Conditions of Sales Agent’s Obligations. The obligations of the Sales Agent hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company on the date hereof, any applicable date referred to in Section 5(q) of this Agreement and as of each Settlement Date, (ii) the performance by the Company of its obligations hereunder and (iii) to the following additional conditions precedent.
Conditions of Sales Agent’s Obligations. The obligations of the Sales Agents to offer the Shares on a best-efforts basis under this Agreement are subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:
Conditions of Sales Agent’s Obligations. The obligations of the Sales Agent hereunder are subject to the accuracy of the representations and warranties of the WhiteHorse Entities contained herein or in certificates of any officer of the WhiteHorse Entities delivered pursuant to the provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, and to the following further conditions:
Conditions of Sales Agent’s Obligations. Sales Agent's obligations to use its best efforts to sell the Shares as provided herein and the release of funds from the Escrow Account on the Closing Date shall be subject to the accuracy of the representations and warranties of the Company as of the date hereof and at the Closing Date, to the accuracy of the statements of the officers of the Company made pursuant to the provisions hereof, to the performance by the Company, of its respective obligations hereunder and to the following additional conditions:
Conditions of Sales Agent’s Obligations. The obligations of --------------------------------------- the Sales Agent hereunder, and the obligations of any prospective purchaser of Securities sold through the Sales Agent to purchase such Securities, are subject to the accuracy of the representations and warranties of the Company and the Selling Stockholder contained in Section 1 hereof and in certificates of any officer of the Company or of or on behalf of the Selling Stockholder delivered pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder of their respective covenants and other obligations hereunder, and to the following further conditions:
