Condition to the Company’s Obligations. In connection with an underwritten offering, it shall be a condition to the Company=s obligations to include Registrable Securities on behalf of the Holder that the underwriters agree to indemnify the Company, its directors and officers and each person who controls the Company (within the meaning of the Securities Act) against any losses, claims, damages, liabilities and expenses arising out of or resulting from any untrue or alleged untrue statement of material fact or any omission or alleged omission of a material fact required to be stated in the registration statement or prospectus or any amendment thereof or supplement thereto or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or omission or such alleged untrue statement or alleged omission is contained in information furnished in writing by such underwriters on their own behalf specifically for use in preparing the registration statement.
Condition to the Company’s Obligations. The obligation of the Company to issue the Tranche 2-A Warrant or Tranche 2-B Warrant, as applicable, to the Investor is subject to the fulfillment or waiver of the following conditions on or before the applicable Issuance Date:
Condition to the Company’s Obligations. The Company’s obligation to issue and deliver the Shares and Warrants to Investor on the Closing Date is subject to the fulfillment to the reasonable satisfaction of the Company, on or prior to the Closing Date, of the following conditions, either of which may be waived by the Company:
Condition to the Company’s Obligations. The obligation of the Company to consummate the transactions contemplated hereby is expressly conditioned upon:
Condition to the Company’s Obligations. The obligation of the Company to. issue and sell the Shares to be sold by it at the Closing is subject to the fulfillment to the Company's satisfaction, prior to or at the Closing, of the following conditions:
Condition to the Company’s Obligations. The obligations of the Company to the Investors under this Agreement are subject to the fulfillment by each Investor or waiver by the Company on or before the Closing of the following conditions:
Condition to the Company’s Obligations. The obligation of the Company to complete the Closing with any Holder is subject to the fulfillment on or before the Closing Date, of the conditions precedent set forth in Section 5.1 and to the following additional conditions precedent:
Condition to the Company’s Obligations. The respective and several obligations of the Company to issue and sell the Notes to the Purchasers at each Closing are subject to the fulfillment or waiver, on or before each Closing of the following condition:
Condition to the Company’s Obligations. The obligations of the Company to issue and sell the Notes are subject to the condition that the Company has, prior to the Closing Date, obtained all necessary consents and approvals of the terms and conditions of the Notes required pursuant to the Credit Facility.
Condition to the Company’s Obligations. The obligation of the Company to deliver the Designated Shares at the Closing shall be conditional upon the delivery by the Purchaser to the Company of a certificate of the Purchaser as to the accuracy, in all material respects, of the representations and warranties of the Purchaser contained in Section 4 of this Purchase Agreement as of the Closing Date, in the form attached as Schedule 1.8 dated the Closing Date.
