Conditions of Purchasers. The obligations of Purchasers to effect the transaction contemplated by this Agreement shall be subject to the fulfillment at or prior to the time of Closing of each of the following items which are conditions to the Closing:
Conditions of Purchasers. Obligations at the Closing. The obligations of the Purchasers to the Company under this Agreement are subject to the fulfillment, concurrently with or prior to the Closing, of each of the following conditions, unless otherwise waived in writing by the Purchasers purchasing a majority of the Series BB Preferred Stock:
Conditions of Purchasers. Obligation
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Conditions of Purchasers. The obligations of Company to carry out its obligations under this Agreement, are, at its option, subject to the satisfaction, on or before the Closing Date, of the following conditions:
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Conditions of Purchasers. Obligations at the Initial and Subsequent Closings. The obligations of each Initial Purchaser to the Company under this Agreement are subject to the fulfillment, on or before the Initial Closing of each of the following conditions set forth in Sections 4.1 through 4.10 hereunder, unless otherwise waived in writing by such Initial Purchaser. The obligations of TSG (as defined below), in its capacity as Subsequent Purchaser, to the Company under this Agreement are subject to the fulfillment, on or before the Subsequent Closing of each of the following conditions set forth in Section 4.1 through 4.12 hereunder, unless otherwise waived in writing by TSG. The obligations of Xxxxxx Xxxxxxx Strategic Partners Fund, L.P. ("Xxxxxx"), in its capacity as a Subsequent Purchaser, to the Company under this Agreement are subject to the fulfillment, on or before the Subsequent Closing of the conditions set forth in Sections 4.1 through 4.10, and Section 4.13, unless otherwise waived by Xxxxxx.
Conditions of Purchasers. OBLIGATIONS WITH RESPECT TO THE FIRM COMMON STOCK AND THE ADDITIONAL COMMON STOCK. The several obligations of the Purchasers hereunder are subject to the following conditions:
Conditions of Purchasers. Obligations with respect to each Closing. With respect to each Closing, the obligations of the Purchasers to purchase and pay for the Preferred Shares and Warrants in any Tranche, as provided herein, shall be subject to (i) the continuing accuracy of the representations and warranties of the Company as of the date hereof and as of each Closing Date; (ii) the accuracy of the statements of officers of the Company made pursuant to the provisions hereof; (iii) the performance by the Company of its obligations hereunder; and (iv) the satisfaction of the conditions set forth in Section 6(c).
Conditions of Purchasers. Notwithstanding any other provision of this Agreement, the obligations of Purchasers to consummate the transactions contemplated by this Agreement shall be subject to the satisfaction, at or prior to the Closing, of each of the following conditions precedent, and if Purchasers terminate this Agreement prior to the Closing because any such condition is not so satisfied on or prior to the Outside Date, Purchasers shall have no liability hereunder except as otherwise set forth in Article VII:
