CONDITIONS OF THE COMPANY'S OBLIGATION. The obligation of the Company to sell the Shares at the Closing is subject to the satisfaction of the following conditions:
CONDITIONS OF THE COMPANY'S OBLIGATION. The obligations of the Company under this Agreement are subject to the fulfillment, or the waiver, of the following conditions on or before the Closing:
(a) The representations and warranties of the Purchaser contained in Article VI shall be true and correct on and as of the date of Closing with the same effect as though such representations and warranties had been made on and as of that date.
(b) The Purchaser shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by the Purchaser prior to or at the Closing.
CONDITIONS OF THE COMPANY'S OBLIGATION. The Company's obligation to sell the Purchased Shares shall be subject to the accuracy on the date of the applicable Closing of the representations and warranties of the Purchasers contained in this Agreement, and the performance by the Purchasers of all agreements, covenants, and conditions contained in this Agreement required to be performed by them at or prior to such Closing.
CONDITIONS OF THE COMPANY'S OBLIGATION. The Company’s obligation to effect the Merger at the Closing is subject to the satisfaction as of the Closing of the following conditions precedent:
CONDITIONS OF THE COMPANY'S OBLIGATION. The obligation of the Company to consummate the transactions contemplated by this Agreement at the Closing is subject to the satisfaction of the following conditions:
CONDITIONS OF THE COMPANY'S OBLIGATION. The obligations of the Company to the Investors under this Agreement are subject to the fulfillment on or before the Closing Date of each of the following conditions:
CONDITIONS OF THE COMPANY'S OBLIGATION. The Company's obligation to sell the Purchased Shares shall be subject to (a) the compliance and performance by the Investors with all of the agreements, covenants and conditions contained in this Agreement and required to be performed or complied with by the Investors at or before the Closing and to accuracy on the date of the Closing of the representations and warranties of the Investors contained in this Agreement, and (b) the execution and delivery by the Investors with, the Shareholders Agreement and the Confidentiality Agreement substantially in the form of Exhibits C and G attached hereto. ---------- -
CONDITIONS OF THE COMPANY'S OBLIGATION. The obligation of the Company to deliver the Notes upon payment therefor shall be subject to the following conditions: At the time of closing, the Indenture and the Guarantee shall be qualified under the Trust Indenture Act, the Prospectus shall have been filed or delivered for filing to the Commission not later than 5:00 p.m. on the second business day following the date hereof and no stop order suspending the effectiveness of the Registration Statement, as amended from time to time, shall be in effect and no proceedings for that purpose shall then be pending before, or threatened by, the Commission. In case any of the conditions specified above in this Section shall not have been fulfilled, this Agreement may be terminated by the Company by delivering written notice of termination to the Representative. Any such termination shall be without liability of any party to any other party except to the extent provided in subparagraphs (d) and (g) of Section 7 hereof.
CONDITIONS OF THE COMPANY'S OBLIGATION. The obligation of the Company to deliver the Shares shall be subject to the conditions that (a) the Registration Statement shall have become effective and (b) no stop order suspending the effectiveness thereof shall be in effect and no proceedings therefor shall be pending or threatened by the Commission. In case either of the conditions specified in this Section 10 shall not be fulfilled, this Agreement may be terminated by the Company by giving notice to you. Any such termination shall be without liability of the Company to the Underwriters and without liability of the Underwriters to the Company; provided, however, that in the event of any such termination the Company agrees to indemnify and hold harmless the Underwriters from all costs or expenses incident to the performance of the obligations of the Company under this Agreement, including all costs and expenses referred to in paragraphs (i) and (j) of Section 5 hereof.
CONDITIONS OF THE COMPANY'S OBLIGATION. The obligation of the Company to issue and sell the Securities hereunder is subject to the condition that, at the time of the closing of the offering of the Securities, a simultaneous closing occurs with respect to the Carlton Acquisition.
