Common use of Conditions of the Obligations of the Underwriter Clause in Contracts

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase the Firm Securities and the Optional Securities, as the case may be, shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, the Closing Date and any Settlement Date pursuant to Section 4 hereof, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities, as the case may be, shall Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company contained herein (as of the Execution Time, the though made on such Closing Date and any Settlement Date pursuant to Section 4 hereofDate), to the accuracy of the statements of the Company officers made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase the Firm Securities and the Optional Securities, as the case may be, shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, the Closing Date and any Settlement Date settlement date pursuant to Section 4 hereof, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase arrange for the Firm Securities and sale of the Optional Securities, Shares as provided herein on the case may be, Closing Date shall be subject to (1) the accuracy of the representations and warranties on the part of the Company contained herein set forth in Section 1 hereof as of the Execution Time, date hereof and as of the Closing Date and any Settlement Date pursuant to Section 4 hereof, to as though then made; (2) 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 hereunder; and to (3) each of the following additional conditions:

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities and on the Optional Securities, as the case may be, shall Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company contained and the Selling Stockholder herein (as of the Execution Time, the though made on such Closing Date and any Settlement Date pursuant to Section 4 hereofDate), to the accuracy of the statements of the Company officers made in any certificates pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder of its their obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities, as the case may be, shall Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company contained herein (as of the Execution Time, the though made on such Closing Date and any Settlement Date pursuant to Section 4 hereofDate), to the accuracy of the statements of the Company Company’s officers made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Offered Securities and on the Optional Securities, as the case may be, shall Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company contained herein (as of the Execution Time, though made on the Closing Date and any Settlement Date pursuant to Section 4 hereofDate), to the accuracy of the statements of the Company officers made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Offered Securities and on the Optional Securities, as the case may be, shall Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, the Closing Date and any Settlement Date pursuant to Section 4 hereofherein, to the accuracy of the statements of the Company officers made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities, as the case may be, shall Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of and the Execution Time, the Closing Date and any Settlement Date pursuant to Section 4 hereofSelling Stockholder herein, to the accuracy of the statements of the Company officers made in any certificates pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholder of its their obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase the Firm Securities and the Optional Securities, as the case may be, shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, the Closing Date and any Settlement Date pursuant to Section 4 hereof, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder hereunder, including, if applicable, the last sentence of Section 4(c) hereof, and to the following additional conditions:

Conditions of the Obligations of the Underwriter. The obligations obligation of the Underwriter to purchase and pay for the Firm Offered Securities and on the Optional Securities, as the case may be, shall Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, the Closing Date and any Settlement Date pursuant to Section 4 hereofherein, to the accuracy of the statements of the Company officers made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter hereunder to purchase and pay for the Firm Securities and Offered Shares as provided herein on the Optional Securities, as the case may be, Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein and the Selling Stockholders set forth in Section 1 hereof as of the Execution Time, date hereof and as of the Closing Date and any Settlement Date pursuant to Section 4 hereofas 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 and the Selling Stockholders of its their respective covenants and other obligations hereunder hereunder, and to each of the following additional conditions:

Conditions of the Obligations of the Underwriter. (a) The obligations of the Underwriter to purchase and pay for the Firm Securities and the Optional Securities, as the case may be, shall be subject to the accuracy of the representations and warranties on the part of the Company contained and the Selling Shareholders herein as of the Execution Time, Applicable Time and on the Closing Date and any Settlement Date pursuant to Section 4 hereofDate, to the accuracy of the statements of Company’s officers and the Company Selling Shareholders’ officers made in any certificates pursuant to the provisions hereof, to the performance by the Company and the Selling Shareholders of its their obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities and Common Shares as provided herein on the Optional Securities, as the case may beClosing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein and the Selling Stockholders set forth in Sections 1A and 1B hereof as of the Execution Time, date hereof and as of the Closing Date and any Settlement Date pursuant to Section 4 hereofas 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 and the Selling Stockholders of its their respective covenants and other obligations hereunder hereunder, and to each of the following additional conditions:

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities and the Optional Securities, as the case may be, shall at each Time of Delivery will be subject to the accuracy of the representations and warranties on the part of the Company contained herein (as though made on such Time of the Execution Time, the Closing Date and any Settlement Date pursuant to Section 4 hereofDelivery), to the accuracy of the statements of the Company officers made in any certificates pursuant to the provisions hereof, to the performance by the Company of its their obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities and Shares as provided herein on the Optional Securities, as the case may be, Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein set forth in Section 1 hereof as of the Execution Time, date hereof and as of the Closing Date and any Settlement Date pursuant to Section 4 hereofas 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 hereunder, and to each of the following additional conditions:

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Offered Securities and the Optional Securities, as the case may be, shall will be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, the Closing Date and any Settlement Date pursuant to Section 4 hereofherein, to the accuracy of the statements of the Company officers made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities and the Optional Securities, as the case may be, shall will be subject to the accuracy in all material respects of the representations and warranties on the part of the Company contained herein as of and the Execution Time, the Closing Date and any Settlement Date pursuant to Section 4 hereofSelling Shareholder herein, to the accuracy in all material respects of the statements of Company officers and the Company Selling Shareholder made in any certificates pursuant to the provisions hereof, to the performance in all material respects by the Company and the Selling Shareholder of its their respective obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities and Offered Shares as provided herein on the Optional Securities, as the case may be, Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein and Selling Stockholders set forth in Section 1 and Section 2 hereof, respectively, as of the Execution Time, date hereof and as of the Closing Date and any Settlement Date pursuant to Section 4 hereof, 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 their covenants and other obligations hereunder hereunder, and to each of the following additional conditions:

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities and on the Optional Securities, as the case may be, shall Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company contained herein (as of the Execution Time, though made on the Closing Date and any Settlement Date pursuant to Section 4 hereofDate), to the accuracy of the statements of the Company officers made in any certificates pursuant to the provisions hereof, to the performance by the Company and the Trust of its each of their obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase the Firm Securities and Shares as provided herein on the Optional Securities, as the case may be, Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, the Closing Date and any Settlement Date pursuant to Section 4 hereof, 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 their covenants and other obligations hereunder hereunder, and to each of the following additional conditions:

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities and on the Optional Securities, as the case may be, shall Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, the Closing Date and any Settlement Date pursuant to Section 4 hereofherein, to the accuracy of the statements of the Company officers made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Offered Securities and on the Optional Securities, as the case may be, shall Closing Date will be subject to the accuracy in all material respects of the representations and warranties on the part of the Company contained herein as of and the Execution Time, the Closing Date and any Settlement Date pursuant to Section 4 hereofSelling Stockhold- ers herein, to the accuracy of the statements of the Company officers made in any certificates pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders of its their obligations hereunder hereun- der and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities and the Optional Securities, as the case may be, shall Bonds will be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, the Closing Date and any Settlement Date pursuant to Section 4 hereofherein, to the accuracy of the statements of officers of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Offered Securities and on the Optional Securities, as the case may be, shall Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of and the Execution Time, the Closing Date and any Settlement Date pursuant to Section 4 hereofPartnership herein, to the accuracy of the statements of the Company officers made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Offered Securities and the Optional Securities, as the case may be, shall will be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, the Closing Date and any Settlement Date pursuant to Section 4 hereofherein, to the accuracy of the statements of officers of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Offered Securities and the Optional Securities, as the case may be, shall on each Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company contained herein (as of the Execution Time, the though made on such Closing Date and any Settlement Date pursuant to Section 4 hereofDate), to the accuracy of the statements of the Company officers made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities and on the Optional Securities, as the case may be, shall Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of and the Execution Time, the Closing Date and any Settlement Date pursuant to Section 4 hereofapplicable Selling Stockholders herein, to the accuracy of the statements of the Company officers made in any certificates pursuant to the provisions hereof, to the performance by the Company and the applicable Selling Stockholders of its their obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Offered Securities and on the Optional Securities, as the case may be, shall Closing Date will be subject to the accuracy in all material respects of the representations and warranties on the part of the Company contained herein as of and the Execution Time, the Closing Date and any Settlement Date pursuant to Section 4 hereofSelling Securityholders herein, to the accuracy in all material respects of the statements of the Company officers made in any certificates pursuant to the provisions hereof, to the performance in all material respects by the Company and the Selling Securityholders of its their obligations hereunder and to the following additional conditionsconditions precedent:

Conditions of the Obligations of the Underwriter. The obligations of the Underwriter to purchase and pay for the Firm Securities Shares as provided herein on the Closing Date and the Optional Securitieseach applicable Date of Delivery, as the case may be, shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein and the Forward Seller in Sections 1 and 2, respectively, hereof, as of the Execution date hereof, the Applicable Time, the Closing Date and any Settlement each applicable Date pursuant to Section 4 hereofof Delivery, as if 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 hereunder, and to each of the following additional conditions: