Common use of CONDITIONS PRECEDENT TO THE COMPANY’S OBLIGATIONS TO SELL Clause in Contracts

CONDITIONS PRECEDENT TO THE COMPANY’S OBLIGATIONS TO SELL. The obligation of the Company hereunder to issue and sell the Securities to the Buyer at the Closings is subject to the satisfaction, at or before the respective Closing Dates, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion: 8.1 Buyer shall have executed the Transaction Documents and delivered them to the Company. 8.2 The representations and warranties of the Buyer shall be true and correct in all material respects as of the date when made and as of the Closing Dates as though made at that time (except for representations and warranties that speak as of a specific date), and the Buyer shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Buyer at or prior to the Closing Dates.

CONDITIONS PRECEDENT TO THE COMPANY’S OBLIGATIONS TO SELL. The obligation of the Company hereunder to issue and sell the Securities Preferred stock and Warrants to the Buyer Investors at the Closings Closing is subject to the satisfaction, at or before the respective Closing DatesDate, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion:. 8.1 Buyer (a) The Investors shall have executed the Transaction Documents that require Investors and delivered them to the Company. 8.2 (b) The Investors shall have delivered the deliverables specified in Section 2.2(b) of this Agreement. (c) The representations and warranties of the Buyer Investor shall be true and correct in all material respects as of the date when made and as of the applicable Closing Dates Date as though made at that time (except for representations and warranties that speak as of a specific date), and the Buyer Investor shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Buyer Investors at or prior to the applicable Closing DatesDate.

CONDITIONS PRECEDENT TO THE COMPANY’S OBLIGATIONS TO SELL. The obligation of the Company hereunder to issue and sell the Securities to the Buyer at the Closings is subject to the satisfaction, at or before the respective Closing Dates, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion: 8.1 Buyer shall have executed the Transaction Documents and delivered them to the Company. 8.2 The representations and warranties of the Buyer shall be true and correct in all material respects as of the date when made and as of the Closing Dates as though made at that time (except for representations and warranties that speak as of a specific date), and the Buyer shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Buyer at or prior to the Closing Dates. 8.3 That certain Drawdown Equity Facility Agreement and Registration Rights Agreement, each by and between the Company and Auctus Private Equity Fund, LLC, shall have been fully executed and be in full force and effect.

CONDITIONS PRECEDENT TO THE COMPANY’S OBLIGATIONS TO SELL. The obligation of the Company hereunder to issue and sell the Securities Shares and Warrants to the Buyer Investors at the Closings Closing is subject to the satisfaction, at or before the respective Closing DatesDate, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion:. 8.1 Buyer (a) The Investors shall have executed the Transaction Documents that require Investors and delivered them to the Company. 8.2 (b) The Investors shall have delivered the deliverables specified in Section 2.2(b) of this Agreement. (c) The representations and warranties of the Buyer Investor shall be true and correct in all material respects as of the date when made and as of the applicable Closing Dates Date as though made at that time (except for representations and warranties that speak as of a specific date), and the Buyer Investor shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Buyer Investors at or prior to the applicable Closing DatesDate.

CONDITIONS PRECEDENT TO THE COMPANY’S OBLIGATIONS TO SELL. The obligation of the Company hereunder to issue and sell the Securities to the Buyer at the Closings is subject to the satisfaction, at or before the respective Closing Dates, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion: 8.1 Buyer shall have executed the Transaction Documents and delivered them to the Company. 8.2 The representations and warranties of the Buyer shall be true and correct in all material respects as of the date when made and as of the Closing Dates as though made at that time (except for representations and warranties that speak as of a specific date), and the Buyer shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Buyer at or prior to the Closing Dates.

CONDITIONS PRECEDENT TO THE COMPANY’S OBLIGATIONS TO SELL. The obligation of the Company hereunder to issue and sell the Securities to the Buyer Buyers at the Closings Closing is subject to the satisfaction, at or before the respective Closing DatesDate, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion: 8.1 Buyer Buyers shall have executed the Transaction Documents that require Buyers’ execution, and delivered them to the Company. 8.2 Each of the Buyers shall have paid the portion of the Purchase Price applicable to such Buyer to the Escrow Agent. 8.3 The representations and warranties of the Buyer Buyers shall be true and correct in all material respects as of the date when made and as of the Closing Dates Date as though made at that time (except for representations and warranties that speak as of a specific date), and the Buyer Buyers shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Buyer Buyers at or prior to the Closing DatesDate.