Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Closing;
Appears in 98 contracts
Samples: Securities Purchase Agreement (Taoping Inc.), Securities Purchase Agreement (Taoping Inc.), Securities Purchase Agreement (Taoping Inc.)
Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;.
Appears in 58 contracts
Samples: Note Purchase Agreement, Securities Purchase Agreement (Enlivex Therapeutics Ltd.), Note Purchase Agreement (Pacific Ethanol, Inc.)
Performance. Each The Company and each other Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor it at or prior to the Closing;.
Appears in 46 contracts
Samples: Note Purchase Agreement, Note Purchase Agreement (Pacific Ethanol, Inc.), Security Agreement (Pacific Ethanol, Inc.)
Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such the Investor at or prior to the Closing;; and
Appears in 30 contracts
Samples: Securities Purchase Agreement (Know Labs, Inc.), Securities Purchase Agreement (Abvc Biopharma, Inc.), Securities Purchase Agreement (Castellum, Inc.)
Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such the Investor at or prior to the Closing;
Appears in 15 contracts
Samples: Securities Purchase Agreement (E-Home Household Service Holdings LTD), Securities Purchase Agreement (E-Home Household Service Holdings LTD), Investment Agreement (Iridex Corp)
Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Closing;
Appears in 13 contracts
Samples: Securities Purchase Agreement (Taoping Inc.), Securities Purchase Agreement (Qhy Group), Securities Purchase Agreement (Qhy Group)
Performance. Each Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by such each Investor at on or prior to before the Closing;.
Appears in 11 contracts
Samples: Series F Preferred Share Purchase Agreement (Missfresh LTD), Series F Preferred Shares Purchase Agreement (Missfresh LTD), Series E Preferred Share Purchase Agreement (Missfresh LTD)
Performance. Each Such Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements agreements, obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at it on or prior to before the Closing;.
Appears in 8 contracts
Samples: Option and Series (LinkDoc Technology LTD), Series C+ Preferred Share Purchase Agreement (Burning Rock Biotech LTD), Series C Preferred Share Purchase Agreement (Burning Rock Biotech LTD)
Performance. Each Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements agreements, obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at on or prior to before the Closing;.
Appears in 8 contracts
Samples: Series C Warrant and Preferred Share Purchase Agreement (Li Auto Inc.), Series D Preferred Share Purchase Agreement (Momo Inc.), Share Purchase Agreement (Momo Inc.)
Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such the Investor at or prior to the Closing;.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Wisa Technologies, Inc.), Securities Purchase Agreement (AERWINS Technologies Inc.), Memberhsip Unit Purchase Agreement (Tauriga Sciences, Inc.)
Performance. Each Such Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at on or prior to before the Closing;.
Appears in 6 contracts
Samples: Series a Preferred Share Purchase and Note Conversion Agreement (Belite Bio, Inc), Series a Preferred Share Purchase and Note Conversion Agreement (Belite Bio, Inc), Share Purchase Agreement (LAIX Inc.)
Performance. Each The Investor shall have performedperformed and complied, satisfied and complied in all material respects respects, with all covenants, agreements and conditions contained in the Agreement required by the Transaction Documents to be performed, satisfied performed or complied with by such the Investor at or prior to or at the Closing;.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Grover Vikram P), Securities Purchase Agreement (2050 Motors, Inc.), Securities Purchase Agreement (Grover Vikram P)
Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement and the other Transaction Documents to be performed, satisfied or complied with by such the Investor at or prior to the Closing;.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Energous Corp), Securities Purchase Agreement (Dialog Semiconductor PLC), Securities Purchase Agreement (Dialog Semiconductor PLC)
Performance. Each The Investor shall have performed, satisfied performed and complied with all agreements, covenants, obligations and conditions contained in this Agreement in all material respects with all covenants, agreements and conditions that are required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at it on or prior to before the Closing;.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Hyperion Partners Ii Lp), Stock Purchase Agreement (Hyperion Partners Ii Lp), 1 Stock Purchase Agreement (Transworld Home Healthcare Inc)
Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by such the Investor at or prior to the Closing;Closing Date.
Appears in 5 contracts
Samples: Warrant Acquisition Agreement (FreightCar America, Inc.), Warrant Acquisition Agreement (Pacific Investment Management Co LLC), Warrant Acquisition Agreement (FreightCar America, Inc.)
Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the such Closing;.
Appears in 5 contracts
Samples: Unit Purchase Agreement (Marizyme, Inc.), Unit Purchase Agreement (Marizyme, Inc.), Unit Purchase Agreement (Marizyme, Inc.)
Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by such the Investor at or prior to the Closing;
Appears in 5 contracts
Samples: Securities Purchase Agreement (Accelerate Diagnostics, Inc), Common Stock Purchase Agreement (Bear Lake Recreation Inc), Subscription Agreement (LIFE Power & Fuels LLC)
Performance. Each The Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements agreements, obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at it on or prior to before the Closing;.
Appears in 5 contracts
Samples: Subscription Agreement (LinkDoc Technology LTD), Purchase Agreement (Epizyme, Inc.), Second Series B Preferred Share Purchase Agreement (Burning Rock Biotech LTD)
Performance. Each The Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements agreements, obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by them on or before such Investor at or prior to the Closing;.
Appears in 5 contracts
Samples: Preferred Stock Purchase Agreement (Calithera Biosciences, Inc.), Common Stock Purchase Agreement, Common Stock Purchase Agreement (Denali Therapeutics Inc.)
Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the such Closing;
Appears in 5 contracts
Samples: Securities Purchase Agreement (Uroplasty Inc), Securities Purchase Agreement (Uroplasty Inc), Registration Rights Agreement (Granite Partners, L.L.C.)
Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Photomedex Inc), Securities Purchase Agreement (Cereplast Inc), Securities Purchase Agreement (Pioneer Power Solutions, Inc.)
Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by such the Investor at or prior to the Closing;.
Appears in 5 contracts
Samples: Securities Purchase Agreement (EnviroStar, Inc.), Securities Purchase Agreement (Alseres Pharmaceuticals Inc /De), Stock Purchase Agreement (Drugstore Com Inc)
Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Closing;; and
Appears in 4 contracts
Samples: Note Purchase Agreement (Energy Focus, Inc/De), Securities Purchase Agreement (Celgene Corp /De/), Securities Purchase Agreement (Alliqua, Inc.)
Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Closing;.
Appears in 4 contracts
Samples: Private Placement Agreement, Stock Purchase Agreement (Kingsway Financial Services Inc), Stock Purchase Agreement (Kingsway Financial Services Inc)
Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such the Investor at or prior to the applicable Closing;; and
Appears in 4 contracts
Samples: Securities Purchase Agreement (Gse Systems Inc), Securities Purchase Agreement (Hub Cyber Security Ltd.), Securities Purchase Agreement (G Medical Innovations Holdings Ltd.)
Performance. Each The Company and each other Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor it at or prior to the Closing;.
Appears in 4 contracts
Samples: Investors’ Rights Agreement (Cortendo AB), Investors’ Rights Agreement (Cortendo AB), Investors’ Rights Agreement (Cortendo AB)
Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;; and
Appears in 4 contracts
Samples: Securities Purchase Agreement (Iomai Corp), Securities Purchase Agreement (Pacific Ethanol, Inc.), Securities Purchase Agreement (Pacific Ethanol, Inc.)
Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;.
Appears in 4 contracts
Samples: Investors’ Rights Agreement (Cortendo AB), Investors’ Rights Agreement (Cortendo AB), Investors’ Rights Agreement (Cortendo AB)
Performance. Each The Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at or prior to the Closing;.
Appears in 4 contracts
Samples: Preferred Share Subscription Agreement, Preferred Share Subscription Agreement (YY Inc.), Preferred Share Subscription Agreement (HUYA Inc.)
Performance. Each Investor shall have performed, satisfied and complied performed in all material respects with all covenants, agreements obligations and conditions covenants herein required by the Transaction Documents to be performed, satisfied or complied with performed by such Investor it at or prior to the Closing;.
Appears in 4 contracts
Samples: Exchange Agreement (Structure Therapeutics Inc.), Exchange Agreement (Rain Therapeutics Inc.), Exchange Agreement (Rain Therapeutics Inc.)
Performance. Each The Investor shall have performed, satisfied satisfied, and complied in all material respects with all covenants, agreements agreements, and conditions required by the Transaction Documents to be performed, satisfied satisfied, or complied with by such the Investor at or prior to the Closing;
Appears in 3 contracts
Samples: Securities Purchase Agreement (Good Times Restaurants Inc), Securities Purchase Agreement (Magellan Petroleum Corp /De/), Securities Purchase Agreement (Good Times Restaurants Inc)
Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such each Investor at or prior to the Closing;
Appears in 3 contracts
Samples: Securities Purchase Agreement (Dor Biopharma Inc), Securities Purchase Agreement (Dor Biopharma Inc), Securities Purchase Agreement (Dor Biopharma Inc)
Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor them at or prior to the First Closing;.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Fennec Pharmaceuticals Inc.), Securities Purchase Agreement (Fennec Pharmaceuticals Inc.), Securities Purchase Agreement (Mri Interventions, Inc.)
Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the such Closing;; and
Appears in 3 contracts
Samples: Securities Purchase Agreement (Northann Corp.), Unit Purchase Agreement (Marizyme Inc), Unit Purchase Agreement (Marizyme Inc)
Performance. Each The Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements agreements, obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at them on or prior to before the Closing;.
Appears in 3 contracts
Samples: Note Purchase Agreement (Opgen Inc), Note Purchase Agreement (Opgen Inc), Common Stock and Note Purchase Agreement (Opgen Inc)
Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor it at or prior to the such Closing;; and
Appears in 3 contracts
Samples: Securities Purchase Agreement (Catcha Investment Corp), Securities Purchase Agreement (OneMedNet Corp), Securities Purchase Agreement (OneMedNet Corp)
Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Closing;, including delivery of the items set forth in Section 2.3(b).
Appears in 3 contracts
Samples: Securities Purchase Agreement (Akorn Inc), Securities Purchase Agreement (Akorn Inc), Securities Purchase Agreement (Akorn Inc)
Performance. Each The Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by such the Investor at on or prior to before the Closing;.
Appears in 3 contracts
Samples: Series F Preferred Shares Purchase Agreement (Missfresh LTD), Series F Preferred Shares Purchase Agreement (Missfresh LTD), Preferred Shares Purchase Agreement (Genetron Holdings LTD)
Performance. Each Such Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such the Investor at or prior to the Closing;; and
Appears in 3 contracts
Samples: Securities Purchase Agreement (Phoenix Motor Inc.), Securities Purchase Agreement (Freight Technologies, Inc.), Securities Purchase Agreement (Indonesia Energy Corp LTD)
Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the each Closing;.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Alseres Pharmaceuticals Inc /De), Securities Purchase Agreement (Alseres Pharmaceuticals Inc /De), Securities Purchase Agreement (Alseres Pharmaceuticals Inc /De)
Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the applicable Closing;, including, only with respect to the Subsequent Closing, the satisfaction of the covenant under Section 4.3(b) above.
Appears in 2 contracts
Samples: Share Purchase Agreement (Ivy Jerry Lafe JR), Share Purchase Agreement (On Track Innovations LTD)
Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;
Appears in 2 contracts
Samples: Securities Purchase Agreement (Ecotality, Inc.), Credit Agreement (Pacific Ethanol, Inc.)
Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such the Investor at or prior to the Closing;Closing; and
Appears in 2 contracts
Samples: Securities Purchase Agreement (REE Automotive Ltd.), Securities Purchase Agreement (REE Automotive Ltd.)
Performance. Each The Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements agreements, obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by such the Investor at on or prior to before the Closing;.
Appears in 2 contracts
Samples: Convertible Note Purchase Agreement (Marrone Bio Innovations Inc), Convertible Note Purchase Agreement (Marrone Bio Innovations Inc)
Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by such Investor at or prior to the Closing;.
Appears in 2 contracts
Samples: Securities Purchase Agreement (KL Energy Corp), Securities Purchase Agreement (KL Energy Corp)
Performance. Each Investor shall have performed, satisfied performed and complied in all material respects with all covenantsagreements, agreements covenants and conditions contained herein required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at or it prior to or on the Closing;Closing Date.
Appears in 2 contracts
Samples: Recapitalization Agreement (Moneygram International Inc), Recapitalization Agreement (Lee Thomas H Advisors LLC)
Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such the Investor at or prior to the Initial Closing;
Appears in 2 contracts
Samples: Note Purchase Agreement (World Heart Corp), Note Purchase Agreement (Abiomed Inc)
Performance. Each Such Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements agreements, obligations and conditions required by contained in the Transaction Documents Agreements that are required to be performed, satisfied performed or complied with by such Investor at it on or prior to before the Closing;.
Appears in 2 contracts
Samples: Warrant Subscription Agreement (XCHG LTD), Warrant Subscription Agreement (XCHG LTD)
Performance. Each Investor The Investors shall have performed, satisfied and or complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (RHO Ventures VI LP), Note and Warrant Purchase Agreement (Bluefly Inc)
Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by such Investor at or prior to the Closing;
Appears in 2 contracts
Samples: Securities Purchase Agreement (Integrity Capital Income Fund, Inc.), Share Purchase Agreement (Montana Mining Corp)
Performance. Each The Company and each other Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor it at or prior to the First Closing;.
Appears in 2 contracts
Samples: Securities Purchase Agreement (BTHC VI Inc), Securities Purchase Agreement (Via Pharmaceuticals, Inc.)
Performance. Each Investor Investee shall have performed, satisfied performed and complied in all material respects with all covenants, agreements undertakings, agreements, obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor it at or prior to before the Closing;.
Appears in 2 contracts
Samples: Share Charge (Yucheng Technologies LTD), Notes Subscription Agreement (Yucheng Technologies LTD)
Performance. Each The Company and each other Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor it at or prior to the Closing;Closing Date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Photomedex Inc), Securities Purchase Agreement (FUND.COM Inc.)
Performance. Each Investor shall have performed, ----------- satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Closing;
Appears in 2 contracts
Samples: Securities Purchase Agreement (Zoltek Companies Inc), Securities Purchase Agreement (Zoltek Companies Inc)
Performance. Each Investor shall have performed, satisfied and complied performed in all material respects all of its obligations and shall have materially complied with each and all covenants, agreements and conditions of its covenants required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at it on or prior to before the Closing;Closing Date, including without limitation the execution and delivery of the agreements and undertakings provided for in this Agreement.
Appears in 2 contracts
Samples: Investors' Subscription Agreement (Lee Thomas H Equity Fund Iii L P), Fsi Merger (Donaldson Lufkin & Jenrette Inc /Ny/)
Performance. Each The Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements obligations and conditions required by contained in the Transaction Documents that are required to be performed, satisfied performed or complied with by such Investor at it/him on or prior to before the Closing;.
Appears in 2 contracts
Samples: Share Purchase Agreement (Adagene Inc.), Share Purchase Agreement (Adagene Inc.)
Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Second Closing;
Appears in 2 contracts
Samples: Securities Purchase Agreement (Marlborough Software Development Holdings Inc.), Securities Purchase Agreement (Irish Mag, Inc.)
Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such each Investor at or prior to the Closing;; and
Appears in 2 contracts
Samples: Securities Purchase Agreement (Soligenix, Inc.), Securities Purchase Agreement (Dor Biopharma Inc)
Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the ClosingClosing Date;
Appears in 2 contracts
Samples: Note Purchase Agreement (Organic to Go Food CORP), Note Purchase Agreement (Organic to Go Food CORP)
Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;. (c)
Appears in 2 contracts
Samples: Securities Purchase and Registration Rights Agreement, Version Share Purchase Agreement (Perceptive Advisors LLC)
Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Closing;
Appears in 2 contracts
Samples: Securities Purchase Agreement (Think Partnership Inc), Securities Purchase Agreement (Magnetar Capital Partners LP)
Performance. Each The Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements undertakings, agreements, obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor it at or prior to before the Closing;.
Appears in 2 contracts
Samples: Convertible Promissory Note Purchase Agreement (500.com LTD), Convertible Promissory Note Purchase Agreement (500.com LTD)
Performance. Each Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements obligations and conditions required by contained in the Transaction Documents that are required to be performed, satisfied performed or complied with by such Investor at it/him on or prior to before the Closing;.
Appears in 2 contracts
Samples: Share Purchase Agreement (Adagene Inc.), Share Purchase Agreement (Adagene Inc.)
Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor then at or prior to the Closing;
Appears in 2 contracts
Samples: Securities Purchase Agreement (Commerce Planet), Securities Purchase Agreement (Commerce Planet)
Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents Agreement to be performed, satisfied or complied with by such the Investor at or prior to the Closing;; and
Appears in 1 contract
Performance. Each Such Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by Such Investor on or before the such Investor at or prior to the Closing;.
Appears in 1 contract
Samples: Series a Preferred Share Subscription Agreement (YY Inc.)
Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with with, all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor them at or prior to the Closing;.
Appears in 1 contract
Samples: Registration Rights Agreement (Bakers Footwear Group Inc)
Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Closing;
Appears in 1 contract
Samples: Securities Purchase Agreement (Integrated Healthcare Holdings Inc)
Performance. Each Investor shall have performed, satisfied performed and complied in all material respects with all covenants, covenants and agreements and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at it on or prior to before the First Closing;.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (I2 Technologies Inc)
Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by such Investor it at or prior to the Closing;such closing.
Appears in 1 contract
Samples: Investment Agreement (FX Real Estate & Entertainment Inc.)
Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the Initial Closing;.
Appears in 1 contract
Samples: Securities Purchase Agreement (MAKO Surgical Corp.)
Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the such Closing;
Appears in 1 contract
Samples: Securities Purchase Agreement (Flexible Solutions International Inc)
Performance. Each Such Investor shall have performed, satisfied performed and complied in all material respects with all covenants, agreements agreements, obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at it on or prior to before the Closing;.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Cohesion Technologies Inc)
Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Closing;
Appears in 1 contract
Performance. Each The Company and each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor it at or prior to the Closing;
Appears in 1 contract
Samples: Securities Purchase Agreement (Communication Intelligence Corp)
Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the First Closing;
Appears in 1 contract
Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor it at or prior to the Closing;.
Appears in 1 contract
Samples: Debenture and Stock Purchase Agreement (Bakers Footwear Group Inc)
Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;.
Appears in 1 contract
Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such the Investor at or prior to the Closing;, other than with respect to covenants, agreements and conditions of the Investors which are qualified by materiality or by Material Adverse Effect, which shall be complied with in all respects.
Appears in 1 contract
Samples: Securities Purchase Agreement (Threshold Pharmaceuticals Inc)
Performance. Each Investor of the Investors shall have performed, satisfied performed and complied with in all material respects with all covenants, agreements obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at the Investors on or prior to the before Closing;.
Appears in 1 contract
Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the that respective Closing;.
Appears in 1 contract
Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Thomas Properties Group Inc)
Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents this Agreement to be performed, satisfied or complied with by such Investor at or prior to the Closing;
Appears in 1 contract
Samples: Securities Purchase Agreement (Accelerate Diagnostics, Inc)
Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the First Closing;.
Appears in 1 contract
Samples: Securities Purchase Agreement (Via Pharmaceuticals, Inc.)
Performance. Each Investor shall have performedperformed and complied, satisfied and complied in all material respects respects, with all covenantsagreements, agreements obligations and conditions contained in this Agreement that are required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at it on or prior to before the Closing;.
Appears in 1 contract
Performance. Each The Investor shall have performed, satisfied satisfied, and complied in all material respects with all covenants, agreements agreements, and conditions required by the Transaction Documents to be performed, satisfied satisfied, or complied with by such the Investor at or prior to the such Closing;
Appears in 1 contract
Samples: Securities Purchase Agreement (Magellan Petroleum Corp /De/)
Performance. Each The Company and each other Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor it at or prior to the Initial Closing;
Appears in 1 contract
Samples: Securities Purchase Agreement (MAKO Surgical Corp.)
Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor it at or prior to the Closing;.
Appears in 1 contract
Samples: Securities Purchase Agreement (FC Global Realty Inc)
Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;, other than with respect to covenants, agreements and conditions of the Investors which are qualified by materiality or by Material Adverse Effect, which shall be complied with in all respects.
Appears in 1 contract
Samples: Securities Purchase Agreement (Threshold Pharmaceuticals Inc)
Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such the Investor at or prior to the Closing;, other than with respect to covenants, agreements and conditions of the Investors which are qualified by materiality or by Material Adverse Effect, which shall be complied with in all respects. 39
Appears in 1 contract
Samples: Securities Purchase Agreement (Champions Oncology, Inc.)
Performance. Each The Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Closingsuch Closing Date;
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Organic to Go Food CORP)
Performance. Each Investor shall have performed, satisfied and complied in all material respects (except as to those covenants, agreements and conditions qualified by materiality) with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Closing;.
Appears in 1 contract
Samples: Securities Purchase and Registration Rights Agreement (Communication Intelligence Corp)
Performance. Each Investor at the Closing shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the such Closing;
Appears in 1 contract
Performance. Each Investor shall have performedperformed and complied, satisfied and complied in all material respects respects, with all covenants, agreements and conditions contained herein required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at or Investors prior to or at such Closing, including the delivery of the appropriate payment for the Series C Shares being purchased at such Closing;.
Appears in 1 contract
Performance. Each Investor shall have performed, satisfied and complied performed in all material ----------- respects all of its obligations and shall have materially complied with each and all covenants, agreements and conditions of its covenants required by the Transaction Documents to be performed, satisfied performed or complied with by such Investor at it on or prior to before the Closing;Closing Date, including without limitation the execution and delivery of the agreements and undertakings provided for in this Agreement.
Appears in 1 contract
Performance. Each Such Investor shall have performed, satisfied and complied in all material respects (except as to those EXHIBIT 10-43 covenants, agreements and conditions qualified bymateriality) with all the covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Closing;
Appears in 1 contract
Samples: Securities Purchase Agreement (Communication Intelligence Corp)
Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the First Closing;.
Appears in 1 contract
Performance. Each Investor The Investors, the Company and the other Participating Shareholder shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;.
Appears in 1 contract
Performance. Each Investor shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Additional Shares Closing;
Appears in 1 contract
Samples: Securities Purchase Agreement (Captech Financial Group, Inc)
Performance. Each Investor The Investors shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor the Investors at or prior to the Closing;Closing and the Lender shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by the Lender at or prior to the Closing under the Purchase Agreement; and
Appears in 1 contract
Samples: Warrant Acquisition Agreement (Energy Focus, Inc/De)
