Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closing.
Appears in 320 contracts
Sources: Stock Purchase Agreement (CoastalSouth Bancshares, Inc.), Stock Purchase Agreement (CoastalSouth Bancshares, Inc.), Stock Purchase Agreement (CoastalSouth Bancshares, Inc.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closing.;
Appears in 240 contracts
Sources: Securities Purchase Agreement (Solowin Holdings, Ltd.), Securities Purchase Agreement (Solowin Holdings, Ltd.), Securities Purchase Agreement (Solowin Holdings, Ltd.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the such Closing.;
Appears in 43 contracts
Sources: Securities Purchase Agreement (DevvStream Corp.), Securities Purchase Agreement (DevvStream Corp.), Securities Purchase Agreement (Givbux, Inc.)
Performance. The Company shall have performed, satisfied performed and complied in all material respects with all covenants, agreements agreements, obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by it at on or prior to before the Closing.
Appears in 34 contracts
Sources: Share Subscription Agreement, Share Subscription Agreement, Share Subscription Agreement (Tencent Music Entertainment Group)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by it at or prior to the Closing.
Appears in 34 contracts
Sources: Exchange Agreement (First Guaranty Bancshares, Inc.), Warrant Acquisition Agreement (FreightCar America, Inc.), Warrant Acquisition Agreement (Pacific Investment Management Co LLC)
Performance. The Company shall have performed, satisfied and complied performed or fulfilled in all material respects with all covenantsagreements, agreements obligations and conditions contained herein required to be performed or fulfilled by the Transaction Documents to be performed, satisfied or complied with by it Company at or prior to the Closing.
Appears in 21 contracts
Sources: Subscription Agreement, Subscription Agreement (Isc8 Inc. /De), Subscription Agreement (Isc8 Inc. /De)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by it at or prior to the Closing.;
Appears in 20 contracts
Sources: Securities Purchase Agreement (Accelerate Diagnostics, Inc), Securities Purchase Agreement (Accelerate Diagnostics, Inc), Securities Purchase Agreement (Global Water Resources, Inc.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closing.;
Appears in 18 contracts
Sources: Subscription Agreement (JR Resources Corp.), Subscription Agreement (Dakota Territory Resource Corp), Securities Purchase Agreement (Victory Energy Corp)
Performance. The Company shall have performed, satisfied and complied in all material respects with any and all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closing.
Appears in 11 contracts
Sources: Securities Purchase Agreement (Mri Interventions, Inc.), Securities Purchase Agreement (Mri Interventions, Inc.), Securities Purchase Agreement (Mri Interventions, Inc.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closingclosing of the Placement.
Appears in 11 contracts
Sources: Placement Agency Agreement (Wireless Ronin Technologies Inc), Placement Agency Agreement (Manitex International, Inc.), Placement Agency Agreement (Wireless Ronin Technologies Inc)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the such Closing.
Appears in 8 contracts
Sources: Securities Purchase Agreement (Wisa Technologies, Inc.), Unit Purchase Agreement (Marizyme, Inc.), Unit Purchase Agreement (Marizyme, Inc.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closing.
Appears in 7 contracts
Sources: Collaboration Agreement (NKGen Biotech, Inc.), Stock Purchase Agreement (NKGen Biotech, Inc.), Stock Purchase Agreement (NKGen Biotech, Inc.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it the Company at or prior to the Closing.
Appears in 6 contracts
Sources: Securities Purchase Agreement (SKYX Platforms Corp.), Securities Purchase Agreement (SKYX Platforms Corp.), Securities Purchase Agreement (SKYX Platforms Corp.)
Performance. The Company and each Subsidiary shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the such Closing.;
Appears in 6 contracts
Sources: Securities Purchase Agreement (Red Cat Holdings, Inc.), Securities Purchase Agreement (Red Cat Holdings, Inc.), Securities Purchase Agreement (Golden Matrix Group, Inc.)
Performance. The Company shall will have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by it at or prior to the Closing.
Appears in 6 contracts
Sources: Securities Purchase Agreement, Securities Purchase Agreement (Origin Bancorp, Inc.), Securities Purchase Agreement (Origin Bancorp, Inc.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closing.
Appears in 5 contracts
Sources: Private Placement Agreement, Stock Purchase Agreement (Kingsway Financial Services Inc), Stock Purchase Agreement (Kingsway Financial Services Inc)
Performance. The Existing Company Entities shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closing.;
Appears in 5 contracts
Sources: Securities Purchase Agreement (Qhy Group), Securities Purchase Agreement (Qhy Group), Securities Purchase Agreement (First Independence Corp.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by it at or prior to the ClosingClosing Date.
Appears in 5 contracts
Sources: Securities Purchase Agreement (Hanmi Financial Corp), Securities Purchase Agreement (First Union Real Estate Equity & Mortgage Investments), Securities Purchase Agreement (Newkirk Realty Trust, Inc.)
Performance. The Company shall have performed, satisfied satisfied, and complied in all material respects with all covenants, agreements agreements, and conditions required by the Transaction Documents to be performed, satisfied satisfied, or complied with by it at or prior to the Closing.
Appears in 5 contracts
Sources: Stock Purchase Agreement (Tri-County Financial Group, Inc.), Stock Purchase Agreement (Southern States Bancshares, Inc.), Stock Purchase Agreement (Riverview Financial Corp)
Performance. The Company shall have performed, satisfied performed and complied in all material respects with all covenants, agreements and conditions contained in the Documents required by the Transaction Documents to be performed, satisfied performed or complied with by it at or prior to or at the ClosingSecond Closing and shall have certified to such effect to such Purchaser in writing.
Appears in 4 contracts
Sources: Securities Purchase Agreement (Donaldson Lufkin & Jenrette Inc /Ny/), Securities Purchase Agreement (Ixl Enterprises Inc), Securities Purchase Agreement (Gentle Dental Service Corp)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closing.
Appears in 4 contracts
Sources: Securities Purchase Agreement, Securities Purchase Agreement (FC Global Realty Inc), Stock Purchase Agreement (Mirna Therapeutics, Inc.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to any closing of the ClosingPlacement.
Appears in 4 contracts
Sources: Placement Agency Agreement (DanDrit Biotech USA, Inc.), Placement Agency Agreement (DanDrit Biotech USA, Inc.), Placement Agency Agreement (DanDrit Biotech USA, Inc.)
Performance. The Company shall have performed, satisfied satisfied, and complied in all material respects with all covenants, agreements agreements, and conditions required by the Transaction Documents to be performed, satisfied satisfied, or complied with by it at or prior to the Closing.;
Appears in 3 contracts
Sources: Securities Purchase Agreement (Good Times Restaurants Inc), Securities Purchase Agreement (Magellan Petroleum Corp /De/), Securities Purchase Agreement (Good Times Restaurants Inc)
Performance. The Company shall have performed, satisfied and complied with, in all material respects with respects, all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by it at or prior to the Closing.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Authentidate Holding Corp), Securities Purchase Agreement (Authentidate Holding Corp), Debenture Purchase Agreement (Teamstaff Inc)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by it at or prior to the Closing (or Subsequent Closing).
Appears in 3 contracts
Sources: Share Purchase Agreement, Share Purchase Agreement (Juno Therapeutics, Inc.), Share Purchase Agreement (Juno Therapeutics, Inc.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by it at on or prior to the ClosingClosing Date.
Appears in 3 contracts
Sources: Subscription Agreement (Innovate Biopharmaceuticals, Inc.), Subscription Agreement (Opexa Therapeutics, Inc.), Subscription Agreement (Signal Genetics, Inc.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Initial Closing.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Telkonet Inc), Securities Purchase Agreement (Bluefly Inc), Securities Purchase Agreement (Telkonet Inc)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closingsuch Closing Date.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Root9B Technologies, Inc.), Securities Purchase Agreement (Root9B Technologies, Inc.), Securities Purchase Agreement (Root9B Technologies Inc.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Second Closing.;
Appears in 3 contracts
Sources: Securities Purchase Agreement (Marlborough Software Development Holdings Inc.), Securities Purchase Agreement (MAKO Surgical Corp.), Securities Purchase Agreement (Irish Mag, Inc.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closing.Closing Date; and
Appears in 3 contracts
Sources: Securities Purchase Agreement (Imperial Resources, Inc.), Securities Purchase Agreement (Imperial Resources, Inc.), Securities Purchase Agreement (Imperial Resources, Inc.)
Performance. The Existing Company Entities shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents and the Exchange Agreement to be performed, satisfied or complied with by it at or prior to the Closing.;
Appears in 3 contracts
Sources: Securities Purchase Agreement (Codesmart Holdings, Inc.), Securities Purchase Agreement (First Independence Corp.), Securities Purchase Agreement (Discovery Technologies Inc)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Subscription Agreement to be performed, satisfied or complied with by it at or prior to the ClosingClosing Date.
Appears in 2 contracts
Sources: Subscription Agreement (Community Bank Shares of Indiana Inc), Subscription Agreement (Community Bank Shares of Indiana Inc)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by it at or prior to the Initial Closing., including, without limitation, delivering or causing the delivery of those items required to be delivered pursuant to Section 2.03(a);
Appears in 2 contracts
Sources: Spectrum Contribution Agreement (Terrestar Corp), Spectrum Contribution Agreement (Harbinger Capital Partners Master Fund I, Ltd.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closing.
Appears in 2 contracts
Sources: Note and Warrant Purchase Agreement (RHO Ventures VI LP), Note and Warrant Purchase Agreement (Bluefly Inc)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the applicable Closing.
Appears in 2 contracts
Sources: Share Purchase Agreement (Ivy Jerry Lafe JR), Share Purchase Agreement (On Track Innovations LTD)
Performance. The Company shall have performed, satisfied and complied with, in all material respects with respects, all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by it at or prior to the applicable Closing, including the making of the deliveries required by Section 2.2(a).
Appears in 2 contracts
Sources: Securities Purchase Agreement (Authentidate Holding Corp), Note Purchase Agreement (Authentidate Holding Corp)
Performance. The Company shall have performed, satisfied and complied with, in all material respects with respects, all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by it at or prior to the Closing, including the delivery of the items set forth in Section 2.2(a) of this Agreement.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Authentidate Holding Corp), Securities Purchase Agreement (Authentidate Holding Corp)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closing.Closing Date;
Appears in 2 contracts
Sources: Note Purchase Agreement (Organic to Go Food CORP), Note Purchase Agreement (Organic to Go Food CORP)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the applicable Closing.;
Appears in 2 contracts
Sources: Securities Purchase Agreement (Gse Systems Inc), Securities Purchase Agreement (China Natural Gas, Inc.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Initial Closing.;
Appears in 2 contracts
Sources: Securities Purchase Agreement (Rexahn Pharmaceuticals, Inc.), Securities Purchase Agreement (Rexahn Pharmaceuticals, Inc.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the ClosingClosing and shall have delivered or cause to be delivered the items set forth in Section 2.4(a).
Appears in 2 contracts
Sources: Note Purchase Agreement (Telecommunication Systems Inc /Fa/), Note Purchase Agreement (Hollywood Media Corp)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by it at or prior to the such Closing.;
Appears in 2 contracts
Sources: Securities Purchase Agreement (FriendFinder Networks Inc.), Securities Purchase Agreement (FriendFinder Networks Inc.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior before the applicable Closing, including delivering or causing the delivery of those items required to the be delivered pursuant to Section 2.2 as applicable to each Closing.
Appears in 2 contracts
Sources: Purchase Agreement (Westwood One Inc /De/), Purchase Agreement (Gores Radio Holdings, LLC)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closing.;
Appears in 2 contracts
Sources: Securities Purchase Agreement (Penford Corp), Securities Purchase Agreement (Genius Products Inc)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the ClosingClosing Date.
Appears in 2 contracts
Sources: Subscription Agreement (Organogenesis Holdings Inc.), Securities Purchase Agreement (Root9B Technologies Inc.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by it at the Investor on or prior to before the Closing.
Appears in 2 contracts
Sources: Common Stock Purchase Agreement (Searchlight Minerals Corp.), Common Stock and Warrant Purchase Agreement (Searchlight Minerals Corp.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by it at or prior to the Closing., including, without limitation, delivering or causing the delivery of those items required to be delivered pursuant to Section 2.03;
Appears in 2 contracts
Sources: Stock Purchase Agreement (Sandridge Energy Inc), Stock Purchase Agreement (Sandridge Energy Inc)
Performance. The Company shall have performed, satisfied satisfied, and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the such Closing.;
Appears in 2 contracts
Sources: Securities Purchase Agreement (Advent Technologies Holdings, Inc.), Securities Purchase Agreement (Nuvve Holding Corp.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by it at or prior to the Closing.; and
Appears in 2 contracts
Sources: Share Purchase Agreement (Document Security Systems Inc), Share Purchase Agreement (Document Security Systems Inc)
Performance. The Company shall have performed, satisfied and complied in all material respects aspects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by it at the Company on or prior to before the ClosingClosing Date.
Appears in 2 contracts
Sources: Merger Agreement (World Commerce Online Inc), Merger Agreement (Surgical Safety Products Inc)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents Note to be performed, satisfied or complied with by it at or prior to the Closingdate hereof.
Appears in 2 contracts
Sources: Secured Subordinated Convertible Promissory Note (Bluefly Inc), Secured Subordinated Promissory Note (Bluefly Inc)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the each Closing.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Anthera Pharmaceuticals Inc), Securities Purchase Agreement (Transgenomic Inc)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closing.;
Appears in 2 contracts
Sources: Term Note Purchase Agreement (Freight Technologies, Inc.), Term Note Purchase Agreement (Freight Technologies, Inc.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closing, including, but not limited to, the delivery of the items set forth in Section 2.2(a).
Appears in 2 contracts
Sources: Securities Purchase Agreement (Silicom LTD), Securities Purchase Agreement (Silicom LTD)
Performance. The Company shall have performed, ----------- satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closing.;
Appears in 2 contracts
Sources: Securities Purchase Agreement (Zoltek Companies Inc), Securities Purchase Agreement (Zoltek Companies Inc)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closing.such Closing;
Appears in 2 contracts
Sources: Securities Purchase Agreement (REE Automotive Ltd.), Securities Purchase Agreement (REE Automotive Ltd.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Second Closing.;
Appears in 1 contract
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closing, including delivery of the items set forth in Section 2.3(a).
Appears in 1 contract
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it the Purchasers at or prior to the any Unit Warrant Closing.;
Appears in 1 contract
Sources: Securities Purchase Agreement (North American Palladium LTD)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Common Equity Closing.
Appears in 1 contract
Sources: Securities Purchase Agreement (Sunesis Pharmaceuticals Inc)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closingapplicable Closing Date.
Appears in 1 contract
Performance. The Company shall have performed, satisfied and complied in all material respects with all its respective the covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by it the Company at or prior to the ClosingClosing Date.
Appears in 1 contract
Sources: Investment Commitment Agreement (Quantum Corp /De/)
Performance. The Company shall have performed, satisfied satisfied, and complied in all material respects with all covenants, agreements agreements, and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by it at or prior to the Initial Closing or the Subsequent Closing, as applicable.
Appears in 1 contract
Sources: Securities Purchase Agreement (Odyssey Marine Exploration Inc)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Additional Shares Closing.;
Appears in 1 contract
Sources: Securities Purchase Agreement (Captech Financial Group, Inc)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Applicable Closing.
Appears in 1 contract
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closing.Closing (except that covenants, agreements and conditions that are qualified by materiality shall have been performed, satisfied and complied with in all respects);
Appears in 1 contract
Sources: Securities Purchase Agreement (Telecommunication Systems Inc /Fa/)
Performance. The Company shall have performed, satisfied satisfied, and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closing.
Appears in 1 contract
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it the Purchasers at or prior to the Second Closing.;
Appears in 1 contract
Sources: Securities Purchase Agreement (North American Palladium LTD)
Performance. The Company shall have (i) performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents Documents, and (ii) delivered or caused to be performed, satisfied or complied with by it at or prior delivered those items required to the Closingbe delivered pursuant to Section 2.2.
Appears in 1 contract
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the ClosingInitial Closing Date or Subsequent Closing Date, as applicable.
Appears in 1 contract
Sources: Securities Purchase Agreement (Root9B Technologies Inc.)
Performance. The Company shall have performed, satisfied performed and complied in fulfilled all material respects with all covenants, agreements obligations and conditions herein required by the Transaction Documents to be performed, satisfied performed or complied with fulfilled by it at on or prior to the ClosingClosing Date, and all documents delivered in connection herewith shall be reasonably satisfactory in form and content to the Purchaser and its legal counsel.
Appears in 1 contract
Sources: License Agreement (Novacea Inc)
Performance. The Company shall have performed, satisfied and complied with, in all material respects with respects, all covenants, agreements and conditions required by this Agreement or the Transaction Documents Security Agreement to be performed, satisfied or complied with by it at or prior to the Closing.
Appears in 1 contract
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closing., in all cases subject to the Company’s rights and obligations as a Chapter 11 debtor and debtor-in-possession (each term as defined in the Bankruptcy Code);
Appears in 1 contract
Sources: Securities Purchase and Exchange Agreement (Luna Innovations Inc)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closing, including the deliveries required by Section 2.2(a).
Appears in 1 contract
Sources: Stock and Warrant Purchase Agreement (Stereotaxis, Inc.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the First Closing.;
Appears in 1 contract
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the First Closing.
Appears in 1 contract
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents Agreements to be performed, satisfied or complied with by it at or prior to the First Closing or the Second Closing, as applicable.
Appears in 1 contract
Sources: Securities Purchase Agreement (DARA BioSciences, Inc.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Subscription Documents to be performed, satisfied or complied with by it at or prior to the each Closing.
Appears in 1 contract
Performance. The Company shall have performed, satisfied and complied in all material respects with any and all covenants, agreements and conditions required by the Transaction Documents Agreement to be performed, satisfied or complied with by it at or prior to the Closing.
Appears in 1 contract
Sources: Share Purchase Agreement (SoftBank Group Capital LTD)
Performance. The Company shall have performed, satisfied and complied with, in all material respects with respects, all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by it at or prior to the such Closing.
Appears in 1 contract
Performance. The Company shall have performed, satisfied and complied in all material respects with all the covenants, agreements and conditions required by this Agreement and the other Transaction Documents to be performed, satisfied or complied with by it at or the Company prior to or at the Closing.
Appears in 1 contract
Sources: Class a Common Stock Purchase Agreement (Verde Clean Fuels, Inc.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents Agreements to be performed, satisfied or complied with by it at or prior to the Closing.
Appears in 1 contract
Sources: Securities Purchase Agreement (DARA BioSciences, Inc.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Initial Acquisition Closing and the Additional Acquisition Closing.
Appears in 1 contract
Sources: Securities Purchase Agreement (Hanmi Financial Corp)
Performance. The Company shall have performedperformed , satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performedperformed , satisfied or complied with by it at or prior to the Closing.;
Appears in 1 contract
Sources: Purchase Agreement (Las Vegas Railway Express, Inc.)
Performance. The Company shall have performed, satisfied performed and complied in all material respects with all covenants, agreements and conditions covenants required by the Transaction Documents herein to be performed, satisfied performed or complied with by it the Company at or prior to before the Closing, including without limitation those to be performed at the Closing pursuant to Section 1.
Appears in 1 contract
Sources: Redemption Agreement (Interpool Inc)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closing, including the conditions set forth in Section 2.2(a).
Appears in 1 contract
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closing., including,without limitation, delivering or causing the delivery of those items required to be delivered pursuant to Section 2.2;
Appears in 1 contract
Sources: Preferred Stock Purchase Agreement (Wca Waste Corp)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement and the Transaction Documents Related Agreements to be performed, satisfied or complied with by it at or prior to the Closingsuch closing.
Appears in 1 contract
Sources: Investment Agreement (FX Real Estate & Entertainment Inc.)
Performance. The Company shall have performed, satisfied and complied in all material respects with any and all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closingany Purchase Date.
Appears in 1 contract
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by it at the Investor on or prior to before the ClosingClosing Date.
Appears in 1 contract
Sources: Common Stock Purchase Agreement (Searchlight Minerals Corp.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closing., including, without limitation, delivering or causing the delivery of those items required to be delivered pursuant to Section 2.2(a);
Appears in 1 contract
Sources: Preferred Stock Purchase Agreement (Alpine Group Inc /De/)
Performance. The Company shall have performed, satisfied and complied with in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closing.;
Appears in 1 contract
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the First Unit Closing.
Appears in 1 contract
Sources: Securities Purchase Agreement (Sunesis Pharmaceuticals Inc)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closing.Initial Closing Date and each Subsequent Closing Date;
Appears in 1 contract
Sources: Securities Purchase Agreement (Oxygen Biotherapeutics, Inc.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by it at or prior to the Closing.:
Appears in 1 contract
Sources: Securities Purchase Agreement (FriendFinder Networks Inc.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at on or prior to the Closing.Closing Date;
Appears in 1 contract
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, covenants and agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with or by it at or prior to the applicable Closing.
Appears in 1 contract
Sources: Preferred Stock Purchase Agreement (Ardmore Shipping Corp)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Second Closing.
Appears in 1 contract
Performance. The Company and each other Noteholder shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closing.
Appears in 1 contract
Sources: Senior Secured Note Amendment Agreement (Pacific Ethanol, Inc.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by it at or prior to the Closing, other than with respect to covenants, agreements and conditions of the Company which are qualified by materiality or by Company Material Adverse Effect, which shall be complied with in all respects.
Appears in 1 contract