Conditions Antecedent Sample Clauses

Conditions Antecedent. The obligations of Investor under this --------------------- Agreement are, at the option of Investor (unless waived in writing by Investor), in its sole discretion, subject to the payment by the Company of the subscription price for the Investor Shares in accordance with the terms of the Subscription Agreement. The obligations of the Company under this Agreement are, at the option of the Company (unless waived in writing by the Company), in its sole discretion, subject to the issuance to the Company of a certificate or certificates representing the Investor Shares; provided that the Company shall have paid the subscription price therefor in accordance with the Subscription Agreement. If either party's condition antecedent has not occurred by the close of business on the second business day following the Closing Date, such party shall have the right to terminate this Agreement upon notice to the other, in which event the Cash Contribution and (if the subscription price has not been paid) the Additional Cash Contribution shall be returned to the Investor and neither party shall have any further obligation with respect to the Company Agreements (as defined).