CONDITIONS PRECEDENT TO THE COMPANY’S OBLIGATION. The obligation of the Company to exchange the Notes for the Exchange Shares with any Noteholder is subject to the following conditions (any or all of which may be waived by the Company in its sole discretion):
CONDITIONS PRECEDENT TO THE COMPANY’S OBLIGATION. The obligation of the Company to issue and sell the Commitment Shares at any Closing is subject to the fulfillment of the following conditions (any or all of which may be waived by the Company in its sole discretion):
CONDITIONS PRECEDENT TO THE COMPANY’S OBLIGATION. The obligation of the Company to effect the Exchange and Sale is subject to the following conditions (any or all of which may be waived by the Company in its sole discretion):
CONDITIONS PRECEDENT TO THE COMPANY’S OBLIGATION. The obligation of the Company to exchange the 2005 Exchanged Notes for the New Securities is subject to the following conditions (any or all of which may be waived by the Company in its sole discretion):
CONDITIONS PRECEDENT TO THE COMPANY’S OBLIGATION. TO SELL THE SHARES
(a) This Agreement, duly executed and delivered by the Investor;
(b) The payment of the Purchase Price in cleared funds.
CONDITIONS PRECEDENT TO THE COMPANY’S OBLIGATION. The obligation of the Company to sell the Second Lien Notes and the Warrants is subject to the fulfillment of the following conditions (any or all of which may be waived by the Company in its sole discretion):
CONDITIONS PRECEDENT TO THE COMPANY’S OBLIGATION. The obligations of the Company to consummate the transactions contemplated by this Agreement are subject to the satisfaction of each of the following conditions on or before the Closing Date, unless specifically waived in writing by the Company prior to the Closing:
7.1 Representations and Warranties The representations and warranties of Investor contained in this Agreement shall have been true and correct on the date of this Agreement, and shall be true and correct on the Closing Date as though made on and as of the Closing Date.
CONDITIONS PRECEDENT TO THE COMPANY’S OBLIGATION. The obligation of the Company Entities to consummate the transactions contemplated in this Agreement at the Closing is subject to the satisfaction of all of the following conditions, any of which may be waived (but only in writing) by the Company:
(a) Origen's and Bxxxxxx'x Representations and Warranties. All representations and warranties made by Origen and Bxxxxxx in this Agreement shall have been true and correct in all material respects on the date of this Agreement and shall be true and correct in all material respects as of the Closing Date with the same force and effect as if they had been made on and as of such date.
CONDITIONS PRECEDENT TO THE COMPANY’S OBLIGATION. The obligation of the Company to exchange the Exchanged Notes for the Units consisting of the Third Lien Notes and the Warrants is subject to the following conditions (any or all of which may be waived by the Company in its sole discretion):
CONDITIONS PRECEDENT TO THE COMPANY’S OBLIGATION. The obligations of the Company to consummate the purchase of the Shares on the Closing Date is subject to satisfaction of the following conditions (all or any of which may be waived by the Company):
