Common use of Performance Clause in Contracts

Performance. The Purchasers 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 them on or before such Closing.

Appears in 63 contracts

Samples: Common Stock Purchase Agreement (Capstone Dental Pubco, Inc.), Preferred Stock Purchase Agreement (Miso Robotics, Inc.), Convertible Note Purchase Agreement (RTW Investments, Lp)

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Performance. The Purchasers 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 them on or before such the Closing.

Appears in 29 contracts

Samples: Unit Purchase Agreement (ProMIS Neurosciences Inc.), Series D Preferred Stock Purchase Agreement (Vascular Biogenics Ltd.), Common Stock Purchase Agreement (Hagerty, Inc.)

Performance. The Purchasers Purchaser 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 them on the Purchaser at or before such the Closing.

Appears in 26 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 Purchasers shall have performed performed, satisfied and complied in all material respects with all covenants, agreements, obligations agreements and conditions contained in this Agreement that are required by the Transaction Documents to be performed performed, satisfied or complied with by them on the Purchasers at or before such prior to the Closing.;

Appears in 25 contracts

Samples: Preferred Stock Purchase Agreement (Paradigm Holdings, Inc), Securities Purchase Agreement (Internet Commerce Corp), Securities Purchase Agreement (Telkonet Inc)

Performance. The Purchasers Purchaser 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 them on or before such Closing.

Appears in 21 contracts

Samples: Common Stock Purchase Agreement (Yumanity Therapeutics, Inc.), Series a Preferred Stock Purchase Agreement (Adamas One Corp.), Membership Unit Purchase Agreement (Isun, Inc.)

Performance. The Purchasers Purchaser 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 them it on or before such the Closing.

Appears in 20 contracts

Samples: Preferred Stock Purchase Agreement (Opgen Inc), Asset Purchase Agreement (Yumanity Therapeutics, Inc.), Membership Interest Purchase Agreement (Corebridge Financial, Inc.)

Performance. The Purchasers Purchaser 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 them on or before such the Closing.

Appears in 20 contracts

Samples: Stock Purchase Agreement (Ideanomics, Inc.), Stock Purchase Agreement (Charah Solutions, Inc.), Series B Preferred Stock Purchase Agreement (Synchronoss Technologies Inc)

Performance. The Purchasers Each Purchaser 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 them it on or before such Closingprior to the Closing Date.

Appears in 16 contracts

Samples: Subscription Agreement (Korro Bio, Inc.), Subscription Agreement (ARCA Biopharma, Inc.), Subscription Agreement (Q32 Bio Inc.)

Performance. The Purchasers Purchaser 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 them it on or before such Closing.

Appears in 15 contracts

Samples: Series G Convertible Preferred Stock Purchase Agreement (International Stem Cell CORP), Series a Preferred Share and Note Purchase Agreement (Velti PLC), Stock Purchase Agreement (Hearusa Inc)

Performance. The Purchasers Such Purchaser 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 them it on or before such the Closing.

Appears in 14 contracts

Samples: Share Subscription Agreement (Tencent Music Entertainment Group), Share Subscription Agreement (Tencent Music Entertainment Group), Share Subscription Agreement (Tencent Music Entertainment Group)

Performance. The Purchasers Purchaser shall have performed and complied in all material respects with all each of the covenants, agreements, agreements and obligations and conditions contained in Purchaser is required to perform under this Agreement that are required to be performed or complied with by them on or before such the Closing.

Appears in 10 contracts

Samples: Asset Purchase and Sale Agreement (Concordia Healthcare Corp.), Asset Purchase Agreement (Dusa Pharmaceuticals Inc), Asset Purchase Agreement (Opko Health, Inc.)

Performance. The Purchasers Purchaser 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 them the Purchaser on or before such the Closing.

Appears in 10 contracts

Samples: Securities Purchase Agreement (Comstock Inc.), Note Purchase Agreement, Secured Convertible Note Purchase Agreement (Medicine Man Technologies, Inc.)

Performance. The Purchasers Purchaser shall have performed and complied with observed, in all covenantsmaterial respects, agreements, obligations all covenants and conditions contained in this Agreement that are required agreements to be performed or complied with observed by them Purchaser under this Agreement prior to or on or before such Closing.the Closing Date;

Appears in 9 contracts

Samples: Purchase and Sale Agreement (Riley Exploration Permian, Inc.), Purchase and Sale Agreement, Purchase and Sale Agreement

Performance. The Purchasers Purchaser shall have performed and complied in all material respects with all covenants, agreements, the covenants and obligations and conditions contained in required by this Agreement that are required to be performed or complied with by them on the Purchaser at or before such Closingprior to the Closing Date.

Appears in 9 contracts

Samples: Agreement of Purchase and Sale (U S Wireless Data Inc), Agreement of Purchase and Sale (TNS Inc), Agreement of Purchase and Sale (U S Wireless Data Inc)

Performance. The Purchasers shall have performed performed, satisfied and complied in all material respects with all covenants, agreements, obligations agreements and conditions contained in this Agreement that are required by the Transaction Documents to be performed performed, satisfied or complied with by them on the Purchasers at or before such Closing.prior to the Closing Date;

Appears in 9 contracts

Samples: Securities Purchase Agreement (Cti Industries Corp), Note and Warrant Purchase Agreement (Nephros Inc), Securities Purchase Agreement (Nephros Inc)

Performance. The Purchasers Purchaser 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 them on it prior to or before such Closingat the Closing Date.

Appears in 8 contracts

Samples: Stock Purchase Agreement (Nitromed Inc), Common Stock Purchase and Registration Rights Agreement (Archemix Corp.), Collaborative Research and License Agreement (Nitromed Inc)

Performance. The Purchasers 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 them on Purchasers at or before such the Closing.

Appears in 7 contracts

Samples: Agreement and Plan of Merger (Fortress Group Inc), Stock Purchase Agreement (Resource America Inc), Stock Purchase Agreement (Blackstone Capital Partners Ii Merchant Banking Fund Et Al)

Performance. The Purchasers Each Purchaser 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 them it on or before such Closingprior to the Closing Date.

Appears in 7 contracts

Samples: Subscription Agreement (Mirum Pharmaceuticals, Inc.), Agreement and Plan of Merger (Neoleukin Therapeutics, Inc.), Subscription Agreement (Mirum Pharmaceuticals, Inc.)

Performance. The Purchasers shall All of the covenants and obligations that the Purchaser is required to perform or to comply with pursuant to this Agreement at or prior to the Closing must have been performed and complied with in all covenants, agreements, obligations and conditions contained in this Agreement that are material respects. The Purchaser must have delivered each of the documents required to be performed or complied with delivered by them on or before such Closingit pursuant to this Agreement.

Appears in 6 contracts

Samples: Asset Acquisition Agreement (Medical Care Technologies Inc.), Interferon Asset Acquisition Agreement (A5 Laboratories Inc.), Cro Asset Acquisition Agreement (A5 Laboratories Inc.)

Performance. The Purchasers shall have performed performed, satisfied and complied in all material respects with all covenants, agreements, obligations agreements and conditions contained in required by this Agreement that are required to be performed performed, satisfied or complied with by them on the Purchasers at or before such prior to the Closing.

Appears in 6 contracts

Samples: Stock Purchase Agreement (PSM Holdings Inc), Stock Purchase Agreement (PSM Holdings Inc), Stock Purchase Agreement (PSM Holdings Inc)

Performance. The Purchasers Such Purchaser 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 them it on or before such the Closing.

Appears in 5 contracts

Samples: Series E Preferred Share Purchase Agreement (TuSimple Holdings Inc.), Preferred Share Purchase Agreement (TuSimple Holdings Inc.), Stock Purchase Agreement

Performance. The Purchasers Purchaser 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 them the Purchaser on or before such Closingthe Closing Date.

Appears in 4 contracts

Samples: Stock Purchase Agreement (PW Partners Atlas Fund III, LP), Stock Purchase Agreement (PW Partners Atlas Fund III, LP), Call Option Agreement (PW Partners Atlas Fund III, LP)

Performance. The Purchasers 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 them on or before such the Closing.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Vcampus Corp), Securities Purchase Agreement (Vcampus Corp), Securities Purchase Agreement (Vcampus Corp)

Performance. The Purchasers shall have performed and complied in all material respects with all covenants, agreements, obligations covenants and conditions contained in this Agreement that are herein required to be performed or complied with by them prior to or on or before such Closingthe Closing Date.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Welsh Carson Anderson Stowe Viii Lp), Securities Purchase Agreement (Savvis Communications Corp), Securities Purchase Agreement (Savvis Communications Corp)

Performance. The Purchasers 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 them it on or before such the Closing.

Appears in 4 contracts

Samples: Purchase Agreement (Therma Wave Inc), Purchase Agreement (Therma Wave Inc), Purchase Agreement (Therma Wave Inc)

Performance. The Each of the Purchasers 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 them on or before such the Closing.

Appears in 4 contracts

Samples: Insider Warrant Purchase Agreement (Apex Bioventures Acquisition Corp), Founder Warrant Purchase Agreement (Brand & Services Acquisition Corp.), Insider Warrant Purchase Agreement (Builder Acquisition Corp)

Performance. The Purchasers shall Each of the covenants and obligations that the Purchaser is required to perform or to comply with pursuant to this Agreement at or prior to the Closing must have been duly performed and complied with in all covenantsmaterial respects, agreements, obligations and conditions contained in this Agreement that are the Purchaser must have executed and delivered each of the documents required to be performed or complied with delivered by them on or before such Closingit hereunder.

Appears in 4 contracts

Samples: Asset Transfer Agreement (Genius Group LTD), Asset Transfer Agreement, Asset Transfer Agreement (Longtop Financial Technologies LTD)

Performance. The Purchasers Each Purchaser 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 them on such Purchaser at or before such the Closing.

Appears in 3 contracts

Samples: Investment Agreement (Lund International Holdings Inc), Subscription Agreement (Vertex Industries Inc), Subscription Agreement (Midmark Capital Lp)

Performance. The Purchasers Purchaser 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 them the Purchaser on or before such the Closing.

Appears in 3 contracts

Samples: Share Purchase Agreement (Wowo LTD), Series a Preferred Stock Purchase Agreement (ScripsAmerica, Inc.), Series a Preferred Stock Purchase Agreement (ScripsAmerica, Inc.)

Performance. The Purchasers Each Purchaser 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 them it on or before such the Closing.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (IMARA Inc.), Share Subscription Agreement (MINISO Group Holding LTD), Stock Purchase Agreement (TESARO, Inc.)

Performance. The Purchasers Purchaser 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 them on or before such the Closing and shall have delivered the Transaction Documents as of each Closing.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Learn SPAC HoldCo, Inc.), Preferred Unit Purchase Agreement (Learn SPAC HoldCo, Inc.), Class B Preferred Unit Purchase Agreement (Learn SPAC HoldCo, Inc.)

Performance. The Purchasers Purchaser 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 them it on or before such the Closing.

Appears in 3 contracts

Samples: Convertible Debenture Purchase Agreement, Convertible Debenture Purchase Agreement, Convertible Debenture Purchase Agreement

Performance. The Purchasers Purchaser 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 them such Purchaser on or before such the Closing.

Appears in 3 contracts

Samples: Preferred Share Purchase Agreement, Series C2 Preferred Share Purchase Agreement (Qutoutiao Inc.), Series C1 Preferred Share Purchase Agreement (Qutoutiao Inc.)

Performance. The Purchasers Purchaser 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 them it on or before such the Closing.

Appears in 3 contracts

Samples: Stock Sale and Purchase Agreement (Sorrento Therapeutics, Inc.), Securities Purchase Agreement (Lightning Gaming, Inc.), Asset Purchase Agreement (Ose Usa Inc)

Performance. The Purchasers shall have performed and complied with all covenants, agreements, obligations and conditions agreements contained in this Agreement that are required to be performed or and complied with by them on it prior to or before such at the Closing.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Imcor Pharmaceutical Co), Securities Purchase Agreement (Imcor Pharmaceutical Co), Registration Rights Agreement (Photogen Technologies Inc)

Performance. The Purchasers 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 them on or before such ClosingClosing Date.

Appears in 3 contracts

Samples: Investors Rights Agreement (ECMOHO LTD), Investors Rights Agreement (ECMOHO LTD), Preferred Share Purchase Agreement (ECMOHO LTD)

Performance. The Purchasers Purchaser shall have performed all obligations, 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 them on it in all material respects at or before such prior to the Closing.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Carbon Natural Gas Co), Purchase and Sale Agreement (Carbon Energy Corp), Escrow Agreement (Ivanhoe Energy Inc)

Performance. The Purchasers Purchaser 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 them the Purchaser on or before such Closingthe Closing Date.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Mvi Partners, LLC), Stock Purchase Agreement (Rock Castle Holdings, LLC), Stock Purchase Agreement (HealthWarehouse.com, Inc.)

Performance. The Purchasers Purchaser 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 them on or before such Closing.

Appears in 2 contracts

Samples: Securities Purchase Agreement (IntelliHome, Inc.), Securities Purchase Agreement (IntelliHome, Inc.)

Performance. The Purchasers shall have performed performed, satisfied and complied in all material respects with all covenants, agreements, obligations agreements and conditions contained in required by this Agreement that are required to be performed performed, satisfied or complied with by them on the Purchaser at or before such prior to the Closing., including, without limitation, delivering or causing the delivery of those items required to be delivered pursuant to Section 2.04; and

Appears in 2 contracts

Samples: Stock Purchase Agreement (Sandridge Energy Inc), Stock Purchase Agreement (Sandridge Energy Inc)

Performance. The Purchasers shall each 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 them on prior to or before such at the Closing.

Appears in 2 contracts

Samples: Waiver and Consent (Canargo Energy Corp), Note and Warrant Purchase Agreement (Canargo Energy Corp)

Performance. The Purchasers shall have performed and complied with all covenants, the agreements, covenants and obligations and conditions contained in required by this Agreement that are required to be so performed or complied with by them on at or before such the Closing.

Appears in 2 contracts

Samples: Brady Unit (Ormat Funding Corp.), Sale and Purchase Agreement (Ormat Funding Corp.)

Performance. The Purchasers 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 them on or before such Closing.,

Appears in 2 contracts

Samples: Series a Preferred Stock Purchase Agreement (Anterios Inc), Series a Preferred Stock Purchase Agreement (Anterios Inc)

Performance. The Purchasers Purchaser 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 them Purchaser on or before such Closing.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (ATAI Life Sciences B.V.), Common Stock Purchase Agreement (Medigus Ltd.)

Performance. The Purchasers Each Purchaser 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 them it on or before such the Closing.

Appears in 2 contracts

Samples: Secured Convertible Note Purchase Agreement (Nation Energy Inc), Preferred Share Purchase Agreement (Phoenix New Media LTD)

Performance. The Purchasers Purchaser shall have duly performed and or complied with ----------- all of the covenants, agreements, acts and obligations and conditions contained in this Agreement that are required to be performed or complied with by them the Purchaser hereunder on or before such Closingprior to the Closing Date.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Farm Journal Corp), Stock Purchase Agreement (Farm Journal Corp)

Performance. The Purchasers Purchaser 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 them on or before such Closing.

Appears in 2 contracts

Samples: Share Purchase Agreement (JMU LTD), Share Purchase Agreement (Xu Haohan)

Performance. The Purchasers 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 them on or before such the Initial Closing.

Appears in 2 contracts

Samples: Series a Preferred Stock Purchase Agreement (Immunome Inc.), Stock Purchase Agreement (TomoTherapy Inc)

Performance. The Purchasers Purchaser shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement and the Transaction Agreements that are required to be performed or complied with by them it on or before such Closingeach Subsequent Closing Date.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Millennium Cell Inc), Stock Purchase Agreement (Millennium Cell Inc)

Performance. The Purchasers Purchaser 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 them on it under this Agreement at or before such prior to the Second Closing.

Appears in 2 contracts

Samples: Stock Purchase Agreement (CohBar, Inc.), Agreement and Plan of Merger (CohBar, Inc.)

Performance. The Purchasers Purchaser 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 them it on or before such Closing.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Capstone Therapeutics Corp.), Preferred Stock Purchase Agreement

Performance. The Purchasers Purchaser 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 them on Purchaser at or before the Closing (except for such Closingagreements, covenants and obligations that are qualified by their terms by reference to "materiality" or "material adverse effect," which agreements, covenants and obligations as so qualified shall be performed and complied with in all respects).

Appears in 2 contracts

Samples: Purchase Agreement (GNC Corp), Purchase Agreement (Nbty Inc)

Performance. The Purchasers Purchaser 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 them on it under this Agreement at or before such prior to the Initial Closing.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (CohBar, Inc.), Stock Purchase Agreement (CohBar, Inc.)

Performance. The Purchasers Each Purchaser 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 them it on or before such Closing.

Appears in 2 contracts

Samples: Convertible Promissory Note Purchase Agreement, Convertible Promissory Note Purchase Agreement (Altimmune, Inc.)

Performance. The Purchasers Purchaser 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 them 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 Purchasers Purchaser 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 them on it in all material respects at or before such the Closing.

Appears in 2 contracts

Samples: Share Purchase Agreement (Warburg Pincus Private Equity X, L.P.), Share Purchase Agreement (China Biologic Products, Inc.)

Performance. The Purchasers Purchaser 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 them it on or before such Closing.

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement (Urban-Gro, Inc.), Stock Purchase Agreement (Assuranceamerica Corp)

Performance. The Purchasers Purchaser 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 them it on or before such the Closing.

Appears in 2 contracts

Samples: Stock Purchase Agreement (A123 Systems, Inc.), Stock Purchase Agreement (IHI Corp)

Performance. The Purchasers shall have performed and complied with all covenants, agreements, obligations and conditions agreements contained in this Agreement that are required to be performed or and complied with by them on prior to or before such at the Closing.

Appears in 2 contracts

Samples: Convertible Preferred Stock (Media 100 Inc), Convertible Preferred Stock Purchase Agreement (NeuroMetrix, Inc.)

Performance. The Purchasers 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 them the Purchasers on or before prior to the Closing shall have been performed or complied with in all material respects and at such Closingtime the Purchasers shall not be in default in the performance of or compliance with any of the provisions of this Agreement.

Appears in 2 contracts

Samples: Preferred Stock Purchase and Option Agreement (Imc Mortgage Co), Preferred Stock Purchase and Option Agreement (Travelers Group Inc)

Performance. The Purchasers 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 them 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)

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Performance. The Purchasers Purchaser 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 them 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 Purchasers Purchaser 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 them 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 Purchasers Purchaser 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 them the Purchaser on or before such Closing.

Appears in 2 contracts

Samples: Share Purchase Agreement (Acro Inc.), Share Purchase Agreement (Acro Inc.)

Performance. The Purchasers shall each 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 them on prior to or before such at the Closing.

Appears in 2 contracts

Samples: Note Purchase Agreement (Canargo Energy Corp), Security Interest Agreement (Canargo Energy Corp)

Performance. The Purchasers shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement and the Escrow Agreement that are required to be performed or complied with by them on or before such Closingthe Closing and the Purchasers shall have obtained any and all consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by the Agreement and the Escrow Agreement.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Nu Skin Enterprises Inc), Stock Purchase Agreement (Nu Skin Enterprises Inc)

Performance. The Purchasers shall have performed and complied with with, in all covenantsmaterial respects, all agreements, conditions, covenants and obligations and conditions contained in required by this Agreement that are required to be performed or complied with by them the Purchasers on or before such Closingprior to the Closing Date.

Appears in 2 contracts

Samples: Stock Purchase Agreement (OCM Principal Opportunities Fund IV, LP), Stock Purchase Agreement (OCM Principal Opportunities Fund IV, LP)

Performance. The Purchasers Purchaser 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 them such Purchaser on or before such Closing.

Appears in 2 contracts

Samples: Securities Purchase Agreement (MDNA Life Sciences, Inc.), Securities Purchase Agreement (MDNA Life Sciences, Inc.)

Performance. The Purchasers shall have performed and complied in all material respects with all covenants, agreements, obligations agreements and conditions contained in this Agreement that are herein required to be performed by or complied with by them on or before such prior to the Closing.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Ubs Capital Americas Iii Lp), Purchase Agreement (Ubs Capital Americas Iii Lp)

Performance. The Purchasers shall have performed and complied with all covenants, agreements, obligations agreements and conditions contained in this Agreement that are required to be performed or complied with by them on prior to or before such at the Closing.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Epix Medical Inc), Purchase Agreement (Epix Medical Inc)

Performance. The Purchasers Purchaser 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 them it 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 Purchasers 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 them 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 Purchasers Purchaser shall have performed and complied in all material respects with all each of the covenants, agreements, agreements and obligations and conditions contained in Purchaser is required to perform or comply with under this Agreement that are required to be performed or complied with by them on or before such the Closing.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Alphatec Holdings, Inc.), Purchase Agreement (Ligand Pharmaceuticals Inc)

Performance. The Purchasers 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 them on or before such Closing.

Appears in 2 contracts

Samples: Series a Preferred Stock Purchase Agreement (IntelliHome, Inc.), Series a Preferred Stock Purchase Agreement (IntelliHome, Inc.)

Performance. The Purchasers 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 them on or before such First Closing.

Appears in 2 contracts

Samples: Convertible Preferred Stock Purchase Agreement, Series B Convertible Preferred Stock Purchase Agreement (Poniard Pharmaceuticals, Inc.)

Performance. The Purchasers shall have performed and complied with all With respect to agreements, covenants, agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by them on Purchaser at or before prior to the Closing, Purchaser shall have performed in the aggregate, in all material respects, such Closingagreements, covenants, obligations and conditions.

Appears in 2 contracts

Samples: Restructuring Agreement (Aquis Communications Group Inc), Restructuring Agreement (Finova Capital Corp)

Performance. The Purchasers 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 them on or before such Second Closing.

Appears in 2 contracts

Samples: Convertible Preferred Stock Purchase Agreement, Series B Convertible Preferred Stock Purchase Agreement (Poniard Pharmaceuticals, Inc.)

Performance. The Purchasers Each of Purchaser and the Partnership shall have performed in all material respects all obligations, 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 them on it at or before such prior to the Closing.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (QR Energy, LP)

Performance. The Purchasers 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 them 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 Purchasers 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 or complied with by them on at or before such prior to the Closing, and will have obtained all consents and approvals required to be obtained by the Purchasers for 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 Purchasers shall have performed and complied with all All of Purchaser’s covenants, agreements, agreements and obligations and conditions contained in this Agreement that are required to be performed or complied with by them on pursuant to this Agreement at or before such Closingprior to the Closing must have been duly performed and complied with in all material respects.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Bricktown Brewery Restaurants LLC)

Performance. The Purchasers 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 them it on or before such Subsequent Closing.

Appears in 1 contract

Samples: Purchase Agreement (Analex Corp)

Performance. The Purchasers Each Purchaser 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 them such Purchaser on or before such Closingthe Closing Date, and the Offerors shall have received a certificate of the Purchasers to that effect.

Appears in 1 contract

Samples: Purchase Agreement (Virginia Commerce Bancorp Inc)

Performance. The Purchasers Purchaser 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 them it on or before such Closingprior to the Closing Date.

Appears in 1 contract

Samples: Securities Purchase Agreement (Idera Pharmaceuticals, Inc.)

Performance. The Purchasers shall have performed and complied in all ----------- material respects with all covenants, of the agreements, obligations covenants and conditions contained in this the Agreement that are required to be performed or complied with by them on at or before prior to such Closing, and the Company shall have received a certificate dated as of such Closing and signed on behalf of the Purchasers to that effect.

Appears in 1 contract

Samples: Share Purchase Agreement (Mind Cti LTD)

Performance. The Purchasers shall have performed and complied in ----------- all respects with all covenants, of the agreements, covenants and obligations and conditions contained in required under this Agreement that are required to be performed or complied with by them on or before such Closingprior to the Closing Date.

Appears in 1 contract

Samples: Stock Purchase Agreement (Mace Security International Inc)

Performance. The Purchasers Purchaser shall have performed and complied with all covenants, the agreements, covenants and obligations and conditions contained in required by this Agreement that are required to be so performed or complied with by them on at or before such the Closing.

Appears in 1 contract

Samples: Sale and Purchase Agreement (Ormat Technologies, Inc.)

Performance. The Purchasers Each Purchaser 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 them on or before such Closing.

Appears in 1 contract

Samples: Securities Purchase Agreement (SONDORS Inc.)

Performance. The Purchasers Each Purchaser 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 them on or before such the Closing and shall have delivered the Transaction Agreements as of each the Closing.

Appears in 1 contract

Samples: Series 2 Unit Purchase Agreement (Learn SPAC HoldCo, Inc.)

Performance. The Purchasers shall Each Purchaser will 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 them it on or before such Closingthe Closing Date.

Appears in 1 contract

Samples: Convertible Note and Warrant Sale Agreement (Global Employment Holdings, Inc.)

Performance. The Purchasers 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 them on or before such Closing.

Appears in 1 contract

Samples: Series Seed Preferred Stock Purchase Agreement (Digital Brands Group, Inc.)

Performance. The Purchasers 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 them the Purchasers on or before such the Closing.

Appears in 1 contract

Samples: Series a Preferred Stock Purchase Agreement (Eastman Kodak Co)

Performance. The Purchasers shall have performed and complied in all material respects with all each of the covenants, agreements, agreements and obligations and conditions contained in this Agreement that Purchasers are required to be performed or complied with by them perform under this Agreement on or before such the Closing.

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement (Pernix Therapeutics Holdings, Inc.)

Performance. The Purchasers Purchaser shall have performed and or complied with all covenantseach covenant, agreements, obligations agreement and conditions contained condition set out in this Agreement that are required it is to be performed perform or complied comply with by them on or before such Closingthe Closing Date.

Appears in 1 contract

Samples: Stock Promissory Sale and Purchase Agreement (Libbey Inc)

Performance. The Purchasers Purchaser 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 them the Purchaser on or before such the Initial Closing.

Appears in 1 contract

Samples: Series B Preferred Stock and Warrant Purchase Agreement (Players Network)

Performance. The Purchasers Each Purchaser 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 them on such Purchasers at or before such the Closing.

Appears in 1 contract

Samples: Share Subscription Agreement (Ruipeng Pet Group Inc.)

Performance. The Purchasers Purchaser shall have performed and complied with all covenants, agreements, obligations and conditions contained in this Agreement and the Stockholders’ Agreement that are required to be performed or complied with by them on or before such Initial Closing or such Subsequent Closing, as applicable.

Appears in 1 contract

Samples: Securities Purchase Agreement (Biohaven Pharmaceutical Holding Co Ltd.)

Performance. The Purchasers Purchaser 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 them such Purchaser on or before such the Closing.

Appears in 1 contract

Samples: Securities Purchase Agreement (WESTMOUNTAIN Co)

Performance. The Purchasers 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 them prior to or on or before such Closingthe Closing Date.

Appears in 1 contract

Samples: Securities Purchase Agreement (Select Medical Corp)

Performance. The Purchasers 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 them on or before such Closing.Closing.‌

Appears in 1 contract

Samples: Series a Preferred Stock Purchase Agreement

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