Common use of Additional Conditions to Obligations of SolarMax Clause in Contracts

Additional Conditions to Obligations of SolarMax. The obligation of SolarMax to consummate the transactions contemplated by this Agreement is subject to the fulfillment or waiver by SolarMax, on or prior to the Closing Date, of each of the following conditions: (a) The representations and warranties set forth in Article III, Article IV and Article V shall be true and correct on and as of the Closing Date with the same force and effect as if made on such date (except to the extent such representations and warranties shall have been expressly made as of an earlier date, in which case such representations and warranties shall have been true and correct as of such earlier date); (b) The CZH Holders and the CZH Transferors shall have performed or complied in all material respects with all agreements and covenants required by this Agreement to be performed or complied with by them respectively on or prior to the Closing Date, and they shall have delivered a certificate to such effect to SolarMax; and (c) The CZH Holders shall have delivered the closing deliverables set forth Section 2.3(c).

Additional Conditions to Obligations of SolarMax. The obligation of SolarMax to consummate the transactions contemplated by this Agreement is subject to the fulfillment or waiver by SolarMax, on or prior to the Closing Date, of each of the following conditions: (a) The representations and warranties set forth in Article IIIIII , and Article IV and Article V shall be true and correct on and as of the Closing Date with the same force and effect as if made on such date (except to the extent such representations and warranties shall have been expressly made as of an earlier date, in which case such representations and warranties shall have been true and correct as of such earlier date); (b) The CZH JZH Holders and the CZH Transferors shall have performed or complied in all material respects with all agreements and covenants required by this Agreement to be performed or complied with by them respectively on or prior to the Closing Date, and they shall have delivered a certificate to such effect to SolarMax; and; (c) The CZH JZH Holders shall have executed the Pledge Agreement; and (d) The JZH Holders shall have delivered the closing deliverables set forth Section 2.3(c)2.3(b) .