Performance by 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 Debentures, the Warrants and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to any Subsequent Closing Date;
Appears in 2 contracts
Sources: Securities Purchase Agreement (Team Communication Group Inc), Securities Purchase Agreement (Team Communication Group Inc)
Performance by 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 Debentures, the Warrants Registration Rights Agreement and the Registration Rights Escrow Agreement to be performed, satisfied or complied with by the Company at or prior to any Subsequent Closing each Condition Satisfaction Date;.
Appears in 2 contracts
Sources: Private Equity Line of Credit Agreement (Cytrx Corp), Private Equity Line of Credit Agreement (Focus Enhancements Inc)
Performance by the Company. The Company shall have performed, ----------------------------- satisfied and complied in all material respects with all covenants, agreements and conditions required by this AgreementAgreement (including, without limitation, the Debentures, the Warrants conditions specified in Section 2.5 hereof) and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to any Subsequent Closing each Condition Satisfaction Date;.
Appears in 2 contracts
Sources: Standby Equity Distribution Agreement (Falcon Natural Gas Corp), Standby Equity Distribution Agreement (Donobi Inc)
Performance by the Company. The Company shall have have, in all material respects, performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement, the Debentures, the Warrants Agreement and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at on or prior to any Subsequent Closing the applicable Condition Satisfaction Date;.
Appears in 1 contract
Sources: Common Stock Purchase Agreement (Neurocrine Biosciences Inc)
Performance by 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 Debentures, the Warrants Agreement and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to any Subsequent the Series C Closing Date and the Series D Closing Date, as applicable;
Appears in 1 contract
Sources: Convertible Preferred Stock Purchase Agreement (Cytogen Corp)
Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this AgreementAgreement (including, without limitation, the Debentures, the Warrants and the Registration Rights Agreement conditions specified in Section 2.5 hereof) to be performed, satisfied or complied with by the Company at or prior to any Subsequent Closing each Condition Satisfaction Date;.
Appears in 1 contract
Sources: Periodic Equity Investment Agreement (Cereplast Inc)
Performance by 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 Debentures, the Warrants Agreement and the Registration Rights Agreement to be performedperforn1ed, satisfied or complied with by the Company at or prior to any Subsequent Closing each Condition Satisfaction Date;.
Appears in 1 contract
Sources: Securities Purchase Agreement (Las Vegas Railway Express, Inc.)
Performance by 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 Debentures, the Warrants and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to any Subsequent the Closing Date;.
Appears in 1 contract
Sources: Securities Purchase and Share Exchange Agreement (Cytation Corp)
Performance by 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 Debentures, the Warrants Agreement and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to any Subsequent Closing each Condition Satisfaction Date;.
Appears in 1 contract
Sources: Equity Line of Credit Agreement (Medix Resources Inc)
Performance by 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 Debentures, the Warrants and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to any Subsequent Closing Date;the Closing.
Appears in 1 contract
Sources: Convertible Securities Subscription Agreement (Chatterjee Purnendu)
Performance by 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 Debentures, the Warrants and the Registration Rights Agreement and the Warrant required to be performed, satisfied or complied with by the Company at as of or prior to any Subsequent Closing the applicable Condition Satisfaction Date;.
Appears in 1 contract
Sources: Common Stock Purchase Agreement (Discovery Laboratories Inc /De/)
Performance by 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 Debentures, the Warrants Agreement and the Registration Rights Agreement other Transaction Documents to be performed, satisfied or complied with by the Company at or prior to any Subsequent before the Second Closing Date;
Appears in 1 contract
Sources: Securities Purchase Agreement (Soros Fund Management LLC)
Performance by 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 DebenturesRegistration Rights Agreement, the Warrants Convertible Note and the Registration Rights Agreement Warrants to be performed, satisfied or complied with by the Company at or prior to any Subsequent Closing each Condition Satisfaction Date;.
Appears in 1 contract
Sources: Securities Purchase Agreement (Dauphin Technology Inc)
Performance by 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 Debentures, the Warrants and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to any Subsequent Closing Datethe Secondary Closing;
Appears in 1 contract
Sources: Securities Purchase Agreement (Satcon Technology Corp)
Performance by 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 DebenturesEscrow Agreement, the Warrants and the Registration Rights Agreement Agreement, and the Certificate of Designation for the Series B Preferred Stock to be performed, satisfied or complied with by the Company at or prior to any Subsequent Closing each Condition Satisfaction Date;.
Appears in 1 contract
Performance by the Company. The Company shall have performed, --------------------------- satisfied and complied in all material respects with all covenants, agreements and conditions required by this AgreementAgreement (including, without limitation, the Debentures, the Warrants conditions specified in Section 2.5 hereof) and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to any Subsequent Closing each Condition Satisfaction Date;.
Appears in 1 contract
Sources: Standby Equity Distribution Agreement (China World Trade Corp)
Performance by 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 Debentures, the Warrants Agreement and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to any Subsequent Closing each Condition Satisfaction Date;.
Appears in 1 contract
Sources: Stock Purchase Agreement (Cbcom Inc)
Performance by 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 Debentures, the Warrants and the Registration Rights Agreement Transaction Documents to be performed, satisfied or complied with by the Company at or prior to any Subsequent the Closing Date;
Appears in 1 contract
Performance by 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 DebenturesCertificate of Designation, the Warrants and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to any Subsequent Closing Date;
Appears in 1 contract
Sources: Securities Purchase Agreement (Imaging Technologies Corp/Ca)
Performance by 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 Debentures, the Warrants and the Registration Rights Agreement to be performed, satisfied or complied with by the Company including, without limitation, Section 4.2, at or prior to any Subsequent Closing Date;the First Closing.
Appears in 1 contract
Sources: Convertible Securities Subscription Agreement (Borland International Inc /De/)
Performance by the Company. The Company shall have have, in all material respects, performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement, the Debentures, the Warrants Agreement and the Registration Rights Agreement Warrant to be performed, satisfied or complied with by the Company at on or prior to any Subsequent Closing the applicable Condition Satisfaction Date;.
Appears in 1 contract
Sources: Common Stock Purchase Agreement (Discovery Laboratories Inc /De/)
Performance by 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 DebenturesRegistration Rights Agreement, the Warrants and the Registration Rights Agreement Certificate of Designation to be performed, satisfied or complied with by the Company including, without limitation, Section 4.2 hereof, at or prior to any Subsequent Closing Date;the Second Closing.
Appears in 1 contract
Sources: Convertible Securities Subscription Agreement (Borland International Inc /De/)
Performance by the Company. The Company shall have -------------------------- performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this AgreementAgreement (including, without limitation, the Debentures, the Warrants conditions specified in Section 2.5 hereof) and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to any Subsequent Closing each Condition Satisfaction Date;.
Appears in 1 contract
Sources: Standby Equity Distribution Agreement (Roanoke Technology Corp)
Performance by the Company. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this AgreementAgreement (including, without limitation, the Debentures, the Warrants and the Registration Rights Agreement conditions specified in Section 2.4 hereof) to be performed, satisfied or complied with by the Company at or prior to any Subsequent Closing each Condition Satisfaction Date;.
Appears in 1 contract
Sources: Facility Agreement (WorldSpace, Inc)
Performance by the Company. (I) The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement, the Debentures, the Warrants Agreement and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to any Subsequent Closing Date;such date, nor shall there have occurred an Event of Default under this Agreement.
Appears in 1 contract
Sources: Equity Line Financing Agreement (Gadzoox Networks Inc)
Performance by 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 Debentures, the Warrants and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to any Subsequent Closing each Condition Precedent Date;.
Appears in 1 contract
Sources: Flexible Underwritten Equity Facility Agreement (Us Concrete Inc)
Performance by 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 Debentures, the Warrants Agreement and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to any Subsequent Closing each Condition Satisfaction Date;.
Appears in 1 contract
Sources: Private Equity Line of Credit Agreement (Advanced Aerodynamics & Structures Inc/)
Performance by 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 DebenturesRegistration Rights Agreement, the Warrants and the Registration Rights Agreement Certificate of Designation to be performed, satisfied or complied with by the Company including, without limitation, Section 4.2, at or prior to any Subsequent Closing Date;the Put Closing.
Appears in 1 contract
Sources: Convertible Securities Subscription Agreement (Borland International Inc /De/)
Performance by the Company. The Company shall have ----------------------------- performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this AgreementAgreement (including, without limitation, the Debentures, the Warrants conditions specified in Section 2.5 hereof) and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to any Subsequent Closing each Condition Satisfaction Date;.
Appears in 1 contract
Sources: Standby Equity Distribution Agreement (Intrepid Technology & Resource Inc)
Performance by the Company. The Company shall ----------------------------- have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this AgreementAgreement (including, without limitation, the Debentures, the Warrants conditions specified in Section 2.5 hereof) and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to any Subsequent Closing each Condition Satisfaction Date;.
Appears in 1 contract
Sources: Standby Equity Distribution Agreement (Intrepid Technology & Resource Inc)
Performance by the Company. The Company shall have performed, satisfied ----------------------------- and complied in all material respects with all covenants, agreements and conditions required by this AgreementAgreement (including, without limitation, the Debentures, the Warrants conditions specified in Section 2.5 hereof) and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to any Subsequent Closing each Condition Satisfaction Date;.
Appears in 1 contract
Performance by 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 Debentures, the Warrants and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to any Subsequent Closing Datethe Primary Closing;
Appears in 1 contract
Sources: Securities Purchase Agreement (Satcon Technology Corp)
Performance by 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 Debentures, the Warrants Agreement and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to any Subsequent Closing each Condition Satisfaction Date;.
Appears in 1 contract
Performance by 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 Debentures, the Warrants Agreement and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to any Subsequent Closing each Advance Notice Date;.
Appears in 1 contract
Sources: Standby Equity Distribution Agreement (Bioheart, Inc.)