Common use of Conditions Precedent to Obligations of the Seller Clause in Contracts

Conditions Precedent to Obligations of the Seller. The obligation of the Seller to consummate the transactions contemplated by this Amendment is subject to the satisfaction of each of the following conditions; provided that these conditions are for the Seller’s sole benefit and may be waived by the Seller at any time in its sole discretion by providing the Purchaser with prior written notice thereof: (a) No order of any court, arbitrator or governmental or regulatory authority shall be in effect which purports to enjoin or restrain any of the transactions contemplated by this Amendment. (b) The representations and warranties of the Purchaser contained in Section 5 shall be true and correct in all material respects as of the date when made and as of the Closing Date. (c) The Closing (as defined in each Other Amendment) shall occur substantially contemporaneously with the Closing.

Conditions Precedent to Obligations of the Seller. The obligation of the Seller to consummate the transactions contemplated by this Amendment is subject to the satisfaction of each of the following conditions; provided that these conditions are for the Seller’s sole benefit and may be waived by the Seller at any time in its sole discretion by providing the Purchaser with prior written notice thereof: (a) No order of any court, arbitrator or governmental or regulatory authority shall be in effect which purports to enjoin or restrain any of the transactions contemplated by this Amendment. (b) The representations and warranties of the Purchaser contained in Section 5 6 shall be true and correct in all material respects as of the date when made and as of the Closing Date. (c) The Purchaser shall have received the Confirmation. (d) The Closing (as defined in each Other Amendment) shall occur substantially contemporaneously with the Closing. (e) The Company and the Noteholders shall have entered into the Note Agreements.