Conditions of the Company’s Obligations at the Closing. The obligations of the Company owed to the Purchaser to consummate the Closing under Section 1 of this Agreement, unless otherwise waived in writing by the Company, are subject to the fulfillment at or before the Closing of each of the following conditions:
Conditions of the Company’s Obligations at the Closing. The obligations of the Company under this Agreement to issue and sell the Shares to the Investor are subject to the fulfillment on or before the Closing of each of the following conditions, any of which may be waived in writing by the Company:
Conditions of the Company’s Obligations at the Closing. The obligations of the Company to each Investor under this Agreement are subject to the fulfillment on or before each Closing of each of the following conditions by that Investor:
Conditions of the Company’s Obligations at the Closing. The obligations of the Company to consummate the sale of the Purchase Shares to each of the Investors at the Closing under Section 2 of this Agreement, unless otherwise waived in writing by the Company, are subject to the conditions that (a) the representations and warranties of such Investor contained in Section 4 shall be true and complete and not misleading when made, and shall be true and complete and not misleading on and as of the Closing with the same effect as though such representations and warranties had been made on and as of the date of the Closing, (b) such Investor shall have paid the purchase price for its applicable Purchase Shares in accordance with Section 2.2 hereof, (c) such Investor shall have performed and complied in all material respects with all covenants, agreements, obligations and conditions contained in the Transaction Documents that are required to be performed or complied with by it on or before the Closing, and (d) with respect to any Transaction Document any Investor is a party, such Investor shall have delivered to each of the other parties to such Transaction Document an original copy thereof duly executed by such Investor.
Conditions of the Company’s Obligations at the Closing. The obligations of the Company to Win Wide under this Agreement are subject to the fulfillment, at or before the Closing, of each of the following conditions:
Conditions of the Company’s Obligations at the Closing. The obligations of the Company to each Purchaser under this Agreement are subject to the fulfillment, on or before the Closing in which such Purchaser is participating, of each of the following conditions, unless otherwise waived:
(a) The representations and warranties of each Purchaser contained in Section 4 shall be true and correct in all material respects on and as of the Closing.
(b) All covenants, agreements and conditions contained in this Agreement to be performed by the Purchasers on or prior to the Closing, including payment of the Purchase Price, shall have been performed or complied with in all material respects.
(c) All authorizations, approvals or permits, if any, of any governmental authority or regulatory body of the United States or of any state that are required in connection with the lawful issuance and sale of the Securities pursuant to this Agreement shall be obtained and effective as of the Closing.
Conditions of the Company’s Obligations at the Closing. The obligations of the Company to issue the Note and the Warrant to the Investors at the Closing is subject to the fulfillment (or waiver by the Company) prior to or on the Closing Date of the conditions set forth below. In the event that any such condition is not met to the satisfaction of the Company, then the Company shall not be obligated to proceed with the transactions contemplated hereunder and in the Related Agreements, and shall not be subject to any liability hereunder or thereunder.
Conditions of the Company’s Obligations at the Closing. The obligations of the Company to sell the Shares to the Purchaser under this Agreement are subject to the following conditions:
Conditions of the Company’s Obligations at the Closing. The obligations of the Company under SECTION 1.2 of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions:
5.1 MEMBER APPROVAL. Member Approval shall have been obtained.
Conditions of the Company’s Obligations at the Closing. The obligations of the Company to sell the First Tranche Shares to Purchaser at the Closing are subject to the fulfillment, on or before such Closing, of each of the following conditions, unless otherwise waived:
