Company Conditions to Closing. The obligations of each Company Entity hereunder are subject to the satisfaction of the conditions set forth below on or before the Closing:
Company Conditions to Closing. The Company's obligation to issue and sell the Securities at the Closing is subject to the satisfaction, on or before the Closing Date, of the following conditions:
Company Conditions to Closing. The obligation of the Company to consummate the transactions contemplated by this Agreement shall be subject to the satisfaction of the following conditions precedent, in form and substance satisfactory to the Company:
Company Conditions to Closing. The obligations of the Company hereunder in connection with each Closing are subject to the following conditions being satisfied or waived:
(i) the accuracy in all material respects as at Closing Date of the representations and warranties of the Purchaser contained herein (unless as of a specific date therein in which case they shall be accurate as of such date);
(ii) all obligations, covenants and agreements of the Purchaser required by this Agreement to be performed at or prior to the Closing Date shall have been performed; and
(iii) the delivery by the Purchaser of the Purchaser Closing Documents.
Company Conditions to Closing. The obligation of the Company to effect the Closing shall be subject to the satisfaction or waiver of the following conditions precedent:
Company Conditions to Closing. As a condition precedent to the Transaction Closing, all of the following (the “Company Conditions to Closing”) shall have been satisfied prior to or concurrently with the Company’s execution and delivery of this Agreement:
(i) the following documents shall have been delivered to the Investor: (A) this Agreement (including the Disclosure Schedules), executed by the Company; (B) a Secretary’s Certificate as to (x) the resolutions of the Company’s board of directors authorizing this Agreement and the Transaction Documents, and the transactions contemplated hereby and thereby, and (y) a copy of the Company’s Charter Documents, and (C) a copy of the Company’s press release announcing the transactions contemplated by this Agreement (all documents listed in this Section 2.2(b) are referred to herein as the “Closing Deliverables”);
(ii) other than for losses incurred in the ordinary course of business, there shall not have been any Material Adverse Effect on the Company since the date of the last SEC Report filed by the Company, including but not limited to incurring material liabilities; and
(iii) the representations and warranties of the Company in this Agreement shall be true and correct in all material respects.
Company Conditions to Closing. The obligations of the Company to be performed at the Closing shall be subject to (i) the satisfaction of the condition that the representations and warranties of the Purchaser set forth in Article IV shall be true and correct on and as of the Closing Date and (ii) the satisfaction of all of the conditions to closing set forth in Section 8 of the Underwriting Agreement, except for those set forth in Section 8(o) thereof.
Company Conditions to Closing. The obligation of the Company to consummate the Transaction is subject, at the option of the Company, to satisfaction or waiver of the following conditions (each of which is deemed to be material) at or before Closing:
(a) Each of the actions specified in Section 2.1 above shall have been taken.
(b) Except as contemplated by this Agreement, (i) the representations and warranties of JEDI contained herein shall be true and correct in all material respects as of the Closing Date, with the same force and effect as though made at such time, and (ii) JEDI shall have performed in all material respects all obligations required of it by the terms of this Agreement to have been performed as of the Closing Date.
(c) The Company shall have received from the general partner of JEDI a certificate in form and substance satisfactory to the Company to the effect that (i) all actions necessary to be taken by JEDI with respect to the Transaction have been authorized by its general partner and limited partner, (ii) the representations and warranties of JEDI contained herein are true and correct in all material respects as of the Closing Date, with the same force and effect as though made at such time, and (iii) JEDI has performed in all material respects all obligations required of it by the terms of this Agreement to have been performed as of the Closing Date.
(d) Anschutz shall have consented to the actions contemplated by Section 2.1(b) and delivered all documents necessary to effect such consent(s), which documents shall be acceptable to the Company in form and substance.
(e) Anschutz shall have acknowledged in writing to JEDI that the JEDI Registration Rights Agreement, as amended by Amendment No. 1 thereto, continues to constitute the "the Other Registration Rights Agreement" for purposes of the Anschutz Registration Rights Agreement.
(f) Anschutz shall have entered into an amendment to the Anschutz Shareholders Agreement to amend lines 5 and 6 of Section 3.1(a) thereof to delete the phrase "(other than Equity Securities of the Company owned by Purchaser, and of its Affiliates or any such Group)" and substitute in its place the phrase "(other than Equity Securities of the Company owned by JEDI, Purchaser, any of their respective Affiliates or any Group of which any such entity is a member)".
(g) Except for events affecting the oil and gas industry generally, including, but not limited to, the market prices of the Company's products, no event shall have occurred since th...
Company Conditions to Closing. The Company's obligation to sell and issue the Shares at the Closing is, at the option of the Company, subject to the fulfillment of the following conditions:
Company Conditions to Closing. The Company's obligation hereunder to accept the Purchase Price from HP is subject to satisfaction, on or prior to the Closing Date, of all of the following conditions, any of which may be waived in whole or part by the Company:
