Common use of Conditions of the Obligations of the Initial Purchasers Clause in Contracts

Conditions of the Obligations of the Initial Purchasers. The obligations of the Initial Purchasers to purchase and pay for the Securities as provided herein on the First Closing Date and, with respect to the Optional Securities, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Issuers 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 Securities, as of the Second Closing Date as though then made, to the timely performance by each of the Issuers of its covenants and other obligations hereunder, and to each of the following additional conditions:

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 First Closing Date and, with respect to the Optional Securities, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Issuers Escrow Issuer (or, if the Merger is consummated on or prior to the Closing Date and upon execution of the Joinder Agreement, the Company and the Guarantors) 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 Securities, as of the Second Closing Date as though then made, and to the timely performance by each of the Issuers Escrow Issuer of its covenants and other obligations hereunder, and to each of the following additional conditions:

Conditions of the Obligations of the Initial Purchasers. The respective obligations of the several Initial Purchasers hereunder to purchase and pay for the Securities as provided herein on the First Closing Date and, with respect to the Optional Option Securities, the Second each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Issuers 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 Option Securities, as of the Second each Option Closing Date as though then made, to the timely performance by each of the Issuers Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Conditions of the Obligations of the Initial Purchasers. The obligations of the 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 Securities, the Second each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Issuers 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 the Second each Option Closing Date as though then made, to the timely performance by each of the Issuers Company of its covenants and other obligations hereunder, and to each of the following additional conditions: