Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date and, with respect to the Optional Notes, any Subsequent Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:
Appears in 2 contracts
Samples: Purchase Agreement (Aceto Corp), Purchase Agreement (Brocade Communications Systems Inc)
Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities Notes as provided herein on the First Closing Date and, with respect to the Optional Notes, any Subsequent the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Notes, as of the Second Closing Date as though then made, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:
Appears in 2 contracts
Samples: Purchase Agreement (Maxtor Corp), Purchase Agreement (Apria Healthcare Group Inc)
Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Firm Securities as provided herein on the Closing Date andand for the Option Securities, with respect to if any, as provided herein on the Optional Notes, any Subsequent Closing Date, Date shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the Closing Date or the Optional Closing Date, as the case may be, as though then made, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:
Appears in 1 contract
Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers hereunder to purchase and pay for the Initial Securities as provided herein on the First Closing Date and, with respect to the Optional NotesSecurities, any Subsequent each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 4 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Securities, as of each Option Closing Date as though then made, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:
Appears in 1 contract
Samples: Purchase Agreement (Omeros Corp)