Conditions of Closing of the Company. The Company’s obligations to sell and issue the Purchased Shares at the Closing are subject to the fulfillment at or before such Closing of the following conditions, which may be waived in whole or in part by the Company, and which waiver shall be at the sole discretion of the Company:
Conditions of Closing of the Company. The obligation of the Company to consummate the purchase and sale of the Shares to each Purchaser is subject to the fulfillment to the Company’s reasonable satisfaction (or waiver by the Company) on or prior to the Closing of each of the following conditions:
7.1 Each representation and warranty made by such Purchaser in Section 4 above shall be true and correct as of the Closing as though made as of the Closing. By accepting the Shares to be issued to such Purchaser and delivering the Purchase Price therefor, such Purchaser shall be deemed to have reaffirmed such representations and warranties as of the Closing.
7.2 All covenants, agreements and conditions contained in this Agreement to be performed or complied with by such Purchaser on or prior to the Closing shall have been performed or complied with by it in all respects.
Conditions of Closing of the Company. The obligation of the Company to consummate the sale of the Shares to each Purchaser is subject to the fulfillment (or waiver by the Company) on or prior to the Closing of each of the following conditions:
(a) Each representation and warranty made by each Purchaser in Section 4 above shall be true and correct as of the Closing as though made as of the Closing. By accepting the Shares to be issued to such Purchaser and delivering the Purchase Price therefor, each Purchaser shall be deemed to have reaffirmed such representations and warranties as of the Closing.
(b) All covenants, agreements and conditions contained in this Agreement to be performed or complied with by each Purchaser on or prior to the Closing shall have been performed or complied with by it in all material respects.
(c) No stop order suspending the effectiveness of the Registration Statement or any part thereof, or preventing or suspending the use of the Base Prospectus or the Prospectus or any part thereof, shall have been issued and no proceedings for that purpose or pursuant to Section 8A under the Securities Act, shall have been initiated or threatened by the Commission, and no objection shall have been raised by the New York Stock Exchange with respect to the consummation of the transactions contemplated by this Agreement.
Conditions of Closing of the Company. The obligations of the Company to repurchase the Shares are, at the option of the Company, subject to the fulfillment of the following conditions as of the Closing Date:
Conditions of Closing of the Company. The Company’s obligations at each of the Initial and Deferred Closings shall be subject to:
7.1. The Investors causing the transfer to the Company of the applicable Purchase Price for the applicable Purchased Shares.
7.2. The representations and warranties made by the Investors herein shall have been true and correct in all respects when made and shall be true and correct on the date of the applicable Closing.
7.3. All covenants, agreements and conditions contained in this Agreement to be performed, or complied with, by the Investors prior to the applicable Closing, shall have been performed or complied with by the Investors.
7.4. All of the documents to be delivered by the Investors pursuant to Sections 2.2 or 3.2, as applicable, shall have been delivered to the Company.
Conditions of Closing of the Company. The Company’s obligations to sell and issue the Closing Shares at the Closing are subject to the fulfillment at or before the Closing of the conditions that (a) all covenants, agreements and conditions contained in this Agreement to be performed, or complied with, by the Purchaser prior to the Closing shall have been performed or complied with by the Purchaser prior to or at the Closing, and (b) the representations and warranties made by the Purchaser in this Agreement shall have been true and correct when made, and shall be true and correct as of the date of the Closing, 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.
Conditions of Closing of the Company. The Company’s obligations to sell and issue the Shares at the Closing[ and at each Additional Closing,] to the Investor, are subject to the fulfillment at or before the Closing [and at each Additional Closing,] of the conditions that (a) all covenants, agreements and conditions contained in this Agreement to be performed, or complied with, by the Investor prior to the Closing [and the Additional Closing,] shall have been performed or complied with by the Investor prior to or at the Closing [and the Additional Closing,] including, without limitation, the payment of the Purchase Price [and the relevant part of the Investor’s Additional Amount,] by the Investor in immediately available funds, and (b) the representations and warranties made by the Investor in this Agreement shall have been true and correct when made, and shall be true and correct as of the Closing and the Additional Closings, as if made on the Closing Date.
Conditions of Closing of the Company. The Company's obligations to sell and issue the Shares at the Closing are subject to the fulfillment at or before the Closing of the conditions that (a) all covenants, agreements and conditions contained in this Agreement to be performed, or complied with, by IBM prior to the Closing shall have been performed or complied with by IBM prior to or at the Closing; (b) the representations and warranties made by IBM in this Agreement shall have been true and correct when made, and shall be true and correct as of the date of the Closing, 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; and (c), with respect to the Subsequent Closing, that the Teaming Agreement has not previously been duly terminated by either of the Parties.
Conditions of Closing of the Company. The Company’s obligations to sell and issue the respective number of Crossover Preferred Shares at the Closing to the Purchaser are subject to the fulfillment at or before the Closing of the conditions that (a) all covenants, agreements and conditions contained in this Agreement to be performed, delivered, or complied with by such Purchaser prior to the Closing shall have been performed, delivered, or complied with by such Purchaser, as applicable, prior to or at the Closing (b) the representations and warranties made by Purchaser in this Agreement shall have been true and correct when made, and shall be true and correct as of the date of the Closing as if made on the date thereof.
Conditions of Closing of the Company. The obligations of the Company to consummate the transactions contemplated by this Agreement, are subject to the satisfaction, on or before the Closing, of the conditions set forth under this Section 6, unless otherwise waived in writing by the Company:
