior to or as of the Closing DateClosing.
Appears in 1 contract
Performance by the Company. The Company shall have performed or performed, -------------------------- satisfied and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the such Closing Date.
Appears in 1 contract
Sources: Note and Warrant Purchase Agreement (Speedcom Wireless Corp)
Performance by the Company. The Company shall have performed or complied performed, satisfied and complied, in all material respects respects, with all of the covenants covenants, agreements and obligations conditions required by this Agreement, any Terms Agreement or any Master Forward Confirmation to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datesuch date.
Appears in 1 contract
Sources: Sales Agency Financing Agreement (Eastgroup Properties Inc)
Performance by the Company. The Company shall have performed or performed, satisfied and complied , in all material respects respects, with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied or complied with by it under the terms of this Agreement on Company at or prior to the Closing Datesuch date.
Appears in 1 contract
Sources: Sales Agency Financing Agreement (Eastgroup Properties Inc)
Performance by the Company. The Company shall have performed or performed, satisfied, and complied in all material respects with all of the covenants covenants, agreements and obligations conditions required by this Agreement to be performed performed, satisfied, or complied with by it under the terms of this Agreement on Company at or prior to the Closing Date.
Appears in 1 contract
Performance by the Company. The Company shall have performed or and complied with all the covenants and agreements in all material respects with and satisfied in all of material respects all the covenants and obligations conditions required by this Agreement to be performed or complied with or satisfied by it under the terms of this Agreement Company on or prior to the Closing Date.
Appears in 1 contract
Performance by the Company. The Company shall have performed or complied in all material respects with all of the covenants and obligations agreements required to be performed or complied with by it under the terms of this Agreement on at or prior to the Closing DateEffective Time.
Appears in 1 contract