Conditions of the Investor’s Obligations at Closing. The obligations of the Investor under subsection 1.1 of this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions.
Conditions of the Investor’s Obligations at Closing. The obligations of each Investor under Section 1 hereof are subject to the fulfillment on or before the Closing of each of the following conditions, as applicable, the waiver of which shall not be effective against an Investor who does not consent in writing thereto:
Conditions of the Investor’s Obligations at Closing. The obligations of the Investor at the Closing are subject to the fulfillment, on or before the Closing, of each of the following conditions, unless otherwise waived by the Investor:
Conditions of the Investor’s Obligations at Closing. The Investor's obligations to effect the Closing under this Agreement are subject to the satisfaction or waiver by the Investor on or before the Closing of each of the following conditions:
Conditions of the Investor’s Obligations at Closing. The obligations of each Investor to purchase the Convertible Promissory Notes and Warrants are subject to the fulfillment or waiver at or prior to the Closing of each of the following conditions:
Conditions of the Investor’s Obligations at Closing. Each Investor's obligation to purchase the Securities shall be subject to the following conditions, any one or more of which may be waived by such Investor: (a) the accuracy of the representations and warranties of the Company as of
Conditions of the Investor’s Obligations at Closing. Each Investor has been induced to enter into this Agreement based on the following matters having occurred on or before the Closing Date, unless waived in writing by the Investors purchasing 80% of the Series C-1 Preferred Stock:
Conditions of the Investor’s Obligations at Closing. The obligations of each Investor under this Agreement with respect to the purchase of the Notes are subject to the fulfillment on or before the Closing of each of the following conditions, unless waived by each Investor.
i) The Company, Parent and New Esmark shall have executed and delivered this Agreement to the Investors. New Esmark shall have executed and delivered the Registration Rights Agreement contemplated by Section 7 to the Investors. The Company shall have executed and delivered the Notes to the Investors.
ii) Any consents or approvals required to be secured by the Company for the consummation of the transactions contemplated by this Agreement shall have been obtained and shall be reasonably satisfactory to the Investors.
iii) The representations and warranties of the Company and Parent contained in Section 4 of this Agreement and of New Esmark contained in Section 5 of this Agreement shall be true and correct in all material respects on and as of the Closing with the same effect as though such representations and warranties had been made as of the Closing and the Company, Parent and New Esmark shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company, Parent and New Esmark at or prior to the Closing.
iv) There shall have been no material adverse change in the assets, liabilities (contingent or otherwise), affairs, business, operations, prospects or condition (financial or otherwise) of the Company prior to the Closing.
Conditions of the Investor’s Obligations at Closing. The obligations of each Investor under Article I of this Agreement are subject to the fulfillment on or before Closing of each of the following conditions, the waiver of which shall not be effective against any Investor who does not consent thereto.
Conditions of the Investor’s Obligations at Closing. The obligations of each Investor to purchase the Shares at Closing are subject to the fulfillment on or before the Closing of each of the following conditions, the waiver of which shall not be effective against any Investor who does not consent in writing thereto:
