Common use of Conditions Precedent to the Obligation of the Company to sell Draw Down Preferred Shares Clause in Contracts

Conditions Precedent to the Obligation of the Company to sell Draw Down Preferred Shares. The obligation hereunder of the Company to proceed to sell and issue Draw Down Preferred Shares in each Draw Down under this Agreement, if any, is subject to the satisfaction as of such Draw Down Settlement Date of each of the conditions set forth below, which conditions are for the Company’s sole benefit and may be waived by the Company in writing at any time in its sole discretion: (a) Each of the representations and warranties of each participating Purchaser contained herein shall be true and correct in all material respects as of such Draw Down Closing Date as though made at that time (except for representations and warranties that speak as of a particular date, which shall be true and correct in all material respects as of such dates). (b) The Purchasers shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Purchasers at or prior to such Draw Down Settlement Date. (c) On each applicable Draw Down Notice Date, all of the Equity Conditions shall be satisfied. (d) The Purchaser Draw Down Amount for such Draw Down shall not be less than the Minimum Dollar Amount, and (e) The closing deliverables described in Section 5.3(b) shall have been delivered to the Company.

Conditions Precedent to the Obligation of the Company to sell Draw Down Preferred Shares. The obligation hereunder of the Company to proceed to sell and issue Draw Down Preferred Shares in each Draw Down under this Agreement, if any, is subject to the satisfaction as of such Draw Down Settlement Date of each of the conditions set forth below, which conditions are for the Company’s sole benefit and may be waived by the Company in writing at any time in its sole discretion: (a) Each of the representations and warranties of each participating Purchaser contained herein shall be true and correct in all material respects as of such Draw Down Closing Date as though made at that time (except for representations and warranties that speak as of a particular date, which shall be true and correct in all material respects as of such dates). (b) The Purchasers shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Purchasers at or prior to such Draw Down Settlement Date. (c) On each applicable Draw Down Notice Date, all of the Equity Conditions shall be satisfied. (d) The Purchaser Draw Down Amount for such Draw Down shall not be less than the Minimum Dollar Amount, and (e) The closing deliverables described in Section 5.3(b) shall have been delivered to the Company. (f) A majority of the Board of Directors shall have accepted, in its sole discretion, the Draw Down Notice for the amount an number of Ordinary Shares reflected therein.