CONDITIONS PRECEDENT TO THE COMPANY'S OBLIGATION TO CLOSE. The obligations of the Company are, at its option, subject to satisfaction, at or prior to the Closing Date, of each of the following conditions:
CONDITIONS PRECEDENT TO THE COMPANY'S OBLIGATION TO CLOSE. The obligation of the Company to issue Company Shares to the Investors at the Closing is subject to the satisfaction of each of the following conditions, all or any of which may be waived in writing by the Company:
CONDITIONS PRECEDENT TO THE COMPANY'S OBLIGATION TO CLOSE. The Company’s obligation to repurchase the Subject Notes and to take the other actions required to be taken by the Company pursuant to this Agreement is subject to the satisfaction, or waiver, of the following conditions:
CONDITIONS PRECEDENT TO THE COMPANY'S OBLIGATION TO CLOSE. The Company’s obligation to accept the contribution of the Contributed Assets and to take the other actions required to be taken by the Company at the Closing is subject to the satisfaction, at or prior to the Closing, of each of the following conditions (any of which may be waived by the Company, in whole or in part, in writing):
CONDITIONS PRECEDENT TO THE COMPANY'S OBLIGATION TO CLOSE. Notwithstanding any other provision herein, the obligations of the Company to consummate the transactions contemplated hereunder are, at the option of the Company, subject to the satisfaction of each of the conditions set forth below:
CONDITIONS PRECEDENT TO THE COMPANY'S OBLIGATION TO CLOSE. The Company’s obligation to issue the Conversion Shares and to take the other actions required to be taken by the Company pursuant to this Agreement is subject to the satisfaction, or waiver, of the following conditions:
3.1 The representations and warranties of the Holder made in this Agreement shall be true and correct in all respects, as of the date hereof and as of the Closing Date as though then made.
3.2 The Holder shall have duly performed and complied with all of the obligations that the Holder is required to perform or to comply with pursuant to this Agreement on or prior to the Closing Date.
CONDITIONS PRECEDENT TO THE COMPANY'S OBLIGATION TO CLOSE. The Company’s obligation to consummate the Merger and to take the other actions required to be taken by the Company at the Closing is subject to the satisfaction, at or prior to the Closing, of each of the following conditions (any of which may be waived by the Designated Agent on behalf of the Agent Committee, in whole or in part, in accordance with Section 10.12):
CONDITIONS PRECEDENT TO THE COMPANY'S OBLIGATION TO CLOSE. The Company's obligations to effect the Merger and otherwise consummate the transactions contemplated by this Agreement are subject to the satisfaction, at or prior to the Closing, of each of the following conditions (any of which may be waived by the Company, in whole or in part):
CONDITIONS PRECEDENT TO THE COMPANY'S OBLIGATION TO CLOSE. The Company's obligation to consummate the transactions contemplated by this Agreement is subject to the satisfaction, at or prior to the Closing Date, of each of the following conditions (any of which may be waived by the Company, in whole or in part):
CONDITIONS PRECEDENT TO THE COMPANY'S OBLIGATION TO CLOSE. The Company’s obligation to issue the New Debentures in exchange for the Subject Debentures and to take the other actions required to be taken by the Company pursuant to this Agreement are subject to the satisfaction, or waiver, of the following conditions:
3.1 The representations and warranties of the Holder made in Section 4 and in Schedule “E” shall be true and correct in all respects, as of the date hereof and as of the Closing Time as though then made (except for representations and warranties that speak as of a specific date or time which shall be true and correct in all respects as of such specified date or time).
3.2 The Holder shall have duly performed and complied with all of the obligations that the Holder is required to perform or to comply with pursuant to this Agreement on or prior to the Closing Time.
3.3 The Shares shall have been approved for listing by the NYSE MKT and conditionally approved for listing by the TSX (subject only to compliance with the documentary filing requirements of the TSX set forth in a conditional approval letter of the TSX).
3.4 The Trustee shall have executed the New Indenture regarding the issuance of the New Debentures.
3.5 No action or proceeding shall be pending or threatened by any person to enjoin, restrict or prohibit any of the transactions contemplated by this Agreement and no order, ruling or decision has been or will have been issued or granted by a court or other regulatory or administrative authority that has the effect of prohibiting or restricting any distribution or trade of the New Debentures or the Shares issuable thereunder and no proceedings for such purposes have been instituted or are pending or threatened.
