Conditions Precedent to Formation. The obligations of both Cyprus and Xxxxxxxxx to execute (or cause the execution of) the Organization Documents and make, or cause to be made, the Initial Capital Contributions and complete the other transactions described in this Agreement are subject to the completion of all of the items comprising the Closing Agenda, or the mutual waiver by Cyprus and Xxxxxxxxx of completion of any items not so completed. It is a further condition each party’s obligation to close the transactions set forth in this Agreement that all representations and warranties made by the other party in Subsection 9 and 10 respectively remain true and accurate as of the Closing Date.
Appears in 8 contracts
Samples: Asset Purchase Agreement (Armstrong Coal Company, Inc.), Formation and Transfer Agreement (Armstrong Coal Company, Inc.), Formation and Transfer Agreement (Armstrong Energy, Inc.)
