Common use of Conditions of the Underwriters’ and the Forward Sellers’ Obligations Clause in Contracts

Conditions of the Underwriters’ and the Forward Sellers’ Obligations. The obligation of each Underwriter to purchase the Offered Shares on the Closing Date and each Option Closing Date and the obligation of the Forward Sellers to deliver and sell the Borrowed Underwritten Shares on the Closing Date and, with respect to the Borrowed Option Shares, each Option Closing Date, as provided herein are subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions:

Conditions of the Underwriters’ and the Forward Sellers’ Obligations. The obligation of each Underwriter to purchase the Offered Underwritten Shares on the Closing Date and each or the Option Shares on the Additional Closing Date Date, as the case may be, and the obligation of the Forward Sellers to deliver and sell the Borrowed Underwritten Shares on the Closing Date and, with respect to or the Borrowed Option Shares, each Option Shares on the Additional Closing Date, as the case may be, as provided herein are subject to the performance by the Company of its covenants and other obligations hereunder and to the following additional conditions: