Conditions of the Obligations of the Agent. Your obligation to solicit offers to purchase Program Securities as agent of the Company, your obligation to purchase Program Securities as principal pursuant to any Notes Terms Agreement or Units Terms Agreement and the obligation of any other purchaser to purchase Program Securities will be subject to the accuracy of the representations and warranties on the part of the Company herein, to the accuracy of the statements of the Company’s officers made in each certificate furnished pursuant to the provisions hereof and to the performance and observance by the Company of all covenants and agreements herein contained on its part to be performed and observed (in the case of your obligation to solicit offers to purchase Program Securities, at the time of such solicitation, and, in the case of your or any other purchaser’s obligation to purchase Program Securities, at the time the Company accepts the offer to purchase such Program Securities and at the time of issuance and delivery) and (in each case) to the following additional conditions precedent when and as specified:
Conditions of the Obligations of the Agent. Your obligation to solicit offers to purchase Program Securities as agent of the relevant Issuer, your obligation to purchase Program Securities as principal pursuant to any Notes Terms Agreement, Units Terms Agreement or Warrants Terms Agreement and the obligation of any other purchaser to purchase Program Securities will be subject to the accuracy of the representations and warranties on the part of the relevant Issuer and the Guarantor, if applicable, herein, to the accuracy of the statements of the officers of the relevant Issuer and the Guarantor, if applicable, made in each certificate furnished pursuant to the provisions hereof and to the performance and observance by the relevant Issuer and the Guarantor, if applicable, of all covenants and agreements herein contained on its part to be performed and observed (in the case of your obligation to solicit offers to purchase Program Securities, at the time of such solicitation, and, in the case of your or any other purchaser’s obligation to purchase Program Securities, at the time the relevant Issuer accepts the offer to purchase such Program Securities and at the time of issuance and delivery) and (in each case) to the following additional conditions precedent when and as specified:
Conditions of the Obligations of the Agent. The obligations of the Agent (including with respect to any Settlement Date) are subject to the following conditions:
Conditions of the Obligations of the Agent. Your obligation to solicit offers to purchase Notes as agent of the Issuer, your obligation to purchase Notes as principal pursuant to any Terms Agreement and the obligation of any other purchaser to purchase Notes will be subject to the accuracy of the representations and warranties on the part of the Issuer herein, to the accuracy of the statements of the Issuer's officers made in each certificate furnished pursuant to the provisions hereof and to the performance and observance by the Issuer of all covenants and agreements herein contained on its part to be performed and observed (in the case of your obligation to solicit offers to purchase Notes, at the time of such solicitation, and, in the case of your or any other purchaser's obligation to purchase Notes, at the time the Issuer accepts the offer to purchase such Notes and at the time of issuance and delivery) and to the following additional conditions precedent when and as specified:
Conditions of the Obligations of the Agent. Your obligation under any Terms Agreement will be subject, in your reasonable discretion, to the condition that all representations and warranties and other statements of the Issuer herein are, at and as of such time of delivery of the Securities, true and correct, the condition that the Issuer shall have performed all of its obligations hereunder theretofore to be performed, and, except as otherwise provided in the applicable Terms Agreement, the following additional conditions:
Conditions of the Obligations of the Agent. The Company shall not complete the sale of any of the Placement Shares unless the representations and warranties on the part of the Company herein set forth are true as of the date of such sale and as of the consummation or settlement thereof (the "Closing Date") and:
Conditions of the Obligations of the Agent. Your obligations hereunder are subject, in your discretion, to the condition that all representations and warranties and other statements of the Company herein are, at and as of commencement of the Subscription and Community Offering and at and as of the Closing Date, true and correct in all material respects, the condition that the Company shall have performed in all material respects all of its obligations hereunder to be performed on or before such dates, and to the following further conditions (which are solely for your benefit), unless waived in writing by you:
Conditions of the Obligations of the Agent. The obligation of any Agent, as agent of the Company, at any time (“Solicitation Time”) to solicit offers to purchase the Securities and the obligation of any Agent to purchase Securities as principal, pursuant to any Terms Agreement or otherwise, shall in each case be subject, in the Agent’s discretion, to the condition that all representations and warranties and other statements of the Company herein (and, in the case of an obligation of the Agent under a Terms Agreement, in or incorporated by reference in such Terms Agreement) are true and correct at and as of the Commencement Date and any applicable date referred to in Section 4(k) hereof that is prior to such Solicitation Time or Time of Delivery, as the case may be, and at and as of such Solicitation Time or Time of Delivery, as the case may be, the condition that prior to such Solicitation Time or Time of Delivery, as the case may be, the Company shall have performed all of its obligations hereunder theretofore to be performed, and the following additional conditions:
Conditions of the Obligations of the Agent. The obligations of the Agent hereunder with respect to any order submitted by the Company to sell Placement Notes are subject to the accuracy of the representations and warranties of the Company herein, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions precedent:
Conditions of the Obligations of the Agent. The obligations of the Agent with respect to the consummation of the transactions contemplated hereby will be subject to the accuracy of the representations and warranties of the Transaction Entities and the Manager herein (as though made on the Settlement Date), to the accuracy of the statements of the Transaction Entities and the Manager made pursuant to the provisions hereof, to the performance by the Transaction Entities and the Manager of their obligations hereunder, to all contingencies and conditions described in this Agreement having been met and to the following additional conditions precedent:
