Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Date.
Appears in 1794 contracts
Samples: Private Placement Shares Purchase Agreement (Alchemy Investments Acquisition Corp 1), Private Placement Shares Purchase Agreement (Alchemy Investments Acquisition Corp 1), Private Placement Warrants Purchase Agreement (Centurion Acquisition Corp.)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 345 contracts
Samples: Subscription Agreement (Rise Oil & Gas, Inc.), Securities Purchase Agreement, Healthlynked Corp. Note and Warrant Purchase Agreement (HealthLynked Corp)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the Closing DateDates.
Appears in 318 contracts
Samples: Private Placement (SilverBox Corp III), Warrants Purchase Agreement (SilverBox Corp III), Warrants Purchase Agreement (SilverBox Engaged Corp II)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the Closing Date.
Appears in 245 contracts
Samples: Private Placement Warrants Purchase Agreement (Centurion Acquisition Corp.), Private Placement Warrants Purchase Agreement (Melar Acquisition Corp. I/Cayman), Private Placement Warrants Purchase Agreement (Lionheart Holdings)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the applicable Closing Date.
Appears in 107 contracts
Samples: Private Placement Units Purchase Agreement (Mars Acquisition Corp.), Private Placement Units Purchase Agreement (Mars Acquisition Corp.), Private Placement Units Purchase Agreement (Mars Acquisition Corp.)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the Closing Dateand shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.
Appears in 82 contracts
Samples: Convertible Preferred Stock Purchase Agreement, Common Stock Purchase Agreement (Tauriga Sciences, Inc.), Common Stock Purchase Agreement (Tauriga Sciences, Inc.)
Performance. The Company shall have performed and complied with all agreements, obligations obligations, and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 59 contracts
Samples: Securities Purchase Agreement (Isleworth Healthcare Acquisition Corp.), Note Purchase Agreement, Convertible Preferred Stock Purchase Agreement
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the Closing Dateand shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.
Appears in 54 contracts
Samples: Ordinary Shares Purchase Agreement (Sportradar Group AG), Ordinary Shares Purchase Agreement (Sportradar Group AG), Class a Ordinary Shares Purchase Agreement (Sportradar Group AG)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 51 contracts
Samples: Stock Repurchase Agreement (BrightSphere Investment Group Inc.), Securities Purchase Agreement (Stationdigital Corp), Securities Purchase Agreement (Stationdigital Corp)
Performance. The Company shall have performed and complied with ----------- all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 47 contracts
Samples: Purchase Agreement (Divine Interventures Inc), Purchase Agreement (Divine Interventures Inc), Purchase Agreement (Divine Interventures Inc)
Performance. The Company shall have performed and complied with in all agreementsmaterial respects each agreement, obligations covenant and conditions contained in obligation required by this Agreement that are required to be so performed or complied with by it the Company on or before such the Closing Date.
Appears in 35 contracts
Samples: Agreement and Plan of Merger (Identiv, Inc.), Agreement and Plan of Merger (Identiv, Inc.), Agreement and Plan of Merger (Sigma Designs Inc)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on at or before such Closing Datethe Closing.
Appears in 31 contracts
Samples: Class a Ordinary Share Subscription Agreement (New Ruipeng Pet Group Inc.), Class a Ordinary Share Subscription Agreement (New Ruipeng Pet Group Inc.), Class a Ordinary Share Subscription Agreement (New Ruipeng Pet Group Inc.)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it the Company on or before such Closing Date.
Appears in 27 contracts
Samples: Private Placement Warrants Purchase Agreement (Andretti Acquisition Corp.), Private Placement Warrants Purchase Agreement (Andretti Acquisition Corp.), Private Placement Warrants Purchase Agreement (Andretti Acquisition Corp.)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such each Closing Date.
Appears in 26 contracts
Samples: Private Placement Warrants Purchase Agreement (Pearl Holdings Acquisition Corp), Private Placement Warrants Purchase Agreement (Consilium Acquisition Corp I, Ltd.), Private Placement Warrants Purchase Agreement (Pearl Holdings Acquisition Corp)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe date of the Closing.
Appears in 23 contracts
Samples: Stock Purchase Agreement (Incyte Corp), Stock Purchase Agreement (MSC Industrial Direct Co Inc), Stock Purchase Agreement (Nuance Communications, Inc.)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 22 contracts
Samples: Redeemable Convertible Preferred Stock and Warrant Purchase (Telesis Bio Inc.), Share Purchase Agreement (Alimera Sciences Inc), Series a Convertible Preferred Subscription Agreement (Novavax Inc)
Performance. The Company shall have performed and complied with all agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 19 contracts
Samples: Management Subscription and Stock Purchase Agreement (Generac Holdings Inc.), Management Subscription and Stock Purchase Agreement (Generac Holdings Inc.), Management Subscription and Stock Purchase Agreement (Generac Holdings Inc.)
Performance. The Company shall have performed and complied in all material respects with all of the agreements, covenants and obligations and conditions contained in required under this Agreement that are required to be performed or complied with by it them on or before such prior to the Closing Date.
Appears in 18 contracts
Samples: Share Exchange Agreement (Blow & Drive Interlock Corp), Share Exchange Agreement (Cosmos Group Holdings Inc.), Share Exchange Agreement (WECONNECT Tech International, Inc.)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations obligations, and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 15 contracts
Samples: Securities Purchase Agreement (Scientific Industries Inc), Securities Purchase Agreement (Scientific Industries Inc), Securities Purchase Agreement (Scientific Industries Inc)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the IPO Closing Date.
Appears in 14 contracts
Samples: Warrant Agreement (Colombier Acquisition Corp.), Private Placement Warrants Purchase Agreement (Focus Impact Acquisition Corp.), Private Placement Warrants Purchase Agreement (Focus Impact Acquisition Corp.)
Performance. The Company shall have performed and complied ----------- with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 14 contracts
Samples: Stock Purchase Agreement (NPS Pharmaceuticals Inc), Common Stock and Warrant Purchase Agreement (Stamps Com Inc), Shareholders Agreement (Inventa Technologies Inc)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Initial Closing.
Appears in 13 contracts
Samples: Convertible Note Purchase Agreement (Phoenix Biotech Acquisition Corp.), Investors’ Rights Agreement (Kranem Corp), Adoption Agreement (Arrowhead Research Corp)
Performance. The Company shall have performed and complied with or fulfilled all agreements, obligations and conditions contained in this Agreement that are herein required to be performed or complied with fulfilled by it on or the Company before such Closing Datethe Closing.
Appears in 13 contracts
Samples: Securities Purchase Agreement (EnerJex Resources, Inc.), Securities Redemption Agreement (American Defense Systems Inc), Securities Purchase Agreement (EnerJex Resources, Inc.)
Performance. The Company shall have performed and or complied in all material respects with all agreements, obligations agreements and conditions contained in this Agreement that are herein required to be performed or complied with by it on prior to or before such Closing Dateat the time of the Closing.
Appears in 12 contracts
Samples: Agreement and Plan of Merger (Progressive Corp/Oh/), Securities Purchase Agreement (Hearst Communications Inc), Securities Purchase Agreement (Ivillage Inc)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the such Closing Date.
Appears in 12 contracts
Samples: Unit Purchase Agreement (Monocle Acquisition Corp), Unit Purchase Agreement (Monocle Acquisition Corp), Unit Purchase Agreement (Monocle Acquisition Corp)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing DateClosing.
Appears in 11 contracts
Samples: Common Stock Purchase Agreement (Cherokee Inc), Agreement and Plan of Merger and Reorganization (Valeritas Inc), Ordinary Share Purchase Agreement (Theravance Biopharma, Inc.)
Performance. The Company shall have performed and complied with all agreements, obligations agreements and conditions contained in this Agreement that are herein required to be performed or complied with by it on prior to or before such at the Closing Date, and the Company shall have certified to such effect to the Investors in writing.
Appears in 11 contracts
Samples: Sample Convertible Preferred Stock Purchase Agreement, Stock Purchase Agreement, Stock Purchase Agreement
Performance. The Company shall have performed and complied with all agreements, obligations agreements and conditions contained herein or in other ancillary documents incident to the transactions contemplated by this Agreement that are required to be performed or complied with by it on prior to or before such Closing Dateat the Closing.
Appears in 11 contracts
Samples: Preferred Stock Purchase Agreement (3dx Technologies Inc), Purchase Agreement (Checkers Drive in Restaurants Inc /De), Purchase Agreement (Cke Restaurants Inc)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions agreements contained in this Agreement that are herein required to be performed or complied with by it on prior to or before such at the Closing Date.
Appears in 10 contracts
Samples: Share Exchange Agreement (Life Petroleum Inc), Convertible Debenture Purchase Agreement (Air South Airlines Inc), Securities Purchase Agreement (Horizon Pharmacies Inc)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement the Transaction Documents that are required to be performed or complied with by it them on or before such Closing Datethe Closing.
Appears in 10 contracts
Samples: Share Purchase Agreement (Adagene Inc.), Share Purchase Agreement (Adagene Inc.), Share Purchase Agreement (Adagene Inc.)
Performance. The Company shall have performed and complied complied, in all material respects, with all agreements, obligations obligations, covenants and conditions contained in required by this Agreement that are required to be performed or complied with by it on or before such prior to the Closing Date.
Appears in 9 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Pixar \Ca\), Agreement and Plan of Merger (Walt Disney Co/)
Performance. The Company shall will have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the Closing Dateand will have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.
Appears in 9 contracts
Samples: Securities Purchase Agreement (Micron Technology Inc), Common Stock and Warrant Purchase Agreement (Intel Corp), Common Stock and Warrant Purchase Agreement (Intel Corp)
Performance. The Company shall have performed and complied with all agreements, obligations agreements and conditions contained herein or in other ancillary documents incident to the transactions contemplated by this Agreement that are and Equity Transfer Agreements required to be performed or complied with by it on them prior to or before such Closing Dateat the Closing.
Appears in 9 contracts
Samples: Securities Purchase Agreement (Fame Ever LTD), Securities Purchase Agreement (Fame Ever LTD), Securities Purchase Agreement (Fame Ever LTD)
Performance. The Company shall have performed and complied with ----------- all agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by it on the Company prior to or before such Closing Dateat the Closing.
Appears in 9 contracts
Samples: Series C Preferred Stock Purchase Agreement (Proton Energy Systems Inc), Exhibit (C-Bridge Internet Solutions Inc), Warrant Purchase Agreement (Ixata Group Inc)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe applicable Closing.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Givemepower Corp), Securities Purchase Agreement (Givemepower Corp), Securities Purchase Agreement
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in covenants required by this Agreement that are required to be performed or complied with by it on them at or before such prior to the Closing Date.
Appears in 8 contracts
Samples: Stock Purchase and Recapitalization Agreement (Monogram Energy, Inc.), Stock Purchase and Recapitalization Agreement (Bico Inc/Pa), Stock Purchase and Recapitalization Agreement (Bluestar Health, Inc.)
Performance. The Company shall have performed and complied with all agreements, obligations agreements and conditions contained in this Agreement that are herein required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 8 contracts
Samples: Stock Purchase Agreement (Cytation Com Inc), Stock Purchase Agreement (Keystone Silver Mines Inc), Stock Purchase Agreement (RPM Technologies Inc)
Performance. The Company shall have performed and complied with all agreements, obligations obligations, and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the Closing Date.
Appears in 7 contracts
Samples: Subscription and Rights Agreement (Geospatial Holdings, Inc.), Subscription and Purchase Agreement (Geospatial Holdings, Inc.), Subscription and Purchase Agreement (Geospatial Holdings, Inc.)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations covenants and conditions contained in this Agreement that are herein required to be performed or complied with by it prior to or on or before such the Closing Date.
Appears in 7 contracts
Samples: Exchange and Recapitalization Agreement, Exchange and Recapitalization Agreement (Simon Worldwide Inc), Exchange and Recapitalization Agreement (SAVVIS, Inc.)
Performance. The Company shall have performed and complied with all agreements, obligations obligations, and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the U.S. Milestone Closing Date.
Appears in 7 contracts
Samples: Stock Purchase Agreement (Icn Pharmaceuticals Inc), Exclusive License and Supply Agreement (Ribapharm Inc), Exclusive License and Supply Agreement (Ribapharm Inc)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement Agreement, and all of the conditions set forth in Section 5 of the Underwriting Agreement, that are required to be performed or complied with by it on or before such the Closing DateDates.
Appears in 7 contracts
Samples: Private Placement Share Purchase Agreement (Iron Spark I Inc.), Private Placement Share Purchase Agreement (Iron Spark I Inc.), Private Placement Warrants Purchase Agreement (Iron Spark I Inc.)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 7 contracts
Samples: Purchase Agreement (MTM Technologies, Inc.), Securities Purchase Agreement (American Capital Strategies LTD), Purchase Agreement (MTM Technologies, Inc.)
Performance. The Company shall have performed and complied with all agreements, obligations obligations, and conditions contained in this Agreement the Loan Documents that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 7 contracts
Samples: Note and Warrant Purchase Agreement (Gi Dynamics, Inc.), Note Purchase Agreement (Gi Dynamics, Inc.), Note and Warrant Purchase Agreement (Gi Dynamics, Inc.)
Performance. The Company shall have performed and complied with ----------- all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the Closing Dateand shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.
Appears in 7 contracts
Samples: Preferred Stock Purchase Agreement (Alladvantage Com Inc), Series a Preferred Stock Purchase Agreement (Asymetrix Learning Systems Inc), Stock Purchase Agreement (Concur Technologies Inc)
Performance. The Company shall have performed and complied with all agreements, obligations obligations, and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the EU Milestone Closing Date.
Appears in 7 contracts
Samples: Exclusive License and Supply Agreement (Ribapharm Inc), Stock Purchase Agreement (Icn Pharmaceuticals Inc), Stock Purchase Agreement (Icn Pharmaceuticals Inc)
Performance. The Company shall have duly performed and complied in all material respects with all agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by it on prior to or before such Closing Dateat the Closing.
Appears in 7 contracts
Samples: Stock Purchase Agreement (OptimumBank Holdings, Inc.), Stock Purchase Agreement (OptimumBank Holdings, Inc.), Stock Purchase Agreement (OptimumBank Holdings, Inc.)
Performance. The Company shall have performed and complied with all agreements, obligations obligations, and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the Initial Milestone Closing Date.
Appears in 7 contracts
Samples: Stock Purchase Agreement (Icn Pharmaceuticals Inc), Exclusive License and Supply Agreement (Ribapharm Inc), Exclusive License and Supply Agreement (Icn Pharmaceuticals Inc)
Performance. The Company shall have performed and complied complied, in all respects, with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 6 contracts
Samples: Share Purchase Agreement (Medigus Ltd.), Securities Purchase Agreement (Save Foods Inc.), Securities Purchase Agreement (Save Foods Inc.)
Performance. The Company shall have performed and complied with in all material respects all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 6 contracts
Samples: Collaboration and License Agreement (Aptevo Therapeutics Inc.), Collaboration and License Agreement (Trubion Pharmaceuticals, Inc), Collaboration and License Agreement (Trubion Pharmaceuticals, Inc)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe applicable Closing.
Appears in 6 contracts
Samples: Preferred Stock and Warrant Purchase Agreement (Ritter Pharmaceuticals Inc), Investor Rights Agreement (Niku Corp), Series D Preferred Stock Purchase Agreement (Niku Corp)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement Addendum that are required to be performed or complied with by it or with which it is required to have complied on or before such Closing Datethe Closing.
Appears in 6 contracts
Samples: Investors’ Rights Agreement (KFX Inc), Investors’ Rights Agreement (KFX Inc), Investors’ Rights Agreement (KFX Inc)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations agreements and conditions contained in this Agreement that are herein required to be performed or complied with by it prior to or on or before such the Closing Date, and the Company shall have so certified to the Purchasers in writing.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Aurora Electronics Inc), Purchase Agreement (Spectrasite Holdings Inc), Securities Purchase Agreement (Welsh Carson Anderson Stowe Viii Lp)
Performance. The Company shall have performed and complied with all agreements, obligations agreements and conditions contained in herein and other documents incident to the transactions contemplated by this Agreement that are required to be performed or complied with by it on prior to or before such Closing Dateat the Closing.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Dexterity Surgical Inc), Cumulative Convertible Preferred Stock Purchase Agreement (Dexterity Surgical Inc), Share Exchange Agreement (Innovest Capital Sources Corp)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe First Closing.
Appears in 6 contracts
Samples: Series a Preferred Stock Purchase Agreement (You on Demand Holdings, Inc.), Series D Preferred Stock and Warrant Purchase Agreement (Great Basin Scientific, Inc.), Escrow Agreement (Curon Medical Inc)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Subsequent Closing.
Appears in 6 contracts
Samples: Series B Preferred Stock Purchase Agreement (Clearlake Capital Partners, LLC), Series B Preferred Stock Purchase Agreement (Purple Communications, Inc.), Stock Purchase Agreement (Clearlake Capital Partners, LLC)
Performance. The Company shall will have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing DateClosing.
Appears in 5 contracts
Samples: Registration Rights Agreement (Emed Technologies Corp), Series J Preferred Stock Purchase Agreement (Emed Technologies Corp), Registration Rights Agreement (Emed Technologies Corp)
Performance. The Company shall have performed and complied with all agreements, obligations obligations, and conditions contained in this Agreement that are required to be performed or complied with by it on or before the Company as of such Closing DateClosing.
Appears in 5 contracts
Samples: And Warrant Purchase Agreement, And Warrant Purchase Agreement (Visterra, Inc.), And Warrant Purchase Agreement (Visterra, Inc.)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement, and the Operating Agreement that are required to be performed or complied with by it on or before such Closing DateSubsequent Closing.
Appears in 5 contracts
Samples: Subscription Agreement, Subscription Agreement (Iridium Communications Inc.), Subscription Agreement (Iridium Communications Inc.)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Subscription Agreement that are required to be performed or complied with by it with respect to a Closing on or before such Closing Dateprior to the date of a Closing.
Appears in 5 contracts
Samples: Subscription Agreement (Communication Intelligence Corp), Subscription Agreement (Communication Intelligence Corp), Subscription Agreement (Communication Intelligence Corp)
Performance. The Company shall have performed and complied with ----------- all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Funding.
Appears in 5 contracts
Samples: Preferred Stock Purchase Agreement (DSL Net Inc), Preferred Stock Purchase Agreement (DSL Net Inc), Preferred Stock Purchase Agreement (DSL Net Inc)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations agreements and conditions contained in covenants required by this Agreement that are required to be performed or and complied with by it the Company prior to or on or before such the Closing Date.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (ModivCare Inc), Agreement and Plan of Merger (Carlisle Companies Inc), Stock Purchase Agreement (Fuller H B Co)
Performance. The Company shall have performed and complied ----------- with all agreements, obligations obligations, and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Neogenomics Inc), Stock Purchase Agreement (Neogenomics Inc), Stock Purchase Agreement (Neogenomics Inc)
Performance. The Company shall have performed and complied with all agreementseach agreement, obligations covenant and conditions contained in obligation required by this Agreement that are required to be so performed or complied with by it the Company on or before such the Closing Date.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Webex Communications Inc), Agreement and Plan of Merger (Shea Development Corp.), Agreement and Plan of Merger (Shea Development Corp.)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the Closing Dateand shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale of the Shares described herein.
Appears in 5 contracts
Samples: Common Stock Purchase Agreement (Ocean Biomedical, Inc.), Common Stock Purchase Agreement (Imago BioSciences, Inc.), Common Stock Purchase Agreement (Braeburn Pharmaceuticals, Inc.)
Performance. The Company Corporation shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the Closing Dateand shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.
Appears in 5 contracts
Samples: Common Stock Purchase Agreement (Penthouse International Inc), Common Stock Purchase Agreement (Penthouse International Inc), Common Stock Purchase Agreement (American Pulp Exchange Inc)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations obligations, and conditions contained in required by this Agreement that are required to be performed or complied with by it on or before prior to the Closing, and Parent shall have received a certificate to such Closing Dateeffect signed by the Chief Executive Officer of the Company.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Avecor Cardiovascular Inc), Agreement and Plan of Merger (Medtronic Inc), Agreement and Plan of Merger (Alliance Data Systems Corp)
Performance. The Company shall have performed and complied in all material respects with all of the agreements, covenants and obligations and conditions contained in required under this Agreement that are required to be performed or complied with by it on or before such prior to the Closing Date.
Appears in 5 contracts
Samples: Share Exchange Agreement (Longduoduo Co LTD), Share Exchange Agreement (As Capital, Inc.), Share Exchange Agreement (China Foods Holdings Ltd.)
Performance. The Company shall have performed and complied with all agreements, obligations agreements and conditions contained in this Agreement that are herein required to be performed or complied with by it on prior to or before such Closing Dateat the Closing.
Appears in 5 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Ilex Oncology Inc), Convertible Preferred Stock Purchase Agreement (Ilex Oncology Inc), Convertible Preferred Stock Purchase Agreement (Ilex Oncology Inc)
Performance. The Company shall have duly performed and complied with all agreements, of the obligations and conditions contained in that the Company is required to perform or to comply with pursuant to this Agreement that are required to be performed or complied with by it on or before such prior to the Closing Date.
Appears in 5 contracts
Samples: Second Notes Repurchase Agreement (Origin Agritech LTD), Senior Secured Notes Repurchase Agreement (Vista Gold Corp), Notes Repurchase Agreement (China Shen Zhou Mining & Resources, Inc.)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the Closing Date.
Appears in 5 contracts
Samples: Subscription Agreement (Vecta Inc.), Subscription Agreement (Vecta Inc.), Subscription Agreement
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement and the Operating Agreement that are required to be performed or complied with by it on or before such Closing Datethe Initial Closing.
Appears in 4 contracts
Samples: Subscription Agreement, Subscription Agreement (Iridium Communications Inc.), Subscription Agreement (Iridium Communications Inc.)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it the Company on or before such Closing Datethe Closing.
Appears in 4 contracts
Samples: Exchange Agreement (Novavax Inc), Series D Preferred Stock and Warrant Purchase Agreement (Nanosphere Inc), Exchange Agreement (Novavax Inc)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations agreements and conditions contained in this Agreement that are herein required to be performed or complied with by it prior to or on or before such the Closing Date.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Savvis Communications Corp), Securities Purchase Agreement (Savvis Communications Corp), Securities Purchase Agreement (Reuters Group PLC)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Subscription Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 4 contracts
Samples: Subscription Agreement (Mdu Communications International Inc), Subscription Agreement (Mdu Communications International Inc), Subscription Agreement (Mdu Communications International Inc)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions covenants contained in this Agreement that are required to be performed or complied with by it on or before such the Closing Date.
Appears in 4 contracts
Samples: Unit Purchase Agreement (Centerspan Communications Corp), 4 Unit Purchase Agreement (Centerspan Communications Corp), Unit Purchase Agreement (Centerspan Communications Corp)
Performance. The Company shall have performed and ----------- complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Planetrx Com), Preferred Stock Purchase Agreement (Inflow Inc), Preferred Stock Purchase Agreement (Verisign Inc/Ca)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on on, or before such prior to, the Closing Date.
Appears in 4 contracts
Samples: Preferred Stock and Warrant Purchase Agreement (Lime Energy Co.), Preferred Stock and Warrant Purchase Agreement (Lime Energy Co.), Preferred Stock and Warrant Purchase Agreement (Lime Energy Co.)
Performance. The Company shall have performed and complied with all ----------- agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (Peritus Software Services Inc), Preferred Stock Purchase Agreement (Production Group International Inc), Preferred Stock and Warrant Purchase Agreement (DSL Net Inc)
Performance. The Company shall have performed and complied in all ----------- material respects with all agreements, obligations and conditions agreements contained in this Agreement that are herein required to be performed or complied with by it on prior to or before such at the Closing Date.
Appears in 4 contracts
Samples: Preferred Stock Purchase Agreement (Adolor Corp), Convertible Preferred Stock Purchase Agreement (Adolor Corp), Preferred Stock Purchase Agreement (Adolor Corp)
Performance. The Company shall have performed and complied with all of its agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the Closing Datein all material aspects.
Appears in 4 contracts
Samples: Share Subscription Agreement (Oneconnect Financial Technology Co., Ltd.), Share Subscription Agreement (Oneconnect Financial Technology Co., Ltd.), Share Subscription Agreement (Oneconnect Financial Technology Co., Ltd.)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in required by this Agreement that are required to be performed or complied with by it them on or before such prior to the Closing Date, and each document and instrument required to be delivered pursuant to Section 3.1 hereof shall have been delivered.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Lithium Technology Corp), Stock Purchase Agreement (Hagens Eduard), Stock Purchase Agreement (Lithium Technology Corp)
Performance. The Company shall have performed and complied with performed, in all agreementsmaterial respects, all obligations and conditions contained in required under this Agreement that are required and the Acquisition Documents to be performed or complied with by it the Company on or before such the Closing Date.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Renal Treatment Centers Inc /De/), Asset Purchase Agreement (Renal Treatment Centers Inc /De/), Asset Purchase Agreement (Renal Treatment Centers Inc /De/)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement Agreement, if any, that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 4 contracts
Samples: Investor Rights Agreement (Cytel Corp/De), Stock Purchase Agreement (Monsanto Co), Stock Purchase Agreement (Cytel Corp/De)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing. The entering into, delivery and performance of this Agreement by the Company shall have been duly authorized by all necessary corporate action.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Software Net Corp), Stock Purchase Agreement (Software Net Corp), Preferred Stock Purchase Agreement (Software Net Corp)
Performance. The Company shall must have performed and complied with all agreements, obligations agreements and conditions contained in this Agreement that are and required to be performed or complied with by it on prior to or before such Closing Dateat the Closing.
Appears in 3 contracts
Samples: Debenture Purchase Agreement (Bartol Timothy C), Purchase Agreement (Rockford Corp), Purchase Agreement (Rockford Corp)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it or with which it is required to have complied on or before such Closing Datethe Closing.
Appears in 3 contracts
Samples: Stock and Warrant Purchase Agreement (Westcliff Capital Management LLC/Ca), Common Stock and Warrant Purchase Agreement (KFX Inc), Common Stock and Warrant Purchase Agreement (KFX Inc)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 3 contracts
Samples: Stock and Warrant Purchase Agreement (California Micro Devices Corp), Stock Purchase Agreement (California Micro Devices Corp), Stock Purchase Agreement (Ipvoice Communications Inc)
Performance. The Company shall have performed and complied with all agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by it the Company prior to or on or before such the Closing Date.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Languageware Net Co LTD), Stock Purchase Agreement (Languageware Net Co LTD), Stock Purchase Agreement (Languageware Net Co LTD)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing DateClosing, and shall have obtained all approvals, consents and qualifications necessary to complete the sale of the Shares described herein.
Appears in 3 contracts
Samples: Securities Purchase Agreement (CTD Holdings Inc), Securities Purchase Agreement (CTD Holdings Inc), Securities Purchase and Collaboration Agreement (CTD Holdings Inc)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing DateClosing.
Appears in 3 contracts
Samples: Purchase Agreement (Micros to Mainframes Inc), Class a Common Stock Purchase Agreement (Isonics Corp), Purchase Agreement (MTM Technologies, Inc.)
Performance. The Company shall have performed all agreements and complied with all agreements, obligations and conditions contained herein and in this Agreement that are the other Operative Documents required to be performed or complied with by it on prior to or before such Closing Dateat the Closing.
Appears in 3 contracts
Samples: Security Agreement (Servicesource International LLC), Securities Purchase Agreement (Servicesource International LLC), Securities Purchase Agreement
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such the applicable Closing Date, including the delivery of a Sale Notice to the Purchaser pursuant to Section 9.C hereto.
Appears in 3 contracts
Samples: Warrant Subscription Agreement (GS Acquisition Holdings Corp), Warrant Subscription Agreement (GS Acquisition Holdings Corp II), Warrant Subscription Agreement (GS Acquisition Holdings Corp)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing DateClosing.
Appears in 3 contracts
Samples: Preferred Membership Unit (Lincolnway Energy, LLC), Convertible Loan Credit Agreement (Bakken Resources Inc), Unit Purchase Agreement (Monument Resources Inc)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on at or before such Closing Dateprior to the Closing.
Appears in 3 contracts
Samples: Senior Note Purchase Agreement (Global Traffic Network, Inc.), Common Stock Purchase Agreement (Monitor Clipper Equity Partners Lp), Stock Purchase Agreement (Alliance Imaging Inc /De/)
Performance. The Company shall have performed and complied in all material respects with all agreements, obligations and conditions contained in required by this Agreement that are required to be performed or complied with by it on or before such prior to the Closing Date.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Depomed Inc), Stock Purchase Agreement (Depomed Inc), Stock Purchase Agreement (Depomed Inc)
Performance. The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such any Closing Date.
Appears in 3 contracts
Samples: Sponsor Warrant Purchase Agreement, Sponsor Warrant Purchase Agreement (Modern Media Acquisition Corp.), Sponsor Warrant Purchase Agreement (Modern Media Acquisition Corp.)
Performance. The Company shall have performed and complied complied, in all material respects, with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 3 contracts
Samples: Stock Purchase Agreement (ScoutCam Inc.), Stock Purchase Agreement (ScoutCam Inc.), Stock Purchase Agreement (Aml Communications Inc)
Performance. The Company shall have performed and complied with with, in all agreementsmaterial respects, obligations each agreement, covenant and conditions contained in obligation required by this Agreement that are required and the Ancillary Agreements to be so performed or complied with by it the Company on or before such the Closing Date.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Greenrose Acquisition Corp.), Agreement and Plan of Merger (Greenrose Acquisition Corp.), Agreement and Plan of Merger (Greenrose Acquisition Corp.)
Performance. The Company shall have performed and complied with all material agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe applicable Closing.
Appears in 3 contracts
Samples: Promissory Note Purchase Agreement (Gabriel Technologies Corp), Promissory Note Purchase Agreement (Gabriel Technologies Corp), Promissory Note Purchase Agreement (Gabriel Technologies Corp)
Performance. The Company shall have performed and complied in all ----------- material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before such Closing Datethe Closing.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Catalytica Combustion Systems Inc), Securities Purchase Agreement (Argyros George L), Stock Subscription Agreement (Soros Fund Management LLC)
