Closing Conditions and Deliveries. 4.1 Conditions Precedent to the Obligation of the Purchaser to Close. The obligation of the Purchaser to consummate the Closing shall be subject to the satisfaction on or prior to the Closing of each of the following conditions:
Closing Conditions and Deliveries. (a) The obligations of the Company to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment, at or prior to the Closing, of each of the following conditions, any of which may be waived in writing by the Company in its sole discretion:
Closing Conditions and Deliveries a. The obligations of the Company to consummate the transactions contemplated hereunder are subject to the conditions that, at the Subscription Closing:
Closing Conditions and Deliveries. The obligations of Members to consummate the Purchase shall be subject to the fulfillment to Member's reasonable satisfaction on or before the Closing of the conditions set forth in Sections 5.1, 5.2, 5.3, 5.4, 5.6, 5.7, 5.8, 5.9, 5.10 and 5.11 below. The obligations of the Company to consummate the transactions contemplated herein shall be subject to the fulfillment to the Company's reasonable satisfaction on or before the Closing of the conditions set forth in Sections 5.5, 5.7, 5.9 and 5.12 below.
Closing Conditions and Deliveries. 7.1 Conditions to the Operating Partnership's Consummation of the ------------------------------------------------------------- Acquisition. The obligation of the Operating Partnership to consummate the ----------- Acquisition shall be subject to the satisfaction, on or prior to the Closing Date, of each of the following conditions, each of which may be waived by the Operating Partnership:
Closing Conditions and Deliveries. 22 4.1 Transactions to Occur Prior to Closing......................................................... 22 4.2 Authorization.................................................................................. 23 4.3 Approvals, Consents and Waivers................................................................ 23 4.4 Deliveries by the Company and the Stockholders to the Investors................................ 23 4.5 Closing Deliveries by the Investors to the Company............................................. 25 4.6 Closing Deliveries by the Stockholders to the Company.......................................... 25 4.7 All Proceedings Satisfactory................................................................... 25 4.8 No Litigation.................................................................................. 25 4.9 No Violation or Injunction..................................................................... 25 SECTION 5. SURVIVAL OF REPRESENTATIONS AND WARRANTIES; TRANSACTION RELATED INDEMNIFICATION................ 26 5.1 Survival of Representations, Warranties and Covenants.......................................... 26 5.2 Transaction Related Indemnification............................................................ 26 5.3 Limitations on Transaction Related Indemnification............................................. 27 5.4 Notice; Payment of Losses; Defense of Third-Party Claims....................................... 28 5.5 Limitation on Contribution and Certain Other Rights............................................ 29
Closing Conditions and Deliveries. The obligations of each Investor to purchase and pay for its pro rata portion of the Convertible Preferred Shares shall be subject to the fulfillment by the Company and the Stockholders to the Investors' reasonable satisfaction or waiver on or before the Closing of the following conditions:
Closing Conditions and Deliveries. The obligations of each Purchaser to purchase and pay for the Securities shall be subject to the fulfillment by the Company, to the Purchaser’s reasonable satisfaction, before the Closing of the following conditions, unless otherwise waived by the Purchaser:
Closing Conditions and Deliveries. The obligations of the Purchasers to purchase the Shares and of the Company to sell the Shares shall be subject to the following:
Closing Conditions and Deliveries. (a) The obligation hereunder of the Company to issue and sell the Notes to the Purchasers is subject to the satisfaction or waiver, at or before the applicable Closing, of each of the conditions set forth below. These conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion.
