Common use of Conditions of Obligations of the Company Clause in Contracts

Conditions of Obligations of the Company. The obligations of the Company under this Agreement are subject to the accuracy of the representations and warranties of the Investor made in Section 4 hereof in all material respects, to the performance by the Investor of its other obligations under this Agreement to be performed at or prior to the Closing and to the further condition that all other Investors shall concurrently make the Investments contemplated to be made in connection with this Offering. If any of the conditions specified in this Section 8 have not been fulfilled in all material respects when and as required by this Agreement to be fulfilled, the Company may cancel this Agreement and all its obligations under this Agreement by notifying the Investor of such cancellation in writing or by telegram at any time at or before the Closing and any such cancellation will be without liability or obligation of any party to any other party (except in the case of willful breach).

Appears in 4 contracts

Samples: Subscription Agreement (Acrodyne Communications Inc), Subscription Agreement (Acrodyne Communications Inc), Subscription Agreement (Acrodyne Communications Inc)

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Conditions of Obligations of the Company. The obligations of the Company under this Agreement are subject to the accuracy of the representations and warranties of the Investor made in Section 4 hereof in all material respects, respects and to the performance by the Investor of its other obligations under this Agreement to be performed at or prior to the Closing and to the further condition that all other Investors shall concurrently make the Investments contemplated to be made in connection with this OfferingClosing. If any of the conditions specified in this Section 8 have not been fulfilled in all material respects when and as required by this Agreement to be fulfilled, the Company may cancel this Agreement and all its obligations under this Agreement by notifying the Investor of such cancellation in writing or by telegram at any time at or before the Closing and any such cancellation will be without liability or obligation of any party to any other party (except in the case of willful breach).

Appears in 3 contracts

Samples: Subscription Agreement (Scorpion Acrodyne Investors LLC), Subscription Agreement (Acrodyne Communications Inc), Subscription Agreement (Acrodyne Communications Inc)

Conditions of Obligations of the Company. The obligations of the Company under this Agreement are subject to the accuracy of the representations and warranties of the Investor made in Section 4 hereof in all material respects, to the performance by the Investor of its other obligations under this Agreement to be performed at or prior to the Closing and to the further condition that all other Investors shall must concurrently make the Investments investments contemplated to be made in connection with this Offering. If any of the conditions specified in this Section 8 have not been fulfilled in all material respects when and as required by this Agreement to be fulfilled, the Company may cancel this Agreement and all its obligations under this Agreement by notifying the Investor of such cancellation in writing or by telegram at any time at or before the Closing and any such cancellation will be without liability or obligation of any party to any other party (except in the case of willful breach).

Appears in 3 contracts

Samples: Subscription Agreement (Newlight Associates L P), Subscription Agreement (Newlight Associates L P), Subscription Agreement (Scorpion Acrodyne Investors LLC)

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Conditions of Obligations of the Company. The obligations of the Company under this Agreement are subject to the accuracy of the representations and warranties of the Investor made in Section 4 hereof in all material respects, and to the performance by the Investor of its other obligations under this Agreement to be performed at or prior to the Closing and to the further condition that all other Investors shall concurrently make the Investments contemplated to be made in connection with this OfferingClosing. If any of the conditions specified in this Section 8 have not been fulfilled in all material respects when and as required by this Agreement to be fulfilled, the Company may cancel this Agreement and all its obligations under this Agreement by notifying the Investor of such cancellation in writing or by telegram at any time at or before the Closing and any such cancellation will be without liability or obligation of any party to any other party (except in the case of willful breach).

Appears in 1 contract

Samples: Registration Rights Agreement (Hi Rise Recycling Systems Inc)

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