Conditions Precedent to the Obligation of Seller to Close. The obligation of Seller to sell its 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 X Lp), Container Purchase Agreement (Iea Income Fund Ix L P), Container Purchase Agreement (PLM Equipment Growth & Income Fund Vii)
Conditions Precedent to the Obligation of Seller to Close. The obligation of Seller to sell its Containers pursuant to consummate the transactions contemplated by this Agreement is subject to the fulfillment on or prior to the Closing Date of each of the following conditions, any one or more of which (to the extent permitted by Law) 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 provisionSeller:
Appears in 3 contracts
Samples: Asset Purchase Agreement (Cancer Genetics, Inc), Asset Purchase Agreement (Response Genetics Inc), Asset Purchase Agreement (Cancer Genetics, Inc)
Conditions Precedent to the Obligation of Seller to Close. The obligation of Seller to sell its 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 Seller to Close. The obligation of Seller to sell its 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:: 9.01
Appears in 1 contract
Samples: Container Purchase Agreement
