Condition of Company's Obligations. The obligations of the Company to sell and deliver the Bonds are subject to the following conditions: that at the Time of Delivery no stop order suspending the effectiveness of the Registration Statement shall have been issued or proceedings therefor initiated or threatened; that the order of the Illinois Commerce Commission, referred to in Section 2(k), shall be in full force and effect substantially in the form in which such order shall originally have been entered; and that the Indenture shall be qualified under the Trust Indenture Act.
Condition of Company's Obligations. As to each registration statement or offering statement, the Company's obligations contained in this Section (8) shall be conditioned upon a timely receipt by the Company in writing of the following:
(a) Information as to the terms of the contemplated public offering furnished by and on behalf of each Holder or holder intending to make a public distribution of the Warrant Securities or Warrant Securities underlying the unexercised portion of the Warrant; and
(b) Such other information as the Company may reasonably require from such Holders or holders, or any underwriter for any of them, for inclusion in the registration statement or offering statement.
Condition of Company's Obligations. As to each registration statement or offering statement, the Company's obligations contained in this Section 8 shall be conditioned upon a timely receipt by the Company in writing of the following:
(a) Information as to the terms of the contemplated public offering furnished by and on behalf of each Holder or holder intending to make a public distribution of the Option Securities; and
(b) Such other information as the Company may reasonably require from such Holders or holders, or any underwriter for any of them, for inclusion in the registration statement or offering statement.
Condition of Company's Obligations. The Company's obligation to ---------------------------------- issue and sell the Preferred Stock to the Investors on the Closing Date is subject to the fulfillment prior to or on the Closing Date of the following conditions, any of which may be waived in whole or in part by the Company.
Condition of Company's Obligations. As to each registration statement or offering statement, the Company's obligations contained in this Section 5 shall be conditioned upon a timely receipt by the Company in writing of the following:
(a) Information as to the terms of the contemplated public offering furnished by and on behalf of each Holder or holder intending to make a public distribution of the Warrant Securities or Warrant Securities underlying the unexercised portion of the Warrant; and
(b) Such other information as the Company may reasonably require from such Holders or holders, or any underwriter for any of them, for inclusion in the registration statement or offering statement.
Condition of Company's Obligations. The obligations of the Company hereunder, including, but not limited to, using its best efforts to cause the managing underwriters to include the Stockholder Shares in the Public Offering, are
Condition of Company's Obligations. The obligations of the Company to sell and deliver the Securities shall be subject to the accuracy, in all material respects, as of the date of this Agreement and the Closing Date, of the representations and warranties of the Purchasers contained herein, to the performance by the Purchasers of their obligations hereunder, and to the following additional conditions:
(i) The Registration Statement shall be effective on the Closing Date, and no stop order suspending the effectiveness of that Registration Statement or any part thereof shall have been issued under the 1933 Act or proceedings therefore instituted or threatened by the Commission.
(ii) The Company and the Purchasers shall have obtained all material authorizations, approvals, consents, registrations or qualifications of or with any court or governmental authority or agency (including, without limitation, any insurance regulatory agency or body) required for the issuance and sale of the Securities by the Company to the Purchasers and the performance by the Company of its obligations under this Agreement, except such as may be required under state or foreign securities or Blue Sky laws.
(iii) Any waiting periods under the HSR Act applicable to the transaction contemplated hereby shall have expired or been terminated.
(iv) Counsel for the Company shall have been furnished with such documents as they may require in order to evidence the accuracy of any of the representations or warranties of the Purchasers, or the fulfillment of any of the conditions herein contained; and all proceedings by any Purchaser which is an entity in connection with the purchase of Securities under this Agreement as herein contemplated shall be satisfactory in form and substance to the Company and counsel for the Company.
Condition of Company's Obligations. The obligation of the Company to sell Securities on a Closing Date as provided herein is subject to (x) the Purchaser making payment for the Securities on such Closing Date against delivery to the Purchaser of one or more certificates representing the Securities pursuant Section 2(b) and (y) (A) the EnhancedView Imagery Acquisition Contract shall have been awarded to the Company in a definitive, final decision for which the GAO bid protest period has expired and shall be in full force and effect; and (B) the EnhancedView Imagery Acquisition Contract shall not have been awarded to the Company on a Non-Conforming Basis.
Condition of Company's Obligations. The Company's obligation ---------------------------------- to sell and issue the Notes and Warrants at the Closing is subject to the fulfillment to the Company's reasonable satisfaction, before or at the Closing, of the following conditions (which conditions may be waived in whole or in part by the Company, and which waiver shall be at the sole discretion of the Company):
Condition of Company's Obligations. The obligation of the Company to sell Securities on the Closing Date as provided herein is subject to (x) the Purchaser making payment for the Securities on the Closing Date against delivery to the Purchaser of one or more certificates representing the Securities pursuant Section 2(b) and (y) to the following additional conditions:
(a) EnhancedView Imagery Acquisition Contract. (i) the EnhancedView Imagery Acquisition Contract shall have been awarded to the Company in a definitive, final decision for which the GAO bid protest period has expired and shall be in full force and effect, and (ii) if the EnhancedView Imagery Acquisition Contract shall have been awarded to the Company on a Non-Conforming Basis, the Purchaser shall have given written notice to the Company of its exercise of its option to purchase 80,000 shares of the Securities pursuant to Section 4(g), in which case the Company shall not be required to issue in excess of 80,000 shares of the Securities.
(b) Xxxx-Xxxxx-Xxxxxx. All mandatory waiting periods (and any extension thereof) prescribed by the Xxxx-Xxxxx-Xxxxxx Antitrust Improvements Act of 1976, as amended and the rules and regulations promulgated thereunder, shall have expired or shall have been terminated.
