Common use of Conditions of the Underwriters’ Obligations Clause in Contracts

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company on the date hereof, at the time of purchase and, if applicable, at the additional time of purchase, the performance by the Company of its obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company on contained herein or in certificates of any officer or other representative of the date Company and delivered pursuant to the provisions hereof, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company of its obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company on the date hereofherein contained, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company of its obligations hereunder hereunder, and to the following additional conditions precedentfurther conditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company in all material respects on the date hereof, hereof and at the time Closing Time and on each Date of purchase andDelivery, if applicable, at the additional time of purchase, (ii) the performance by the Company of its obligations hereunder in all material respects, and to (iii) the following additional conditions precedentfurther conditions:

Conditions of the Underwriters’ Obligations. The several obligations of the several Underwriters hereunder are to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company on contained herein as of the date Execution Time, the Closing Date, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company of its obligations hereunder and to the following additional conditions precedentconditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company on the date hereof, at the time of purchase and, if applicable, at the each additional time of purchase, the performance by the Company of its obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company on the date hereof, at the time of purchase and, if applicable, at the each additional time of purchase, the performance by the Company of its obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder to purchase the Underwritten Units are subject to the accuracy accuracy, as of the representations date hereof and at the Closing Date (as if made at the Closing Date), of and compliance with all representations, warranties on the part and agreements of the Company on the date hereof, at the time of purchase and, if applicable, at the additional time of purchasecontained herein, the performance by the Company of its obligations hereunder and to the following additional conditions precedentconditions:

Conditions of the Underwriters’ Obligations. The several obligations obligation of the Underwriters hereunder are Underwriter to sell the Certificates on a best efforts basis as provided herein shall be subject to the accuracy of the representations and warranties on the part of the Company on the date hereofCompany, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company of its obligations hereunder hereunder, and to the satisfaction of the following additional conditions precedentconditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company on and the Manager contained herein as of the date hereof, at the time Applicable Time, the Closing Time and each Date of purchase andDelivery (if any), if applicableor in certificates of any officer of the Company or the Manager delivered pursuant to the provisions hereof, at the additional time of purchase, to the performance by the Company and the Manager of its their respective covenants and other obligations hereunder hereunder, and to the following additional conditions precedentfurther conditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties on the part of the Company Holdings and each Selling Stockholder on the date hereof, hereof and at the time of purchase and, if applicable, at the additional time of purchase, the performance by the Company Holdings and each Selling Stockholder of its each of their respective obligations hereunder (except as would have a de minimis effect) and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to purchase and pay for the Shares to be delivered at each Time of Delivery shall be subject, in their discretion, to the accuracy of the representations and warranties on the part of the Company on contained herein as of the date hereof and as of such Time of Delivery, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company of its obligations hereunder covenants and agreements hereunder, and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy accuracy, on the date hereof and on the Delivery Date, of the representations and warranties on the part of the Company on the date hereofcontained herein, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company of its obligations hereunder hereunder, and to the satisfaction of each of the following additional conditions precedentand agreements:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties on the part of the Company on the date hereofherein contained, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company of its obligations hereunder hereunder, and to the following additional conditions precedentfurther conditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are to purchase and pay for the Notes shall be subject to the accuracy of the representations and the warranties on the part of the Company on herein contained as of the date hereof and as of the Closing Date, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company of its obligations hereunder and to the following additional conditions precedentconditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company and the Manager on the date hereof, at the time of purchase and, if applicable, at the additional time of purchase, the performance by the Company and the Manager of its their respective obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several respective obligations of the Underwriters hereunder are to purchase and pay for the Firm Shares shall be subject to the accuracy of the representations and warranties on the part of the Company on herein as of the date hereof and as of the Closing Date as if made on and as of the Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company of all of its obligations covenants and agreements hereunder and to the following additional conditions precedentconditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company in all material respects on the date hereof, hereof and at the time Closing Time and on each Date of purchase andDelivery, if applicable, at the additional time of purchase, as applicable (ii) the performance by the Company of its obligations hereunder hereunder, and to (iii) the satisfaction of the following additional conditions precedentfurther conditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company on the date hereof, at the time of purchase Time Of Purchase and, if applicable, at the additional time of purchaseeach Additional Time Of Purchase, the performance by the Company of its obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are shall be subject to the continuing accuracy of the representations and warranties on the part of the Company on herein as of the date hereof and as of each Closing Date, as if they had been made on and as of each Closing Date, the accuracy on and as of each Closing Date of the statements of officers of the Company made pursuant to the provisions hereof, at the time of purchase and, if applicable, at the additional time of purchase, and the performance by the Company on and as of each Closing Date of its covenants and obligations hereunder and to the following additional conditions precedentfurther conditions:

Conditions of the Underwriters’ Obligations. The several obligations obligation of the Underwriters Underwriter hereunder are to purchase the Offered Securities shall be subject to the accuracy of the representations and warranties on the part of the Company on contained herein as of the date hereof and as of the Closing Date, to the accuracy of the statements of the Company, the Servicer and the Special Servicer made in any certificate pursuant to the provisions hereof, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company in all material respects of its obligations hereunder and to the following additional conditions precedentconditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company on the date hereof, at the time of purchase and, if applicable, at the additional time of purchase, the performance by the Company of its obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters Underwriter hereunder are subject to the accuracy accuracy, when made and on each Delivery Date, of the representations and warranties on the part of the Company on the date hereofcontained herein, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company of its obligations hereunder hereunder, and to each of the following additional conditions precedentterms and conditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties on the part of the Company on the date hereof, at the time Time of purchase and, if applicable, Purchase and at the additional time Additional Time of purchasePurchase, as the case may be, the performance by the Company of its obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the several Underwriters to purchase and pay for the Units which the Underwriters have agreed to purchase hereunder are subject to to: the accuracy accuracy, as of the date hereof and as of the Closing Dates, of all of the representations and warranties on the part of the Company on contained in this Agreement; the date hereofCompany's compliance with, at the time of purchase andor performance of, if applicable, at the additional time of purchase, the performance by the Company all of its obligations hereunder covenants, undertakings and agreements contained in this Agreement that are required to be complied with or performed on or prior to each of the Closing Dates and to the following additional conditions precedentconditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties on the part of the Company on the date hereof, hereof and at the time of purchase and, if applicable, at the additional time of purchase, the performance by the Company of its obligations obligations, in all material respects, hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company on the date hereof, at the time Time of purchase and, if applicable, Purchase and at the additional time Additional Time of purchasePurchase, as applicable, the performance by the Company of its obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company on the date hereof, hereof and at the time Time of purchase and, if applicable, at the additional time of purchasePurchase, the performance by the Company of its obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the several Underwriters hereunder to purchase the Shares, the Preferred Shares and the Warrants are subject to the accuracy accuracy, as of the representations date hereof and at the Closing Date, of and compliance with all representations, warranties on the part and agreements of the Company on the date hereof, at the time of purchase and, if applicable, at the additional time of purchasecontained herein, the performance by the Company of its obligations hereunder and to the following additional conditions precedentconditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the respective representations and warranties on the part of the Company and each Selling Stockholder on the date hereof, at the time of purchase and, if applicable, at the additional time of purchase, the performance by the Company and each Selling Stockholder of its each of their respective obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder to purchase the Units are subject to the accuracy accuracy, as of the representations date hereof and at the Closing Date (as if made at the Closing Date), of and compliance with all representations, warranties on the part and agreements of the Company on the date hereof, at the time of purchase and, if applicable, at the additional time of purchasecontained herein, the performance by the Company of its obligations hereunder and to the following additional conditions precedentconditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company on the date hereof, hereof and at the time Time of purchase andPurchase and each Additional Time of Purchase, if applicable, at the additional time of purchaseany, the performance by the Company of its obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the several Underwriters hereunder are to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company on contained herein as of the date hereof, at the time Closing Date, to the accuracy of purchase andthe statements of the Company made in any certificates pursuant to the provisions hereof, if applicable, at the additional time of purchase, to the performance by the Company of its obligations hereunder and to the following additional conditions precedentconditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company Holdings on the date hereof, at the time hereof and each Time of purchase and, if applicable, at the additional time of purchaseDelivery, the performance by the Company Holdings of its obligations hereunder (except as would have a de minimis effect) and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several respective obligations of the Underwriters hereunder are subject to the accuracy accuracy, when made and on each Delivery Date, of the representations and warranties on the part of the Company on the date hereofcontained herein, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company of its obligations hereunder hereunder, and to each of the following additional conditions precedentterms and conditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company on the date hereof, at the time Time of purchase and, if applicable, at the additional time of purchasePurchase, the performance by the Company of its obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company on the date hereof, hereof and at the time Closing Date (and the several obligations of purchase and, if applicable, the Underwriters at the additional time Option Closing Date are subject to the accuracy of purchasethe representations and warranties on the part of the Company on the date hereof and at the Closing Date (unless previously waived) and at the Option Closing Date, as the case may be), the performance by the Company of its obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several respective obligations of the Underwriters hereunder are to purchase and pay for the Firm Shares shall be subject to the accuracy of the representations and warranties on the part of the Company on herein as of the date hereof and as of the Closing Date as if made on and as of the Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company and the Selling Shareholders of its obligations all of their respective covenants and agreements hereunder and to the following additional conditions precedentconditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholder contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of the date Selling Stockholder delivered pursuant to the provisions hereof, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company and the Selling Stockholder of its their respective covenants and other obligations hereunder hereunder, and to the following additional conditions precedentfurther conditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company in all material respects on the date hereof, hereof and at the time Closing Time and on each Date of purchase and, if applicable, at the additional time of purchaseDelivery, the performance by the Company of its obligations hereunder in all material respects and to the following additional conditions precedentfurther conditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters each Underwriter hereunder are subject to (i) the accuracy of the representations and warranties on the part of the Company on the date hereof, at the time of purchase andClosing Time and any Secondary Closing Time, if as applicable, at (ii) the additional time accuracy of purchasethe statements of the Company’s officers made in any certificate pursuant to the provisions hereof as of the date of such certificate, (iii) the performance by the Company of all of its respective covenants and other obligations hereunder in all material respects, and to (iv) the following additional conditions precedentother conditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company Partnership on the date hereof, at the time of purchase and, if applicable, at the additional time of purchase, the performance by the Company Partnership of its obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are to purchase and pay for the Securities, and Warrants, if any, as provided herein shall be subject to the accuracy accuracy, as of the date hereof and the Closing Date (as if made at the Closing Date), of the representations and warranties on the part of the Company on the date hereofherein, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company of its obligations hereunder hereunder, and to the following additional conditions precedentconditions:

Conditions of the Underwriters’ Obligations. The several respective obligations of the Underwriters hereunder hereunder, as to the Securities to be delivered at the Time of Delivery, are subject to the accuracy accuracy, when made and at and as of the Time of Delivery, of the representations and warranties on the part of the Company on the date hereofTransaction Entities contained herein, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company each Transaction Entity of its obligations hereunder hereunder, and to each of the following additional conditions precedentterms and conditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties on the part of the Company on and the date hereofSellers herein contained, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company Sellers of its their respective obligations hereunder hereunder, and to the following additional conditions precedentfurther conditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties on the part of the Company and the Selling Stockholders contained herein or in certificates of any officer of the Company or any of its subsidiaries or on behalf of any Selling Stockholder delivered pursuant to the date provisions hereof, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company and each Selling Stockholder of its their respective covenants and other obligations hereunder hereunder, and to the following additional conditions precedentfurther conditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company on the date hereof, hereof and at the time of purchase and, if applicable, (and the several obligations of the Underwriters at the additional Option Closing Date are subject to the accuracy of the representations and warranties on the part of the Company on the date hereof and at the time of purchasepurchase (unless previously waived) and at the Option Closing Date, as the case may be), the performance by the Company of its obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several respective obligations of the Underwriters hereunder under the Agreement with respect to the Underwritten Shares are subject to the accuracy accuracy, on the date hereof and on the Delivery Date, of the representations and warranties on the part of the Company on the date hereofcontained herein, at the time of purchase and, if applicable, at the additional time of purchase, the to performance by the Company of its obligations hereunder hereunder, and to each of the following additional terms and conditions precedent:applicable to the Underwritten Shares.

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder hereunder, as to the Shares to be delivered at each Time of Delivery, are subject to the accuracy accuracy, when made and at and as of such Time of Delivery, of the representations and warranties on the part of the Company on and the date hereofSelling Stockholders contained herein, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company and the Selling Stockholders of its each of their obligations hereunder hereunder, and to each of the following additional conditions precedentterms and conditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties on the part of the Company on and the date hereofSeller herein contained, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company Seller of its obligations hereunder hereunder, and to the following additional conditions precedentfurther conditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company on the date hereof, hereof and at the time of purchase and, if applicable, at the additional time of purchase, the performance by the Company of its obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy accuracy, at the Execution Time, on the Delivery Date and on any settlement date, of the representations and warranties on the part of the Company on the date hereofcontained herein, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company of its obligations hereunder hereunder, and to each of the following additional conditions precedentterms and conditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder to purchase the Shares and the ADSs are subject to the accuracy accuracy, as of the representations date hereof and at the Closing Date (as if made at the Closing Date), of and compliance with all representations, warranties on the part and agreements of the Company on the date hereof, at the time of purchase and, if applicable, at the additional time of purchasecontained herein, the performance by the Company of its obligations hereunder and to the following additional conditions precedentconditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company and the Manager on the date hereof and at the time of purchase (and the several obligations of the Underwriters at any additional time of purchase are subject to the accuracy of the representations and warranties on the part of the Company and the Manager on the date hereof, at the time of purchase and, if applicable, (unless previously waived) and at the any additional time of purchase, as the case may be), the performance by the Company of its obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy accuracy, when made and as of the Applicable Time and on the Closing Date, of the representations and warranties on the part of the Company on contained herein, to the date accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company of its obligations hereunder hereunder, and to each of the following additional conditions precedentterms and conditions:

Conditions of the Underwriters’ Obligations. The several obligations of the ------------------------------------------- Underwriters hereunder are subject to purchase and pay for the Shares to be delivered at each Time of Delivery shall be subject, in their discretion, to the accuracy of the representations and warranties on the part of the Company on contained herein as of the date hereof and as of such Time of Delivery, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company of its obligations hereunder covenants and agreements hereunder, and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder hereunder, as to the Shares to be delivered at each Time of Delivery, are subject to the accuracy accuracy, when made and at and as of such Time of Delivery, of the representations and warranties on the part of the Company on and the date hereofSelling Stockholder contained herein, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company and the Selling Stockholder of its each of their obligations hereunder hereunder, and to each of the following additional conditions precedentterms and conditions:

Conditions of the Underwriters’ Obligations. The several obligations of the several Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company on Company, Caribiner and the date hereofSelling Stockholders herein contained, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company Company, Caribiner and the Selling Stockholders of its their respective obligations hereunder in all material respects, and to the following additional conditions precedentfurther conditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company Company, the Adviser and the Administrator on the date hereof, at the time of purchase and, if applicable, at the additional time of purchase, the performance by the Company Company, the Adviser and the Administrator of each of its obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the respective representations and warranties on the part of the Company and each Selling Securityholder on the date hereof, at the time of purchase and, if applicable, at the additional time of purchase, the performance by the Company and each Selling Securityholder of its each of their respective obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several respective obligations of the several Underwriters hereunder are subject to the accuracy accuracy, as of the date hereof and on each Delivery Date (as if made on such date), of the representations and warranties on of the part Company, the agreements of the Company on the date hereof, at the time of purchase and, if applicable, at the additional time of purchase, the performance by the Company of its obligations hereunder and to each of the following additional conditions precedentterms and conditions:

Conditions of the Underwriters’ Obligations. The several respective obligations of the Underwriters hereunder are subject to purchase and pay for the Firm Notes shall be subject, in their discretion, to the accuracy of the representations and warranties on the part of the Company on herein as of the date hereof and as of the Closing Date as if made on and as of the Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company of its obligations all of their covenants and agreements hereunder and to the following additional conditions precedentconditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the respective representations and warranties on the part of the Company Parties and on the date hereof, at the time of purchase and, if applicable, at the additional time of purchase, the performance by the Company Parties of its their respective obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company on the date hereof, at and on the time date of the closing of the purchase andof the Firm Shares or the Additional Shares, if applicableas the case may be (each, at the additional time of purchasea “Closing Date”), the performance by the Company of its obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the respective representations and warranties on the part of the Company on the date hereof, at the time of purchase and, if applicable, at the any additional time of purchase, the performance by the Company of its obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company and each Selling Stockholder on the date hereof, at the time of purchase and, if applicable, at the additional time of purchase, the performance by the Company and each Selling Stockholder of its each of their respective obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the several Underwriters hereunder are to purchase the Securities, shall be subject to the accuracy of the representations and warranties on the part of the Company on contained herein as of the date hereof, at the time Closing Date, to the accuracy of purchase andthe statements of the Company made in any certificates pursuant to the provisions hereof, if applicable, at the additional time of purchase, to the performance by the Company of its obligations hereunder and to the following additional conditions precedentconditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are ------------------------------------------- Underwriter to purchase and pay for the Debentures shall be subject in its discretion to the accuracy of and compliance with the representations and the warranties on the part of the Company on herein contained as of the date hereofhereof and the Closing Date, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company of its obligations hereunder and to the following additional conditions precedentconditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to purchase and pay for the Shares to be delivered at each Time of Delivery shall be subject, in their discretion, to the accuracy of the representations and warranties on the part of the Company on contained herein as of the date hereof and as of such Time of Delivery, to the accuracy of the statements of the Company’s officers made pursuant to the provisions hereof, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company of its obligations hereunder covenants and agreements hereunder, and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the respective representations and warranties on the part of the Company Partnership Parties on the date hereof, at the time of purchase and, if applicable, at the additional time of purchase, the performance by the Company Partnership Parties of its each of their respective obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company on the date hereof, at the time of purchase and, if applicable, at the additional time of purchase, the performance by the Company of its obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several Underwriter's obligations of to use the Underwriters hereunder are Underwriter's best efforts to sell the Membership Interests as provided herein shall be subject to the accuracy of the representations and warranties on the part of the Company on and the Holder as of the date hereof, hereof and at the time of purchase andeach Closing, if applicable, at the additional time of purchase, to the performance by the Company and the Holder of its their respective obligations hereunder hereunder, and to the following additional conditions precedentconditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company and the Manager on the date hereof, at the time of purchase and, if applicable, at the additional time of purchase, the performance by each of the Company and the Manager of its their respective obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters Underwriter hereunder to purchase the Underwritten Units are subject to the accuracy accuracy, as of the representations date hereof and at the Closing Date (as if made at the Closing Date), of and compliance with all representations, warranties on the part and agreements of the Company on the date hereof, at the time of purchase and, if applicable, at the additional time of purchasecontained herein, the performance by the Company of its obligations hereunder and to the following additional conditions precedentconditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters and the Independent Underwriter hereunder are subject to the accuracy of the respective representations and warranties on the part of the Company and each Selling Stockholder on the date hereof, at the time Time of purchase Purchase and, if applicable, at the additional time of purchase, the performance by the Company and each Selling Stockholder of its each of their respective obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties on the part of the Company on the date hereof, at the time of purchase and, if applicable, at the additional time of purchase, the performance by the Company of its obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to purchase and pay for the Shares to be delivered at each Time of Delivery shall be subject, in their discretion, to the accuracy of the representations and warranties on the part of the Company on contained herein as of the date hereof and as of such Time of Delivery, to the accuracy of the statements of Company officers made pursuant to the provisions hereof, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company of its obligations hereunder respective covenants and agreements hereunder, and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the several Underwriters hereunder are to purchase the Underwritten Securities and the Option Securities, as the case may be, shall be subject to the accuracy of the representations and warranties on the part of the Company on contained herein as of the date hereof, at the time Closing Date and any settlement date, to the accuracy of purchase andthe statements of the Company made in any certificates pursuant to the provisions hereof, if applicable, at the additional time of purchase, to the performance by the Company of its obligations hereunder and to the following additional conditions precedentconditions:

Conditions of the Underwriters’ Obligations. The several obligations of the several Underwriters hereunder are to purchase and pay for the Securities, as provided herein, shall be subject to the continuing accuracy of the representations and warranties on the part of the Company on as of the date hereof, at hereof and as of each of the time of purchase andClosing Date and the Option Closing Date, if applicableany, at to the additional time accuracy of purchase, the statements of officers of the Company made pursuant to the provisions hereof and to the performance by the Company of its obligations hereunder and to the following additional conditions precedentconditions:

Conditions of the Underwriters’ Obligations. The several obligations of the several Underwriters hereunder are subject to the accuracy accuracy, when made and on each Delivery Date, of the representations and warranties on the part of the Company on the date hereofcontained herein, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company of its obligations hereunder hereunder, and to each of the following additional conditions precedentterms and conditions:

Conditions of the Underwriters’ Obligations. The several respective obligations of the Underwriters hereunder under the Agreement with respect to the Underwritten Securities are subject to the accuracy accuracy, on the date hereof and on the Delivery Date, of the representations and warranties on the part of the Company on the date hereofcontained herein, at the time of purchase and, if applicable, at the additional time of purchase, the to performance by the Company of its obligations hereunder hereunder, and to each of the following additional terms and conditions precedent:applicable to the Underwritten Securities.

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company on the date hereof, hereof and at the time Closing Time and on each Date of purchase and, if applicable, at the additional time of purchaseDelivery, the performance by the Company of its obligations hereunder and to the following additional conditions precedentconditions:

Conditions of the Underwriters’ Obligations. The several respective obligations of the Underwriters hereunder are subject to purchase and pay for the Firm Notes shall be subject, in their discretion, to the accuracy of the representations and warranties on the part of the Company on herein as of the date hereof and as of the Closing Date as if made on and as of the Closing Date, to the accuracy of the statements of the Company's officers made pursuant to the provisions hereof, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company of all of its obligations covenants and agreements hereunder and to the following additional conditions precedentconditions:

Conditions of the Underwriters’ Obligations. The several obligations of the several Underwriters hereunder are to purchase the Underwritten Securities and the Option Securities, as the case may be, shall be subject to the accuracy of the representations and warranties on the part of the Company on contained herein as of the date hereof and the Closing Date, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company of its obligations hereunder and to the following additional conditions precedentconditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the respective representations and warranties on the part of the Company on the date hereof, at the time of purchase and, if applicable, at the additional time of purchase, the performance by the Company of its obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company on the date hereof, at the time of purchase and, if applicable, at the additional time of purchase, 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 precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are to purchase and pay for the Securities, as provided herein, shall be subject to the continuing accuracy of the representations and warranties on the part of the Company on as of each of the date hereof, at Closing Date and the time of purchase andOption Closing Date, if applicableany, at to the additional time accuracy of purchase, the statements of officers of the Company made pursuant to the provisions hereof and to the performance by the Company of its obligations hereunder and to the following additional conditions precedentconditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters Underwriter hereunder are subject to the accuracy accuracy, as of the representations date hereof and at the Closing Date (as if made at such Closing Date), of and compliance with all representations, warranties on the part and agreements of the Company on the date hereofcontained herein, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company of its obligations hereunder and to the following additional conditions precedentconditions:

Conditions of the Underwriters’ Obligations. The several obligations ------------------------------------------- of the Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties on the part of the Company on the date hereofherein contained, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company of its obligations hereunder hereunder, and to the following additional conditions precedentfurther conditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are to purchase the Firm Shares and the Optional Shares, as the case may be, shall be subject to the accuracy of the representations and warranties on the part of the Company on and the date hereof, at Partnership contained herein as of the time of purchase andexecution hereof, if applicablethe Closing Date and any Option Closing Date, at to the additional time accuracy of purchasethe statements of the Company and the Partnership made in any certificates pursuant to the provisions hereof, to the performance by the Company and the Partnership of its their obligations hereunder and to the following additional conditions precedentconditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company on the date hereofcontained herein, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company of its obligations hereunder hereunder, and to each of the following additional conditions precedentterms and conditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company on the date hereof, at the time of purchase and, if applicable, at the additional time of purchase, the performance by the Company of its obligations obligations, in all material respects, hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters Underwriter hereunder are subject to the accuracy of the representations and warranties on the part of the Company on and the Selling Shareholders set forth herein as of the date hereof, at the time Closing Date and the Additional Closing Date, as the case may be, to the accuracy of purchase andthe statements of the Company’s directors and officers, if applicable, at the additional time of purchase, to the performance by the Company of its obligations hereunder and to the following additional conditions precedent, except to the extent expressly waived in writing by the Underwriter:

Conditions of the Underwriters’ Obligations. The several respective obligations of the several Underwriters hereunder to purchase the Securities are subject to the accuracy accuracy, as of the representations date hereof and at the Closing Date, of and compliance in all material respects with all representations, warranties on the part and agreements of the Company on the date hereof, at the time of purchase and, if applicable, at the additional time of purchasecontained herein, the performance by the Company of its obligations hereunder and to the following additional conditions precedentconditions:

Conditions of the Underwriters’ Obligations. The several Underwriter’s obligations to act as agent of the Underwriters Company hereunder are and to find purchasers for the Units shall be subject to the accuracy accuracy, as of the Closing Date, of the representations and warranties on the part of the Company on herein contained, to the date hereof, at the time fulfillment of purchase and, if applicable, at the additional time of purchase, the performance or compliance by the Company of its obligations hereunder with all covenants and conditions hereof, and to the following additional conditions precedentconditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are to purchase and pay for the Shares, as provided herein, shall be subject to (i) the continuing accuracy of the representations and warranties on the part of the Company on as of the date hereof, at hereof and as of each of the time of purchase andClosing Date and the Option Closing Date, if applicable, at any; (ii) the additional time accuracy of purchase, the statements of officers of the Company made pursuant to the provisions hereof; (iii) the performance by the Company of its obligations hereunder and to (iv) the following additional conditions precedentconditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy in all material respects (to the extent not otherwise qualified therein as to materiality or Material Adverse Effect) of the representations and warranties on the part of the Company on the date hereof, hereof and at the time of purchase and, if applicable, at the additional time of purchase, the performance by the Company Company, in all material respects, of its obligations hereunder and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy of the representations and warranties on the part of the Company Holdings and each Selling Stockholder on the date hereof, at the time of purchase and, if applicable, at the additional time of purchase, the performance by the Company Holdings and each Selling Stockholder of its each of their respective obligations hereunder (except as would have a de minimis effect) and to the following additional conditions precedent:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder to purchase the Shares on the Closing Date or the Additional Closing Date, as the case may be, are subject to the accuracy of the representations and warranties on the part of the Company on the date hereof, at the time of purchase and, if applicable, at the additional time of purchase, the performance by the Company of its their obligations hereunder and to the following additional conditions precedentconditions:

Conditions of the Underwriters’ Obligations. The several obligations of the Underwriters hereunder are subject to the accuracy accuracy, when made and on each Delivery Date, of the representations and warranties on the part of the Company on and the date hereofTrust contained herein, at the time of purchase and, if applicable, at the additional time of purchase, to the performance by the Company of its obligations hereunder hereunder, and to the satisfaction of each of the following additional conditions precedentand agreements: