CONDITIONS PRECEDENT TO OBLIGATIONS OF BUYER TO CLOSE. The obligations of Buyer to consummate the transactions contemplated by this Agreement are subject to the satisfaction or waiver, at or prior to the Closing, of each of the following conditions:
CONDITIONS PRECEDENT TO OBLIGATIONS OF BUYER TO CLOSE. SECTION 6.01. The obligations of the Buyer hereunder are, at its option, subject to the conditions that on or before the closing date:
CONDITIONS PRECEDENT TO OBLIGATIONS OF BUYER TO CLOSE. The obligations of Buyer to consummate the Contemplated Transactions is subject to the satisfaction, at or prior to the Closing, of each of the following conditions (any of which may be waived by Buyer, in whole or in part), and each of the Sellers shall use commercially reasonable efforts to cause such conditions to be fulfilled; provided, however, Buyer's election to proceed with the closing of the Contemplated Transactions shall not be deemed a waiver of any breach of any representation, warranty or covenant contained herein, whether or not known to Buyer or existing on the Closing Date:
CONDITIONS PRECEDENT TO OBLIGATIONS OF BUYER TO CLOSE. 9.1 Accuracy of Representations 29 9.2 Sellers’ Performance 30 9.3 No Order 30 9.4 Governmental Authorizations 30 9.5 Sellers’ Deliveries 30 9.6 Sale Order 30 ARTICLE 10
CONDITIONS PRECEDENT TO OBLIGATIONS OF BUYER TO CLOSE. 9.1 Accuracy of Representations 9.2 Seller’s Performance 9.3 No Order 9.4 Governmental Authorizations 14 9.5 Seller Deliveries 14 9.6 Consents 9.7 Financing 14 9.8 Damage to Assets 9.9 TIF Bonds 9.10 Ord Purchase Agreement. 14 9.11 Rail Access Agreement 14 ARTICLE 10
CONDITIONS PRECEDENT TO OBLIGATIONS OF BUYER TO CLOSE. The obligations of Buyer to consummate the transactions contemplated by this Agreement are subject to the satisfaction or waiver, at or prior to the Closing or such earlier date as set forth below, of each of the following conditions. To the extent that the deadline for satisfaction of any of the conditions set forth below is on a date prior to the Closing Deadline, Buyer shall be deemed to have waived such condition as a condition precedent to Closing if it does not object in writing, delivered to Seller, on or before the applicable deadline:
CONDITIONS PRECEDENT TO OBLIGATIONS OF BUYER TO CLOSE. 8.1 Accuracy of Representations 36 8.2 Sellers’ Performance 36 8.3 No Order 36 8.4 Sellers’ Deliveries 36 8.5 Bidding Procedures Order and Sale Order in Effect 36 8.6 Contracts with DMS 36 8.7 Cure of Defaults 37 8.8 No Casualty Loss 37 ARTICLE 9 Conditions Precedent to the Obligation of Sellers to Close 9.1 Accuracy of Representations 37 9.2 Sale Order in Effect 37 9.3 Buyer’s Performance 37 9.4 No Order 38 9.5 Buyer’s Deliveries 38 ARTICLE 10
CONDITIONS PRECEDENT TO OBLIGATIONS OF BUYER TO CLOSE. The obligations of Buyer under this Agreement to consummate the transactions contemplated hereby are not subject to any conditions.
CONDITIONS PRECEDENT TO OBLIGATIONS OF BUYER TO CLOSE
