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

CONDITIONS PRECEDENT TO THE COMPANY'S OBLIGATIONS. The obligations of the Company to each Investor under this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions by the Investors, unless such condition or conditions are expressly waived in writing by the Company: (a) The representations and warranties of each of the Investors contained in Section 6 shall be true on and as of the Closing in all material respects as though such representations and warranties had been made on and as of the Closing Date, except for representations and warranties made as of a particular date, which shall be true and correct as of such date. (b) Each Investor shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the Closing. (c) No statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by any court or governmental authority of competent jurisdiction which prohibits the consummation of any of the transactions contemplated by this Agreement. (d) Each Investor shall have delivered the Purchase Price for the Series A Preferred Shares.

CONDITIONS PRECEDENT TO THE COMPANY'S OBLIGATIONS. The obligations of the Company to each Investor under this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions by the InvestorsInvestor, unless such condition or conditions are expressly waived in writing by the Company: (a) a. The representations and warranties of each of the Investors Investor contained in Section 6 4 shall be true on and as of the Closing in all material respects with the same effect as though such representations and warranties had been made on and as of the Closing Datedate of such Closing, except for representations and warranties made as of a particular date, which shall be true and correct as of such date. (b) Each b. The Investor shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the Closing. (c) c. No statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by any court or governmental authority of competent jurisdiction which prohibits the consummation of any of the transactions contemplated by this Agreement. (d) Each d. The Investor shall have delivered the Purchase Price for the Series A Preferred Common Shares.

CONDITIONS PRECEDENT TO THE COMPANY'S OBLIGATIONS. The obligations of the Company to each Investor under this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions by the Investors, unless such condition or conditions are expressly waived in writing by the Company: (a) a. The representations and warranties of each of the Investors contained in Section 6 4 shall be true on and as of the Closing in all material respects as though such representations and warranties had been made on and as of the Closing Datedate of such Closing, except for representations and warranties made as of a particular date, which shall be true and correct as of such date. (b) b. Each Investor shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the Closing. (c) c. No statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by any court or governmental authority of competent jurisdiction which prohibits the consummation of any of the transactions contemplated by this Agreement. (d) d. Each Investor shall have delivered the its respective Purchase Price for the Series A Preferred Common Shares.

CONDITIONS PRECEDENT TO THE COMPANY'S OBLIGATIONS. The obligations of the Company to each the Investor under this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions by the InvestorsInvestor, unless such condition or conditions are expressly waived in writing by the Company: (a) The representations and warranties of each of the Investors Investor contained in Section 6 5 shall be true on and as of the Closing in all material respects as though such representations and warranties had been made on and as of the Closing Date, except for representations and warranties made as of a particular date, which shall be true and correct as of such date. (b) Each The Investor shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the Closing. (c) No statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by any court or governmental authority of competent jurisdiction which prohibits the consummation of any of the transactions contemplated by this Agreement. (d) Each The Investor shall have delivered the Purchase Price for the Series A Preferred Shares.

CONDITIONS PRECEDENT TO THE COMPANY'S OBLIGATIONS. The obligations of the Company to each Investor under this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions by the InvestorsInvestor, unless such condition or conditions are expressly waived in writing by the Company: (a) The representations and warranties of each of the Investors Investor contained in Section 6 5 shall be true on and as of the Closing in all material respects as though such representations and warranties had been made on and as of the Closing Date, except for representations and warranties made as of a particular date, which shall be true and correct as of such date. (b) Each The Investor shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it him on or before the Closing. (c) No statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by any court or governmental authority of competent jurisdiction which prohibits the consummation of any of the transactions contemplated by this Agreement. (d) Each The Investor shall have delivered the Purchase Price for the Series A Preferred Shares.

CONDITIONS PRECEDENT TO THE COMPANY'S OBLIGATIONS. The obligations of the Company to each Investor under this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions by the Investors, unless such condition or conditions are expressly waived in writing by the Company: (a) The representations and warranties of each of the Investors contained in Section 6 5 shall be true on and as of the Closing in all material respects as though such representations and warranties had been made on and as of the Closing Date, except for representations and warranties made as of a particular date, which shall be true and correct as of such date. (b) Each Investor shall have performed and complied in all material respects with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the Closing. (c) No statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by any court or governmental authority of competent jurisdiction which prohibits the consummation of any of the transactions contemplated by this Agreement. (d) Each Investor shall have delivered the its respective Purchase Price for the Series A Preferred SharesShares being purchased by such Investor.