Common use of CONDITIONS OF THE COMPANY'S OBLIGATION TO SELL Clause in Contracts

CONDITIONS OF THE COMPANY'S OBLIGATION TO SELL. The obligation hereunder of the Company to issue and sell the Shares to the Investor is further subject to the satisfaction, at or before each Closing Date, of each of the following conditions set forth below. These conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion. (a) The Investor shall have executed each of this Agreement and the Registration Rights Agreement and delivered the same to the Company. (b) The Investor shall have delivered to the Company the Purchase Price for the Shares being purchased by the Investor at the Closing (after receipt of confirmation of delivery of such Shares) by wire transfer of immediately available funds pursuant to the wire instructions provided by the Company. (c) No statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by any court or governmental authority of competent jurisdiction which prohibits the consummation of any of the transactions contemplated by this Agreement.

CONDITIONS OF THE COMPANY'S OBLIGATION TO SELL. The obligation hereunder of the Company to issue and sell the Shares Securities to the Investor is further subject to the satisfaction, at or before each Closing Date, of each of the following conditions set forth below. These conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion. (aA) The Investor shall have executed each of this Agreement and the Registration Rights Agreement and delivered the same to the Company. (bB) The Investor shall have delivered to the Company the Purchase Price for the Shares Securities being purchased by the Investor at the Closing (after receipt of confirmation of delivery of such SharesSecurities) by wire transfer of immediately available funds pursuant to the wire instructions provided by the Company. (cC) No statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by any court or governmental authority of competent jurisdiction which prohibits the consummation of any of the transactions contemplated by this Agreement.

CONDITIONS OF THE COMPANY'S OBLIGATION TO SELL. The obligation hereunder of the Company to issue and sell the Shares Securities to the Investor is further subject to the satisfaction, at or before each Closing Date, of each of the following conditions set forth below. These conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion.: (a) The Investor shall have executed each of this Agreement and the Registration Rights Agreement and delivered the same to the Company. (b) The Investor shall have delivered to the Company the Purchase Price for the Shares Securities being purchased by the Investor at the Closing (after receipt of confirmation of delivery of such Shares) by wire transfer of immediately available funds pursuant to the wire instructions provided by the CompanyInvestor. (c) No statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by any court or governmental authority of competent jurisdiction which prohibits the consummation of any of the transactions contemplated by this Agreement. These conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion.

CONDITIONS OF THE COMPANY'S OBLIGATION TO SELL. The obligation hereunder of the Company to issue and sell the Shares Securities to the Investor is further subject to the satisfaction, at or before each Closing Date, of each of the following conditions set forth below. These conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion. (aA) The Investor shall have executed each of this Agreement and the Registration Rights Agreement and delivered the same to the Company. (bB) The Investor shall have delivered to the Company the Purchase Price for the Shares Securities being purchased by the Investor at the Closing (after receipt of confirmation of delivery of such Shares) by via wire transfer of immediately available funds pursuant to the wire transfer instructions previously provided by the Company) between the end of the Pricing Period and the Closing Date via a Put Settlement Sheet (hereto attached as Exhibit D). (cC) No statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by any court or governmental authority of competent jurisdiction which prohibits the consummation of any of the transactions contemplated by this Agreement.