Conditions Precedent to the Obligation of Buyer to Close. The obligation of Buyer to purchase the Containers pursuant to this Agreement is subject to the fulfillment on or prior to the Closing of the following conditions, any one or more of which may be waived by it; provided, however, that, to the extent that a condition waived would constitute a breach of a provision of this Agreement, the waiver of such condition shall, in addition, constitute a waiver of the breach of such provision:
Appears in 12 contracts
Samples: Container Purchase Agreement (Iea Income Fund Xi Lp), Container Purchase Agreement (Iea Income Fund Viii), Container Purchase Agreement (Iea Income Fund Ix L P)
Conditions Precedent to the Obligation of Buyer to Close. The obligation of Buyer to purchase the Containers pursuant to this Agreement is subject to the fulfillment on or prior to the Closing of the following conditions, any one or more of which may be waived by it; provided, however, that, to the extent that a condition waived would constitute a breach of a provision of this Agreement, the waiver of such condition shall, in addition, constitute a waiver of the breach of such provision:
Appears in 2 contracts
Samples: Container Purchase Agreement (CAI International, Inc.), Container Purchase Agreement (CAI International, Inc.)
Conditions Precedent to the Obligation of Buyer to Close. The obligation of Buyer to purchase the Containers pursuant to this Agreement is subject to the fulfillment on or prior to the Closing of the following conditions, any one or more of which may be waived by it; provided, however, that, to the extent that a condition waived would constitute a breach of a provision of this Agreement, the waiver of such condition shall, in addition, constitute a waiver of the breach of such provision:: 8.01
Appears in 1 contract
Samples: Container Purchase Agreement
Conditions Precedent to the Obligation of Buyer to Close. The obligation obligations of Buyer to purchase consummate the Containers pursuant to this Agreement is transactions provided for hereby are subject to the fulfillment satisfaction or waiver, on or prior to the Closing Date, of each of the following conditions; provided that in the event that Buyer waives any such condition, any one or more of which may be waived by it; provided, however, that, then notwithstanding anything to the extent that a condition waived would constitute a breach of a provision of contrary contained in this Agreement, Buyer shall not be entitled to make a claim for indemnification under this Agreement with respect to any matter which is the waiver subject of such condition shall, in addition, constitute a waiver of the breach of such provision:waiver.
Appears in 1 contract
Samples: Asset Purchase Agreement (Columbia Laboratories Inc)
