Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such Closing.
Appears in 95 contracts
Samples: Convertible Note and Warrant Purchase Agreement (NuZee, Inc.), Share Purchase Agreement (Forwardly, Inc.), Convertible Note Purchase Agreement (ASP Isotopes Inc.)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 80 contracts
Samples: Recapitalization and Exchange Agreement, Common Stock Purchase Agreement (Biocryst Pharmaceuticals Inc), Purchase Agreement (Epizyme, Inc.)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such the Closing.
Appears in 50 contracts
Samples: Convertible Note Purchase Agreement (ASP Isotopes Inc.), Securities Purchase Agreement (Comstock Inc.), Preferred Stock Purchase Agreement (Opgen Inc)
Performance. The Company shall have performed and complied with all All covenants, agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such Closingprior to the Closing Date shall have been performed or complied with by the Company in all material respects.
Appears in 47 contracts
Samples: Stock Repurchase Agreement (L Brands, Inc.), Subscription Agreement (Black Elk Energy Offshore Operations, LLC), Stock Repurchase Agreement (Esterline Technologies Corp)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 34 contracts
Samples: Share Subscription Agreement, Share Subscription Agreement, Share Subscription Agreement (Tencent Music Entertainment Group)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such Closing.
Appears in 29 contracts
Samples: Series F Preferred Stock and Warrant Purchase Agreement (Winc, Inc.), Stock Purchase Agreement, Series a Preferred Share Purchase Agreement (Biohaven Pharmaceutical Holding Co Ltd.)
Performance. The Company shall have performed and complied with ----------- all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 20 contracts
Samples: Common Stock Purchase Agreement (Chemdex Corp), Preferred Stock Purchase Agreement (Avantgo Inc), Preferred Stock Purchase Agreement (Avantgo Inc)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such the Closing.
Appears in 17 contracts
Samples: Agreement and Plan of Merger (IMARA Inc.), Series a Preferred Stock Repurchase and Exchange Agreement (Eastman Kodak Co), Preferred Shares Purchase Agreement (360 Finance, Inc.)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such Closingprior to the Closing Date.
Appears in 16 contracts
Samples: Securities Purchase Agreement (Nam Tai Property Inc.), Securities Purchase Agreement (Oasis Management Co Ltd.), Securities Purchase Agreement (Rockwell Medical, Inc.)
Performance. The Company shall have performed and complied complied, in all material respects, with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such the Closing, including, without limitation, the delivery by the Company of the items contemplated by Section 1.4(a).
Appears in 15 contracts
Samples: Securities Purchase Agreement (Crinetics Pharmaceuticals, Inc.), Securities Purchase Agreement (Kura Oncology, Inc.), Securities Purchase Agreement (Poseida Therapeutics, Inc.)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such Closingprior to the Closing Date.
Appears in 15 contracts
Samples: Securities Purchase Agreement (KALA BIO, Inc.), Securities Purchase Agreement (KALA BIO, Inc.), Registration Rights Agreement (Kala Pharmaceuticals, Inc.)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such Closingthe Closing Date.
Appears in 14 contracts
Samples: Subscription Agreement (LumiraDx LTD), Common Stock Purchase Agreement (Eiger BioPharmaceuticals, Inc.), Subscription Agreement (Exscientia LTD)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such Closingprior to the Closing Date.
Appears in 13 contracts
Samples: Subscription Agreement (Korro Bio, Inc.), Subscription Agreement (ARCA Biopharma, Inc.), Subscription Agreement (Q32 Bio Inc.)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations agreements and conditions covenants contained in this Agreement that are required to be performed or complied with by the Company it on or before such the date of the Closing.
Appears in 10 contracts
Samples: Purchase Agreement (Coca-Cola Consolidated, Inc.), Repurchase Agreement (Trinet Group, Inc.), Repurchase Agreement (Central Pacific Financial Corp)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations agreements and conditions contained in this Agreement that are herein required to be performed or complied with by it prior to or at the Company on or before such ClosingClosing Date.
Appears in 8 contracts
Samples: Collaborative Research and License Agreement (Archemix Corp.), Stock Purchase Agreement (Archemix Corp.), Collaborative Research and License Agreement (Nitromed Inc)
Performance. The Company shall have performed and complied complied, in all material respects, with all covenantseach agreement, agreements, obligations covenant and conditions contained in obligation required by this Agreement that are required to be so performed or complied with by the Company on at or before such the Closing.
Appears in 8 contracts
Samples: Agreement and Plan of Merger and Reorganization (Knot Inc), Agreement and Plan of Merger (Getty Images Inc), Investment Agreement (Recovery Equity Investors Ii Lp)
Performance. The Company shall have performed and complied with with, in all covenantsmaterial respects, agreements, obligations all covenants and conditions contained in agreements required by this Agreement that are required to be performed or complied with by the Company on or before such Closingprior to the Closing Date.
Appears in 8 contracts
Samples: Exchange Agreement, Exchange Agreement, Exchange Agreement (Spotify Technology S.A.)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by the Company on prior to or before such at the Closing.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Himalaya Technologies, Inc), Securities Purchase Agreement (Grover Vikram P), Securities Purchase Agreement (2050 Motors, Inc.)
Performance. The Company shall have performed and complied with all agreements, covenants, agreements, obligations and conditions contained in this Agreement in all material respects that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 7 contracts
Samples: Stock Purchase Agreement (Hyperion Partners Ii Lp), 1 Stock Purchase Agreement (Transworld Home Healthcare Inc), Stock Purchase Agreement (Hyperion Partners Ii Lp)
Performance. The Company shall have performed in all material respects all covenants and complied with all covenants, agreements, obligations and conditions agreements contained in this Agreement that are required to be performed or complied with by the Company on or before such prior to the Closing.
Appears in 7 contracts
Samples: Stock Purchase Agreement (Hecht Peter M), Subscription Agreement (Esports Technologies, Inc.), Common Stock Purchase Agreement (N-Able, Inc.)
Performance. The Company shall have performed and complied complied, in all material respects, with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such Closing.
Appears in 6 contracts
Samples: Common Stock Purchase Agreement (Arcellx, Inc.), Common Stock Purchase Agreement (Arcellx, Inc.), Preferred Stock Purchase Agreement (Calithera Biosciences, Inc.)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such the Initial Closing.
Appears in 6 contracts
Samples: Preferred Stock Purchase Agreement, Convertible Note and Series F Preferred Stock Purchase Agreement (Renren Inc.), Note and Warrant Purchase Agreement (Zagg INC)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations agreements and conditions covenants contained in this Agreement that are herein required to be performed or complied with by the Company on it prior to or before at such ClosingClosing Date.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Radical Holdings Lp), Securities Purchase Agreement (Immediatek Inc), Securities Purchase Agreement (Radical Holdings Lp)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company Investor on or before such the Closing.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Catasys, Inc.), Securities Purchase Agreement (Catasys, Inc.), Securities Purchase Agreement (Catasys, Inc.)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations of its agreements and conditions covenants contained in this Agreement that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Fly Leasing LTD), Securities Purchase Agreement (Fly Leasing LTD), Securities Purchase Agreement (Summit Aviation Partners LLC)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such the Initial Closing.
Appears in 5 contracts
Samples: Note Purchase Agreement (Colonnade Acquisition Corp. II), Note Purchase Agreement (Redaptive, Inc.), Convertible Note Purchase Agreement (Redaptive, Inc.)
Performance. The Company shall have performed and complied in all material respects with all covenantsother conditions, agreements, obligations covenants and conditions agreements contained in this Agreement that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 5 contracts
Samples: Common Stock Purchase Agreement (MEI Pharma, Inc.), Common Stock Purchase Agreement (Intrexon Corp), Purchase Agreement
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such Closingthe Closing Date.
Appears in 5 contracts
Samples: Stock Purchase Agreement, Stock Purchase Agreement, Investors Rights Agreement (ECMOHO LTD)
Performance. The Company shall have performed and complied with with, in all covenantsmaterial respects, agreementseach agreement, obligations covenant and conditions contained in obligation required by this Agreement that are required to be so performed or complied with by the Company on at or before such the Closing.
Appears in 5 contracts
Samples: Preferred Stock Purchase Agreement (Ameriquest Technologies Inc), Subscription Agreement (Midmark Capital Lp), Purchase Agreement (Acorn Products Inc)
Performance. The Company shall have performed and complied with ----------- all covenants, agreements, obligations and conditions contained in this Agreement and the Related Agreements that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 4 contracts
Samples: Preferred Stock Purchase Agreement (Petopia Com Inc), Preferred Stock Purchase Agreement (Petopia Com Inc), Preferred Stock Purchase Agreement (Petopia Com Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations obligations, covenants and conditions contained in this Agreement that are required to be performed or complied with by the Company on it at or before such the Closing.
Appears in 4 contracts
Samples: Series E Preferred Stock and Warrant Purchase Agreement (Roka BioScience, Inc.), Series E Preferred Stock Purchase Agreement (Roka BioScience, Inc.), Series E Preferred Stock Purchase Agreement (Roka BioScience, Inc.)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in this Agreement that are covenants required herein to be performed or complied with by the Company it on or before such the Closing.
Appears in 4 contracts
Samples: Agreement of Merger (Oracle Corp /De/), Agreement of Merger (Avant Corp), Agreement of Merger (Sparta Foods Inc)
Performance. The Company and each of its subsidiaries shall have performed and complied in all material respects with all covenants, agreements, obligations conditions and conditions covenants contained in this Agreement that are herein required to be performed or complied with by it prior to or at the Company on or before such Closing, including without limitation the covenants set forth in Section 3.
Appears in 4 contracts
Samples: Put Agreement (Ifx Corp), Put Agreement (Ifx Corp), Put Agreement (Ifx Corp)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such each Closing.
Appears in 4 contracts
Samples: Series B Preferred Stock Purchase Agreement (Anterios Inc), Preferred Stock Purchase Agreement (Anterios Inc), Series B Preferred Stock Purchase Agreement (Anterios Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such the Closing and shall have delivered the Transaction Documents as of each Closing.
Appears in 4 contracts
Samples: Class B Preferred Unit Purchase Agreement (Learn SPAC HoldCo, Inc.), Limited Liability Company Agreement (Learn SPAC HoldCo, Inc.), Preferred Unit Purchase Agreement (Learn SPAC HoldCo, Inc.)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such Closingthe Execution Date.
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (Cytokinetics Inc), Common Stock Purchase Agreement (Cytokinetics Inc), Common Stock Purchase Agreement (Cytokinetics Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such the Second Closing.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Versicor Inc /Ca), Stock Purchase Agreement (Versicor Inc /Ca), Convertible Redeemable Preferred Stock Purchase Agreement (Cotelligent Inc)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations agreements and conditions covenants contained in this Agreement that are herein required to be performed or complied with by it prior to or at the Company on or before such ClosingClosing Date.
Appears in 4 contracts
Samples: Series B Preferred Stock Purchase Agreement, Series B Preferred Stock Purchase Agreement (Heat Biologics, Inc.), Stock Purchase Agreement (Middlefield Banc Corp)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such Closing.
Appears in 4 contracts
Samples: Series a Preferred Stock Purchase Agreement (IntelliHome, Inc.), Securities Purchase Agreement (IntelliHome, Inc.), Securities Purchase Agreement (IntelliHome, Inc.)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such Closingthe Agreement Date or the Initial Closing Date, as applicable.
Appears in 4 contracts
Samples: Convertible Notes Purchase Agreement (Uber Technologies, Inc), Convertible Notes Purchase Agreement (Uber Technologies, Inc), Convertible Notes Purchase Agreement (Uber Technologies, Inc)
Performance. The Company shall have performed and complied with all covenantseach agreement, agreements, obligations covenant and conditions contained in obligation required by this Agreement that are required to be so performed or complied with by the Company on it in all material respects at or before such the Closing.
Appears in 4 contracts
Samples: Repurchase Agreement (China Biologic Products, Inc.), Repurchase Agreement (Chan Ling Siu), Repurchase Agreement (China Biologic Products, Inc.)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such the First Closing.
Appears in 4 contracts
Samples: Voting Agreement (WhiteSmoke, Inc.), Preferred Stock Purchase Agreement (Simplex Solutions Inc), Preferred Stock Purchase Agreement (Bluebook International Holding Co)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such Closing.
Appears in 4 contracts
Samples: Note and Warrant Purchase Agreement (Stronghold Digital Mining, Inc.), Membership Unit Purchase Agreement (Isun, Inc.), Preferred Stock Purchase Agreement (Capstone Therapeutics Corp.)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in this Agreement and the other Transaction Documents that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 4 contracts
Samples: Share Subscription Agreement, Share Subscription Agreement (Tencent Music Entertainment Group), Share Subscription Agreement (Tencent Music Entertainment Group)
Performance. The Acquired Company shall have performed and complied with all covenants, agreements, obligations agreements and conditions contained in covenants that it is required to perform or comply with pursuant to this Agreement that are required prior to be performed or complied with by the Company on or before such Closing.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Kite Realty Group Trust), Agreement and Plan of Merger (Kite Realty Group Trust), Agreement and Plan of Merger (Kite Realty Group Trust)
Performance. The Company shall have performed and complied with with, in all covenantsmaterial respects, agreementseach agreement, obligations covenant and conditions contained in obligation required by this Agreement that are required to be so performed or complied with by the Company on it at or before such the Closing.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Netgateway Inc), Agreement and Plan of Merger (Netgateway Inc), Agreement and Plan of Merger (Galaxy Enterprises Inc /Nv/)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement the Transaction Documents that are required to be performed or complied with by the Company on or before such the Closing.
Appears in 3 contracts
Samples: And Warrant Purchase Agreement (Coupon Express, Inc.), Senior Note and Warrant Purchase Agreement (Coupon Express, Inc.), And Warrant Purchase Agreement (Psi Corp)
Performance. The Company shall have performed and complied in all ----------- material respects with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Onvia Com Inc), Preferred Stock Purchase Agreement (Onvia Com Inc), Preferred Stock Purchase Agreement (Onvia Com Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such each Closing.
Appears in 3 contracts
Samples: Debenture and Warrant Purchase Agreement (Airbee Wireless, Inc.), Note and Warrant Purchase Agreement (Strategic Gaming Investments, Inc.), Common Stock Purchase Agreement (Cytokinetics Inc)
Performance. The Company shall have performed and materially complied with all covenants, agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before prior to the Closing and at such Closingtime the Company shall not be in default in the performance of or compliance with any of the provisions of this Agreement.
Appears in 3 contracts
Samples: Preferred Stock and Warrant Purchase Agreement (Holzer Ronald H), Preferred Stock and Warrant Purchase Agreement (Holzer Ronald H), Preferred Stock and Warrant Purchase Agreement (J2 Communications /Ca/)
Performance. The Company Corporation shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 3 contracts
Samples: Series B Preferred Stock Purchase Agreement (KonaRed Corp), Series a Preferred Stock Purchase Agreement (KonaRed Corp), Series a Preferred Stock Purchase Agreement (Willsey Gregory Thomas)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such Closing.
Appears in 3 contracts
Samples: Series E Preferred Stock Purchase Agreement (Glowpoint, Inc.), Series E Preferred Stock Purchase Agreement (XpresSpa Group, Inc.), Investment Agreement (Five Below, Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such Closingin all material respects.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Dynamic Leisure Corp), Common Stock Purchase Agreement (Dynamic Leisure Corp), Common Stock Purchase Agreement (Dynamic Leisure Corp)
Performance. The Company shall have performed and complied with all All covenants, agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by the Company on at or before such Closingprior to the Closing shall have been performed or complied with by the Company.
Appears in 3 contracts
Samples: Convertible Preferred Stock Repurchase Agreement (Venture Capital Fund of New England Iii Lp), Convertible Preferred Stock Repurchase Agreement (Cahill Edward L), Convertible Preferred Stock Repurchase Agreement (Occupational Health & Rehabilitation Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Purchase Agreement that are required to be performed or complied with by the Company it on or before such Closing.
Appears in 3 contracts
Samples: Convertible Debenture Purchase Agreement, Convertible Debenture Purchase Agreement, Convertible Debenture Purchase Agreement
Performance. The Company shall have performed and complied in all material respects with all covenantsother conditions, agreements, obligations covenants and conditions agreements contained in this Agreement that are required to be performed or complied with by the Company it on or before such the applicable Closing.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (XOMA Corp), Confidential Treatment Requested (Ultragenyx Pharmaceutical Inc.), Confidential Treatment Requested (Ultragenyx Pharmaceutical Inc.)
Performance. The Company shall have performed and complied with all agreements, covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Afem Medical Corp), Stock Purchase Agreement (99 Cents Only Store), Stock Purchase Agreement (Maxwell Technologies Inc)
Performance. The Company shall have performed and complied with ----------- all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such Closingthe Closing and the Company shall have obtained any and all consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by the Agreements.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Drugstore Com Inc), Series E Preferred Stock Purchase Agreement (Drugstore Com Inc), Preferred Stock Purchase Agreement (Drugstore Com Inc)
Performance. The covenants and obligations that the Company is required to comply with or to perform pursuant to this Agreement at or prior to the Amendment Time shall have performed and been complied with and performed in all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such Closingmaterial respects.
Appears in 3 contracts
Samples: Subordinated Senior Secured Convertible Note Amendment Agreement and Waiver (Enerpulse Technologies, Inc.), Senior Secured Convertible Note Amendment Agreement and Waiver (Enerpulse Technologies, Inc.), Convertible Note Amendment Agreement (Verenium Corp)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such Closingthe Closing and shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.
Appears in 3 contracts
Samples: Ordinary Share Purchase Agreement (Stealth BioTherapeutics Corp), Ordinary Share Purchase Agreement (Stealth BioTherapeutics Corp), Ordinary Share Purchase Agreement (Stealth BioTherapeutics Corp)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it pursuant to this Agreement on or before such Closingprior to the Closing Date.
Appears in 3 contracts
Samples: Series a Preferred Stock Purchase Agreement (Pacific Oak Residential Trust, Inc.), Securities Purchase Agreement (FinTech Acquisition Corp), Securities Purchase Agreement (FinTech Acquisition Corp)
Performance. The Company shall have performed and complied with all covenants, agreementsAgreement, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such the Closing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Anchorage International Holdings Corp.), Stock Purchase Agreement (Anchorage International Holdings Corp.)
Performance. The Company shall have performed and complied with with, in all material respects, all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company them on or before such Closing.
Appears in 2 contracts
Samples: Share Purchase Agreement (Mercurity Fintech Holding Inc.), Share Purchase Agreement (Su Tuo)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations obligations, covenants and conditions contained in this Agreement that are required to be performed or complied with by the Company on it at or before such the Closing.
Appears in 2 contracts
Samples: Series C Preferred Stock (Roka BioScience, Inc.), Series C Preferred Stock (Roka BioScience, Inc.)
Performance. The Company shall will have performed in all material respects all of the covenants and complied with all covenants, agreements, obligations and conditions contained agreements set forth in this Agreement that are expressly required to be performed by it at or complied with prior to the Closing, and will have obtained all consents and approvals required to be obtained by the Company on or before such Closingfor the consummation of the transactions contemplated by this Agreement.
Appears in 2 contracts
Samples: Preferred Redemption Agreement (Skyterra Communications Inc), Investment Agreement (Rare Medium Group Inc)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in this Agreement and other Transaction Documents that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 2 contracts
Samples: Share Purchase Agreement, Share Purchase Agreement (Renren Inc.)
Performance. The Company shall have performed and complied with with, in all material respect, all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such Closing.
Appears in 2 contracts
Samples: Series a Preferred Stock Purchase Agreement (ScripsAmerica, Inc.), Series a Preferred Stock Purchase Agreement (ScripsAmerica, Inc.)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such each Closing.
Appears in 2 contracts
Samples: Senior Note Purchase Agreement (Aradigm Corp), Senior Note Purchase Agreement (Aradigm Corp)
Performance. The Company shall have performed and or complied with in all covenants, agreements, obligations material respects all agreements and conditions contained in this Agreement that are covenants required to be performed or complied with by it under this Agreement at or prior to the Company on or before such Initial Closing.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (CohBar, Inc.), Stock Purchase Agreement (CohBar, Inc.)
Performance. The Company shall have performed and complied complied, in all material respects, with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such the Initial Closing.
Appears in 2 contracts
Samples: Convertible Promissory Note Purchase Agreement, Convertible Promissory Note Purchase Agreement (Altimmune, Inc.)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such the Note Closing.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement, Convertible Note and Series F Preferred Stock Purchase Agreement (Renren Inc.)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement and in the other Transaction Documents that are required to be performed or complied with by the Company such entity on or before such the Closing.
Appears in 2 contracts
Samples: Convertible Note and Warrant (Patient Safety Technologies, Inc), Secured Convertible Note and Warrant (Patient Safety Technologies, Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations obligations, covenants and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Combichem Inc), Investors' Rights Agreement (Combichem Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such Closingthe First Closing Date.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Millennium Cell Inc), Stock Purchase Agreement (Millennium Cell Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 2 contracts
Samples: Series a Preferred Stock Purchase Agreement (General Finance CORP), Preferred Stock Purchase Agreement (General Finance CORP)
Performance. The Company shall have performed and complied with ----------- all covenants, agreements, obligations obligations, covenants and conditions contained in this Agreement and the Additional Agreements that are required to be performed or complied with by the Company on at or before such the Closing.
Appears in 2 contracts
Samples: Series a Subscription Agreement (General Electric Capital Corp), Subscription Agreement (Net2phone Inc)
Performance. The Company shall have performed all obligations and complied with all covenants, agreements, obligations and conditions contained in covenants required by this Agreement that are required to be performed or complied with by the Company on or before such Closing.prior to the Closing Date;
Appears in 2 contracts
Samples: Stock Tender and Exchange Agreement (Sitestar Corp), Asset Purchase Agreement (Signature Eyewear Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such the Third Tranche Closing.
Appears in 2 contracts
Samples: Series D Preferred Stock Purchase Agreement (Proteon Therapeutics Inc), Series D Preferred Stock Purchase Agreement (Proteon Therapeutics Inc)
Performance. The Company shall have performed and complied with all covenantsother conditions, agreements, obligations covenants and conditions agreements contained in this Agreement that are required to be performed or complied with by the Company it on or before such Subsequent Closing.
Appears in 2 contracts
Samples: Subscription Agreement (Essent Group Ltd.), Subscription Agreement (Essent Group Ltd.)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations obligations, and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such the Closing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Grown Rogue International Inc.), Stock Purchase Agreement (Grown Rogue International Inc.)
Performance. The Company shall have performed and complied in all material respects with all covenantscovenants and agreements contained herein and received any and all consents, agreements, obligations and conditions contained approvals or waivers necessary in this Agreement that are order to complete the transactions required to be performed or complied with by it prior to or at the Company on or before such Closing.
Appears in 2 contracts
Samples: Unit Purchase Agreement (Pegasus Investors L P), Unit Purchase Agreement (Code Alarm Inc)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations agreements and conditions covenants contained in this Agreement that are herein required to be performed or complied with by it prior to or at the Company Closing Date (or such compliance shall have been waived on or before such Closingterms and conditions reasonably satisfactory to the Purchaser).
Appears in 2 contracts
Samples: Notes Note Purchase Agreement (WeWork Inc.), Pledge and Security Agreement (WeWork Inc.)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company it on or before such Closing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Genome Therapeutics Corp), Stock Purchase Agreement (Genome Therapeutics Corp)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such the Second Tranche Closing.
Appears in 2 contracts
Samples: Series D Preferred Stock Purchase Agreement (Proteon Therapeutics Inc), Series D Preferred Stock Purchase Agreement (Proteon Therapeutics Inc)
Performance. The Company shall have performed and complied ----------- with all covenantscovenants and agreements contained herein and received any and all consents, agreements, obligations and conditions contained approvals or waivers necessary in this Agreement that are order to complete the transactions required to be performed or complied with by it or prior to or at the Company on or before such ClosingClosing Date.
Appears in 2 contracts
Samples: Convertible Debenture Purchase Agreement (Right Start Inc /Ca), Convertible Debenture Purchase Agreement (Right Start Inc /Ca)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations obligations, covenants and conditions contained in this Agreement that are required to be performed or complied with by the Company on it at or before such each Closing.
Appears in 2 contracts
Samples: Series D Preferred Stock (Roka BioScience, Inc.), Series D Preferred Stock (Roka BioScience, Inc.)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such the Initial Tranche Closing.
Appears in 2 contracts
Samples: Series D Preferred Stock Purchase Agreement (Proteon Therapeutics Inc), Series D Preferred Stock Purchase Agreement (Proteon Therapeutics Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement the Loan Agreements that are required to be performed or complied with by the Company on prior to or before such at the applicable Closing.
Appears in 2 contracts
Samples: Convertible Note Purchase Agreement (Sunshine Silver Mining & Refining Corp), Convertible Note Purchase Agreement (Sunshine Silver Mining & Refining Corp)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, covenants and obligations and conditions contained in under this Agreement that which are required to be performed or complied with by the Company on or before such Closingprior to the Closing Date, and the Company shall have delivered the certificate to that effect which is described in Section 2.3(a)(iv) above.
Appears in 2 contracts
Samples: Subscription Agreement (Windswept Environmental Group Inc), Subscription Agreement (Spotless Group LTD)
Performance. (a) The covenants and obligations that the Company is required to perform or to comply with pursuant to this Agreement at or prior to the Closing shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be been duly performed or complied with by the Company on or before such Closingin all material respects.
Appears in 2 contracts
Samples: Equity Interest Purchase Agreement, Equity Interest Purchase Agreement (NGL Energy Partners LP)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement and the Asset Purchase Agreement that are required to be performed by or complied with by the Company it on or before such Closing.
Appears in 2 contracts
Samples: Asset Purchase and Sale Agreement (Prometheus Laboratories Inc), Asset Purchase and Sale Agreement (Prometheus Laboratories Inc)
Performance. The Company shall have performed and complied with with, in all material respects, all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such the Closing.
Appears in 2 contracts
Samples: Second Tranche Stock Purchase Agreement (Siebert Financial Corp), First Tranche Stock Purchase Agreement (Siebert Financial Corp)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are is required to be performed or complied with by the Company it on or before such Closingthe Closing and, except as set forth in Section 2.6, the Company shall have obtained any and all consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by the Agreement and the Agreements.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Voyager Group Inc/Ca/), Convertible Preferred Stock (Voyager Group Usa-Brazil LTD)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such ClosingAdvance.
Appears in 2 contracts
Samples: Credit Facility Agreement (Marrone Bio Innovations Inc), Credit Facility Agreement (Marrone Bio Innovations Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement the Agreements that are required to be performed or complied with by the Company it on or before such the Closing.
Appears in 2 contracts
Samples: Preferred Share Purchase Agreement, Series a Preferred Share Purchase Agreement (Bakbone Software Inc)
Performance. The Company shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by the Company on or before such applicable Closing.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement, Common Stock Purchase Agreement
Performance. The Company shall have performed and complied with all covenants, agreements, obligations agreements and conditions contained in this Agreement that are required herein to be performed or complied with by the Company on prior to or before at such Closingsubsequent closing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Neutral Tandem Inc), Stock Purchase Agreement (Neutral Tandem Inc)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with or by the Company it on or before such the Closing.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Redback Networks Inc), Preferred Stock Purchase Agreement (Limelight Networks, Inc.)
Performance. The Company shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in this Agreement and the Merger Agreement that are required to be performed or complied with by the Company it on or before such Closingprior to the Closing Date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Myos Rens Technology Inc.), Securities Purchase Agreement (Myos Rens Technology Inc.)
Performance. The Company shall have performed and complied with all covenantsother conditions, agreements, obligations covenants and conditions agreements contained in this the Existing Subscription Agreement that are required to be performed or complied with by the Company it on or before such the Initial Closing.
Appears in 2 contracts
Samples: Subscription Agreement (Essent Group Ltd.), Subscription Agreement (Essent Group Ltd.)
