Common use of Conditions of the Company’s Obligations at the Closing Clause in Contracts

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.