Company’s Conditions of Closing. The Company’s obligation to sell the Subscribed for Units is subject to the satisfaction or waiver, on or before the Closing Date, of the conditions contained in this Section 3.
Company’s Conditions of Closing. The Company's obligations to sell the Shares and the Warrants hereunder is subject to the satisfaction or waiver, on or before the Closing Date, of the conditions contained in Paragraphs 4A through 4F.
Company’s Conditions of Closing. The obligation of the Company to complete the sale of the Securities at the Closing is subject to fulfillment of the following condition, which may be waived by the Company:
(a) the representation and warranties of the Investors set forth in this Agreement shall be true and correct in all material respects as of the date of this Agreement and (to the extent such representations and warranties speak as of a later date) as of such later date as though made on and as of the Closing Date.
Company’s Conditions of Closing. Subject to the Company’s rights in Section 1.4 and elsewhere in this Agreement, the Company’s obligation to sell the Subscribed for Units is subject to the satisfaction or waiver, on or before the Closing Date, of the conditions contained in this Section 5.
Company’s Conditions of Closing. The Company's obligations to issue and sell the Securities are subject to satisfaction, prior to or simultaneously with the closing, of the following conditions:
(a) Each of the Purchasers shall have delivered a certificate, dated the Closing Date, certifying that the representations and warranties of such Purchaser contained in this Agreement and any Exhibit to which the Purchaser is a party are true and correct in all material respects and that the Purchaser has performed in all material respects all agreements and complied with all conditions contained in this Agreement and in any Exhibit to which it is a party that are required to be performed or complied with on or before the Closing Date.
(b) Each of the Holders shall have surrendered to the Company for cancellation the Senior Note registered in his name.
(c) All proceedings taken in connection with the purchase by the Purchasers of the Securities and the consummation of the transactions contemplated hereby to occur on or prior to the Closing Date and all documents and papers relating thereto shall be satisfactory in form, scope and substance to the Company and its counsel, and the Company and its counsel shall have received copies (executed or certified as may be appropriate) of such documents and papers as each may reasonably request in connection therewith.
Company’s Conditions of Closing. The Company’s obligation to sell the Subscribed for Flow-Through Shares is subject to the satisfaction or waiver, on or before the Closing Date, of the conditions contained in this Section 4.
Company’s Conditions of Closing. The obligations of the Company under this Agreement are subject to and conditioned upon the satisfaction at or prior to the Closing of each of the following conditions (unless waived by the Company in writing):
Company’s Conditions of Closing. The obligations of the Company under SECTION 2.2 of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against the Company unless it consents in writing thereto: (A)
Company’s Conditions of Closing. The obligation of the Company to complete the sale of the Securities at each of the Closings is subject to fulfillment of the following conditions, each of which may waived by the Company:
1.4.1 the representation and warranties of the Investor set forth in this Agreement shall be true and correct in all material respects as of the date of this Agreement and (to the extent such representations and warranties speak as of a later date) as of such later date as though made on and as of the Closing Date;
1.4.2 the Company shall have filed the Certificate of Designation in the form attached as Exhibit 1 hereto with the Secretary of State of the State of Delaware; and
1.4.3 the Company shall have obtained the requisite approval of the transactions contemplated hereby by the Company’s stockholders (if applicable) and board of directors.
Company’s Conditions of Closing. The Company's obligation to sell the Subscribed for Shares is subject to the satisfaction of waiver, on or before the Closing Date, of the conditions contained in this Section 3.
