Common use of CONDITIONS PRECEDENT TO OBLIGATIONS OF PENTACON AND NEWCO Clause in Contracts

CONDITIONS PRECEDENT TO OBLIGATIONS OF PENTACON AND NEWCO. The obligations of Pentacon and Newco with respect to actions to be taken on the Closing Date are subject to the satisfaction or waiver on or prior to the Closing Date of all of the following conditions. The obligations of Pentacon and Newco with respect to actions to be taken on the Consummation Date are subject to the satisfaction or waiver on or prior to the Consummation Date of the conditions set forth in Sections 9.1, 9.4 and 9.13. As of the Closing Date or, with respect to the conditions set forth in Sections 9.1, 9.4 and 9.13, as of the Consummation Date, if any such conditions have not been satisfied, Pentacon and Newco shall have the right to terminate this Agreement, or waive any such condition, but no such waiver shall be deemed to affect the survival of the representations and warranties contained in Section 5 hereof.