Common use of Conditions of Series Closing Clause in Contracts

Conditions of Series Closing. The obligation of each Series Purchaser to purchase and pay for the Series Notes to be purchased by such purchaser hereunder on the Series Closing Date is subject to the satisfaction, on or before such Series Closing Date, of the conditions set forth in Section 4 of the Agreement, and to the following additional conditions: (a) Except as supplemented, amended or superseded by the representations and warranties set forth in Exhibit A hereto, each of the representations and warranties of the Company set forth in Section 5 of the Agreement shall be correct as of the Series Closing Date and the Company shall have delivered to each Series Purchaser an Officer’s Certificate, dated the Series Closing Date certifying that such condition has been fulfilled. (b) Each Subsidiary Guarantor shall have confirmed in writing that the Series Notes shall be guaranteed by the Affiliate Guaranty. (c) Contemporaneously with the Series Closing, the Company shall sell to each Series Purchaser, and each Series Purchaser shall purchase, the Series Notes to be purchased by such Series Purchaser at the Series Closing as specified in the Supplemental Purchaser Schedule.

Conditions of Series Closing. The obligation of each Series Purchaser to purchase and pay for the Series Notes to be purchased by such purchaser hereunder on the Series Closing Date is subject to the satisfaction, on or before such Series Closing Date, of the conditions set forth in Section 4 of the Agreement, and to the following additional conditions: (a) Except as supplemented, amended or superseded by the representations and warranties set forth in Exhibit A hereto, each of the representations and warranties of the Company set forth in Section 5 of the Agreement shall be correct as of the Series Closing Date and the Company shall have delivered to each Series Purchaser an Officer’s Certificate, dated the Series Closing Date certifying that such condition has been fulfilled. (b) Each Subsidiary Guarantor shall have confirmed in writing that the Series Notes shall be guaranteed by the Affiliate Guaranty. (c) Contemporaneously with the Series Closing, the Company shall sell to each Series Purchaser, and each Series Purchaser shall purchase, the Series Notes to be purchased by such Series Purchaser at the Series Closing as specified in the Supplemental Purchaser Schedule.

Conditions of Series Closing. The obligation of each Series Purchaser to purchase and pay for the Series Notes to be purchased by such purchaser hereunder on the Series Closing Date is subject to the satisfaction, on or before such Series Closing Date, of the conditions set forth in Section 4 of the Agreement, and to the following additional conditions: (a) Except as supplemented, amended or superseded by the representations and warranties set forth in Exhibit A hereto, each of the representations and warranties of the Company set forth in Section 5 of the Note Purchase Agreement shall be correct as of the Series Closing Date and the Company shall have delivered to each Series Purchaser an Officer’s Certificate, dated the Series Closing Date certifying that such condition has been fulfilled. (b) Each Subsidiary Guarantor and Pledgor shall have confirmed in writing that the Series Notes shall be guaranteed and secured, as the case may be, by the Affiliate GuarantySubsidiary Guaranty and the Pledge Agreement. (c) Contemporaneously with the Series Closing, the Company shall sell to each Series Purchaser, and each Series Purchaser shall purchase, the Series Notes to be purchased by such Series Purchaser at the Series Closing as specified in the Supplemental Purchaser Schedule.