Common use of Performance of the Company Clause in Contracts

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 in all material respects with all covenants, agreements and conditions required by this Agreement, the Initial Note Note, the Warrants 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 in all material respects with all covenants, agreements and conditions required by this Agreement, the Initial Note, the First Additional Note and the Registration Rights Agreement to be performed, satisfied or complied with by the Company at or prior to the First Second Additional Closing Notice Date and the First Second Additional Closing Date (as applicable). The Company shall have delivered to the Investor on the First Second 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.