CONDITIONS PRECEDENT TO THE OBLIGATION OF THE. Company to Close and to Sell the Securities and the Purchaser to Close and to Purchase the Securities. The obligations hereunder of the Company to close and issue and sell the Securities to the Purchasers and the Purchaser to Close and to Purchase the Securities at each Closing is subject to the satisfaction or waiver, at or before the Closing of the conditions set forth below.
CONDITIONS PRECEDENT TO THE OBLIGATION OF THE. Company to Deliver the Shares of
CONDITIONS PRECEDENT TO THE OBLIGATION OF THE. Company to Sell the Shares of Preferred Stock and the Warrants. The obligation of the Company to sell the shares of Preferred Stock and the Warrants is subject to the satisfaction or waiver by the Company, at or before the Closing Date, of each of the following conditions:
(i) Accuracy of the Purchasers' Representations and Warranties. The representations and warranties of each Purchaser in this Agreement shall be true and correct in all material respects as of the date when made and as of the Closing Date;
CONDITIONS PRECEDENT TO THE OBLIGATION OF THE. PURCHASER TO ACCEPT A DRAW DOWN AND PURCHASE THE SHARES. The obligation hereunder of the Purchaser to accept a Draw Down request and to acquire and pay for the Shares is subject to the satisfaction or waiver, at or before each Draw Down Exercise Date, of each of the conditions set forth below. The conditions are for the Purchaser's sole benefit and may be waived by the Purchaser at any time in its sole discretion.
CONDITIONS PRECEDENT TO THE OBLIGATION OF THE. Companies and the Shareholders to Close The obligation of each of the Companies and the Shareholders to enter into and complete the Closing is subject to the fulfillment, prior to or on the Closing Date, of each of the following conditions, any one or more of which may be waived by the Companies and Shareholders' Representative (except when the fulfillment of such condition is a requirement of law). It is understood that the Shareholders shall acknowledge satisfaction of the conditions set forth in this Article VII only after the Purchaser has first acknowledged satisfaction of the conditions contained in Article VIII.
CONDITIONS PRECEDENT TO THE OBLIGATION OF THE. COMPANY TO CLOSE 64 ARTICLE X TERMINATION 64
CONDITIONS PRECEDENT TO THE OBLIGATION OF THE. CHESSCOM TO CLOSE
CONDITIONS PRECEDENT TO THE OBLIGATION OF THE. SELLERS TO CLOSE -------------------------------------------------------------- The obligation of the Sellers to enter into and complete the Closing is subject, at the Sellers' option, to the fulfillment of the following conditions, any one or more of which may be waived by the Sellers only in writing:
CONDITIONS PRECEDENT TO THE OBLIGATION OF THE. COMPANY TO SELL THE PREFERRED SHARES, OPTIONS AND WARRANTS. The obligation hereunder of the Company to issue and/or sell the Preferred Shares, Options and the Warrants to the Investor at the Closing is subject to the satisfaction, at or before the Closing, of each of the applicable conditions set forth below. These conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion.
(a) ACCURACY OF THE INVESTOR'S REPRESENTATIONS AND WARRANTIES. The representations and warranties of the Investor will be true and correct in all material respects as of the date when made and as of the Closing Date.
CONDITIONS PRECEDENT TO THE OBLIGATION OF THE. COMPANY TO CONSUMMATE THE MERGER 50 ARTICLE IX TERMINATION, AMENDMENT AND WAIVER 51 ARTICLE X MISCELLANEOUS 55
