Common use of Conditions Precedent of the Company Clause in Contracts

Conditions Precedent of the Company. The Closing of this Private Placement by the Company shall be subject to the satisfaction as confirmed by the Company or written waiver by the Company, of the following conditions precedent: (1) The Investors shall have executed and delivered originals of Transaction Documents to which it is a Party; (2) The representations and warranties made by the Investors in Section 5.2 are true, accurate, complete and not misleading as of the date hereof, and shall remain true, accurate, complete and not misleading as of the Closing Date, with the same force and effect as if made as of the Closing Date, except where any failure to be true and accurate would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Change. (3) Any covenants and agreements contained in this Agreement to be performed by the Investors on or prior to the Closing Date shall have been performed in material respects; (4) No governmental authority shall have formulated, promulgated, implemented or adopted any law, policy or governmental order that would render this Private Placement unlawful or otherwise restrict or prohibit this Private Placement; (5) The Investors shall have completed the of concentration filing of business operators and achieved Completion of ODI Approval/Filing Procedures (including, without limitation, the National Development and Reform Commission approval/filing, Ministry of Commerce approval/filing, and foreign exchange registration at the State Administration of Foreign Exchange); and (6) The Company shall have obtained the approval of its board of directors to conduct this Private Placement with respect to the execution and performance of the Transaction Documents.

Conditions Precedent of the Company. The Closing of this Private Placement by the Company shall be subject to the satisfaction as satisfaction, confirmed by the Company or written waiver by the Company, of the following conditions precedent: (1) The Investors Investor shall have executed and delivered originals of Transaction Documents to which it is a Party; (2) The representations and warranties made by the Investors Investor in Section 5.2 are true, accurate, complete and not misleading as of the date hereof, and shall remain true, accurate, complete and not misleading as of the Closing Date, with the same force and effect as if made as of the Closing Date, except where any failure to be true and accurate would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Change. (3) Any covenants and agreements contained in this Agreement to be performed by the Investors Investor on or prior to the Closing Date shall have been performed in material respects; (4) No governmental authority shall have formulated, promulgated, implemented or adopted any law, policy or governmental order that would render this Private Placement unlawful or otherwise restrict or prohibit this Private Placement; (5) The Investors Investor shall have completed the of concentration filing of business operators and achieved Completion of ODI Approval/Filing Procedures (including, without limitation, the National Development and Reform Commission approval/filing, Ministry of Commerce approval/filing, and foreign exchange registration at the State Administration of Foreign Exchange); and (6) The Company shall have obtained the approval of its board of directors shareholders to conduct this Private Placement with respect to the execution and performance of the Transaction Documents.