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 289 contracts
Samples: Securities Purchase Agreement (Blue Ridge Bankshares, Inc.), Securities Purchase Agreement (Rallybio Corp), Securities Purchase Agreement (Cidara 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 the Closing.;
Appears in 233 contracts
Samples: Securities Purchase Agreement (Know Labs, Inc.), Securities Purchase Agreement (Abvc Biopharma, Inc.), Securities Purchase Agreement (Castellum, 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 37 contracts
Samples: Securities Purchase Agreement (Catcha Investment Corp), Securities Purchase Agreement (OneMedNet Corp), Securities Purchase Agreement (OneMedNet 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.
Appears in 33 contracts
Samples: Warrant Acquisition Agreement (FreightCar America, Inc.), Warrant Acquisition Agreement (Pacific Investment Management Co LLC), Warrant Acquisition Agreement (FreightCar America, Inc.)
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
Samples: 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
Samples: 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
Samples: Agreement (JR Resources Corp.), 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 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
Samples: 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 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
Samples: 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 such Closing.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Wisa Technologies, Inc.), Unit Purchase Agreement (Marizyme, Inc.), Unit Purchase Agreement (Marizyme, Inc.)
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 ClosingFirst Closing and shall have certified to such effect to such Purchaser in writing.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Ixl Enterprises Inc), Securities Purchase Agreement (Donaldson Lufkin & Jenrette Inc /Ny/), 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 5 contracts
Samples: Private Placement Agreement, Stock Purchase Agreement (Kingsway Financial Services Inc), Stock Purchase Agreement (Kingsway Financial Services Inc)
Performance. The Company shall have performed, satisfied performed and complied in all material respects with all covenantsagreements, agreements obligations and conditions required by contained in the Transaction Documents that are required to be performed, satisfied performed or complied with by it at on or prior to before the Closing.
Appears in 5 contracts
Samples: Share Subscription Agreement (NIO Inc.), Share Subscription Agreement (NIO Inc.), Share Subscription Agreement (CYVN Investments RSC 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 this Agreement to be performed, satisfied or complied with by it at or prior to the ClosingClosing Date.
Appears in 5 contracts
Samples: 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 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
Samples: Securities Purchase Agreement (Qhy Group), Securities Purchase Agreement (Qhy Group), Securities Purchase Agreement (First Independence Corp.)
Performance. The Company and each other Investor 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 5 contracts
Samples: Securities Purchase Agreement (Photomedex Inc), Securities Purchase Agreement (Cereplast Inc), Securities Purchase Agreement (Pioneer Power Solutions, Inc.)
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
Samples: Securities Purchase Agreement (Gentle Dental Service Corp), Securities Purchase Agreement (Chase Venture Capital Associates L P), Securities Purchase Agreement (Donaldson Lufkin & Jenrette Inc /Ny/)
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
Samples: Securities Purchase Agreement, Securities Purchase Agreement (FC Global Realty Inc), Stock Purchase Agreement (Mirna Therapeutics, Inc.)
Performance. The Company shall have performed, satisfied performed and complied in all material respects with all covenantsagreements, agreements covenants and conditions required by the Transaction Documents to be performed, satisfied or performed and complied with by it under the Transaction Documents at or prior to before the Closing.
Appears in 4 contracts
Samples: Stock and Warrant Purchase Agreement (Vistula Communications Services, Inc.), Subscription Agreement (MedaSorb Technologies CORP), Stock and Warrant Purchase Agreement (Neuro-Hitech, Inc.)
Performance. The Company shall have performed, satisfied performed and complied in all material respects with all covenantsagreements, agreements obligations, and conditions contained in the Loan Documents 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 4 contracts
Samples: Note Purchase Agreement (PARTS iD, Inc.), Note Purchase Agreement (PARTS iD, Inc.), Note Purchase Agreement (PARTS iD, 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 4 contracts
Samples: Stock Purchase Agreement (Southern States Bancshares, Inc.), Stock Purchase Agreement (Riverview Financial Corp), Stock Purchase Agreement (Trinity Capital 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 any closing of the ClosingPlacement.
Appears in 4 contracts
Samples: 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 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
Samples: 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 to be performed, satisfied or complied with by it at or prior to the Closing.Closing Date; and
Appears in 3 contracts
Samples: Securities Purchase Agreement (Imperial Resources, Inc.), Securities Purchase Agreement (Imperial Resources, Inc.), Securities Purchase Agreement (Imperial 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.. (c)
Appears in 3 contracts
Samples: Securities Purchase and Registration Rights Agreement, Execution Version Securities Purchase Agreement (Pieris Pharmaceuticals, Inc.), Version Share Purchase Agreement (Perceptive Advisors LLC)
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
Samples: Escrow Agreement (Codesmart Holdings, Inc.), Escrow Agreement (First Independence Corp.), Securities Purchase Agreement (Discovery Technologies 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
Samples: 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 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 3 contracts
Samples: Stock and Warrant Purchase Agreement (Aileron Therapeutics Inc), Stock Purchase Agreement (Catabasis Pharmaceuticals Inc), Debenture and Stock Purchase Agreement (Bakers Footwear Group Inc)
Performance. The Company and each other Investor 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 3 contracts
Samples: Securities Purchase Agreement (Alseres Pharmaceuticals Inc /De), Securities Purchase Agreement (Alseres Pharmaceuticals Inc /De), Securities Purchase Agreement (Alseres Pharmaceuticals 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 to be performed, satisfied or complied with by it at or prior to the Initial Closing.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Telkonet Inc), Securities Purchase Agreement (Telkonet Inc), Securities 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 this Agreement to be performed, satisfied or complied with by it at on or prior to the ClosingClosing Date.
Appears in 3 contracts
Samples: 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 this Agreement to be performed, satisfied or complied with by it at or prior to the Closing (or Subsequent Closing).
Appears in 3 contracts
Samples: Share Purchase Agreement, Share Purchase Agreement and Omnibus Amendment (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 to be performed, satisfied or complied with by it at or prior to the Closingsuch Closing Date.
Appears in 3 contracts
Samples: 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
Samples: Securities Purchase Agreement (Marlborough Software Development Holdings Inc.), Securities Purchase Agreement (Irish Mag, Inc.), Securities Purchase Agreement (MAKO Surgical 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 3 contracts
Samples: Securities Purchase Agreement (Ainos, Inc.), Securities Purchase Agreement (PARTS iD, Inc.), Securities Purchase Agreement (Blue Star Foods Corp.)
Performance. The Company and each other Investor 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.; and
Appears in 3 contracts
Samples: Securities Purchase Agreement (Intelligentias, Inc.), Securities Purchase Agreement (Akeena Solar, Inc.), Securities Purchase Agreement (Iomai 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, but not limited to, the delivery of the items set forth in Section 2.2(a).
Appears in 2 contracts
Samples: 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
Samples: 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 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
Samples: 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.Closing Date;
Appears in 2 contracts
Samples: 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
Samples: 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 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
Samples: Stock Purchase Agreement (Sandridge Energy Inc), Stock Purchase Agreement (Sandridge Energy 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
Samples: 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
Samples: 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 the Company at or prior to the Closing.
Appears in 2 contracts
Samples: Securities Purchase Agreement (SKYX Platforms Corp.), Securities Purchase Agreement (SKYX Platforms 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
Samples: 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.;
Appears in 2 contracts
Samples: 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 Initial Closing.;
Appears in 2 contracts
Samples: 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 applicable Closing.
Appears in 2 contracts
Samples: Share Purchase Agreement (Ivy Jerry Lafe JR), Share Purchase Agreement (On Track Innovations 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 Note to be performed, satisfied or complied with by it at or prior to the Closingdate hereof.
Appears in 2 contracts
Samples: Bluefly Inc, Bluefly Inc
Performance. The Company shall have performedperformed or fulfilled all agreements, satisfied and complied in all material respects with all covenantsobligations, agreements and conditions contained in the Loan Documents and required to be performed or fulfilled by the Transaction Documents to be performed, satisfied or complied with by it at or prior to Company before the Closing.
Appears in 2 contracts
Samples: Note Purchase Agreement (Protein Design Labs Inc/De), Note Purchase Agreement (Exelixis Inc)
Performance. The Company and the Investor 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
Samples: Memberhsip Unit Purchase Agreement (Tauriga Sciences, Inc.), Securities Purchase Agreement (Tauriga Sciences, 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
Samples: 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 with, in all material respects with respects, all covenants, agreements and conditions required by this Agreement or the Transaction Documents Share Pledge Agreement to be performed, satisfied or complied with by it at or prior to the Closing.
Appears in 2 contracts
Samples: Share Pledge Agreement (OccuLogix, Inc.), Share Pledge Agreement (OccuLogix, Inc.)
Performance. The Company and Investor 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 2 contracts
Samples: Securities Purchase Agreement (Akorn Inc), Securities Purchase Agreement (Akorn 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 applicable Closing, including the making of the deliveries required by Section 2.2(a).
Appears in 2 contracts
Samples: Note Purchase Agreement (Authentidate Holding Corp), Note 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 each Closing.
Appears in 2 contracts
Samples: 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
Samples: 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 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
Samples: Agreement and Plan of Reorganization (Surgical Safety Products Inc), Agreement and Plan of Merger (World Commerce Online 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 such Closing.;
Appears in 2 contracts
Samples: 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 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
Samples: 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 the Investor on or prior to before the Closing.
Appears in 2 contracts
Samples: 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 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
Samples: 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 this Agreement to be performed, satisfied or complied with by it at or prior to the Closing.; and
Appears in 2 contracts
Samples: 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 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
Samples: 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 the Purchasers at or prior to the any Unit Warrant Closing.;
Appears in 1 contract
Samples: Securities Purchase Agreement (North American Palladium LTD)
Performance. The Company shall have performed, satisfied performed and complied in all material respects with all covenants, the covenants and agreements and satisfied in all material respects all the conditions required by the Transaction Documents this Agreement to be performed, satisfied performed or complied with or satisfied by it such parties at or prior to the Initial Closing.
Appears in 1 contract
Samples: Stock Subscription Agreement (Genad Connector 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 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, 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
Samples: 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 the Transaction Documents under this Agreement to be performed, satisfied or complied with by it at or prior to the Closing.
Appears in 1 contract
Samples: Subscription, Sale and Purchase Agreement (NxStage Medical, 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
Samples: 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 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
Samples: 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 Common Equity Closing.
Appears in 1 contract
Samples: Securities Purchase Agreement (Sunesis Pharmaceuticals 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 Closing.
Appears in 1 contract
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 such Closing.;
Appears in 1 contract
Samples: Securities Purchase Agreement (Magellan Petroleum Corp /De/)
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
Samples: 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 this Agreement to be performed, satisfied or complied with by it at or prior to the Closingsuch closing.
Appears in 1 contract
Samples: Investment Agreement (FX Real Estate & Entertainment Inc.)
Performance. The Company shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Offering Documents 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 covenantsagreements, agreements obligations, and conditions required by contained in this Agreement and the other Transaction Documents that are required to be performed, satisfied or complied with by it at on or prior to before the Closing.
Appears in 1 contract
Samples: Securities Purchase Agreement (Ballistic Recovery Systems Inc)
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 other Transaction Documents 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 Material Adverse Effect, which shall be complied with in all respects.
Appears in 1 contract
Samples: Securities Purchase Agreement (Champions Oncology, Inc.)
Performance. The Company and each other Investor 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, other than with respect to covenants, agreements and conditions of the Company which are qualified by materiality or by Material Adverse Effect, which shall be complied with in all respects.
Appears in 1 contract
Samples: Securities Purchase Agreement (Threshold 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., 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
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
Samples: 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
Performance. The Company and each other Investor shall have performed, satisfied and or 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
Samples: Securities Purchase Agreement (Dyadic International Inc)
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 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 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
Samples: Preferred Stock Purchase Agreement (Ardmore Shipping Corp)
Performance. The Company shall have performed, satisfied and complied in all material respects respects, with all covenantsagreements, agreements obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied or complied with by it at the Company on or prior to before the Closing.
Appears in 1 contract
Samples: Securities Purchase Agreement (Henry Birks & Sons 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 1 contract
Samples: Securities Purchase Agreement (Root9B Technologies Inc.)
Performance. The Company shall have performed, satisfied performed and complied in all material respects with all covenantsagreements, agreements obligations and conditions required by contained in the Transaction Documents Documents, that are required to be performed, satisfied performed or complied with by it at with, on or prior to before 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 Agreements to be performed, satisfied or complied with by it at or prior to the First Closing, the Second Closing or the Third Closing, as applicable.
Appears in 1 contract
Samples: 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 First Closing.;
Appears in 1 contract
Performance. The Company and the Beneficial Owners 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 each of them at or prior to the Closing.;
Appears in 1 contract
Samples: Securities Purchase Agreement (Millennium Quest 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 1 contract
Samples: Securities Purchase Agreement (Predictive Oncology Inc.)
Performance. The Company shall have performedcomplied with and satisfied, satisfied in all material respects, all the covenants, agreements and complied obligations of the Company contained herein, and performed in all material respects with all covenants, agreements and conditions acts required of the Company by the Transaction Documents to be performed, satisfied or complied with by it at or prior to the Closing.this Agreement. 0.2(b)
Appears in 1 contract
Samples: Agreement and Plan of Merger (Sealright Company 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 all covenants, agreements and conditions required by the Transaction Documents to which it is a party 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
Samples: Preferred Stock Purchase Agreement (Global BPO Services Corp)
