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 Shares to each Investor at the Closing is subject to the satisfaction, at or before the Closing Date, 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 Each Investor shall have executed this Agreement and the Registration Rights Agreement, and delivered it to the Company. 8.2 Each Investor shall acknowledge that it has read the definition of non-U.S. persons set forth in Exhibit B and hereby represents that it is a non-U.S. person. 8.3 Each Investor shall have paid the Purchase Price to the Company in accordance with the terms and conditions set forth in Section 4.3 above.

CONDITIONS PRECEDENT TO THE COMPANY’S OBLIGATIONS TO SELL. The obligation of the Company hereunder to issue and sell the Shares to each Investor at the Closing is subject to the satisfaction, at or before the Closing Date, 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 Each Investor shall have executed this Agreement and Agreement, the Registration Rights Agreement, and the Escrow Agreement, and delivered it to the Company. 8.2 Each Investor shall acknowledge that it has read the definition of non-U.S. persons set forth in Exhibit B C and hereby represents that it is a non-U.S. person. 8.3 Each Investor shall have paid the Purchase Price to the Company in accordance with the terms and conditions set forth in Section 4.3 above.