Conditions Precedent to the Obligation of the Purchaser to Close. The obligation hereunder of the Purchaser to close and effect the Exchange is subject to the satisfaction or waiver, at or before the Closing, of each of the conditions set forth below: (a) Accuracy of the Company's Representations and Warranties. Each of the representations and warranties of the Company in this Agreement shall be true and correct in all material respects as of the Closing Date, 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 date.
Appears in 5 contracts
Samples: Note Purchase Agreement (Nortel Networks Corp), Debt Exchange Agreement (Bank One Corp), SDS Note Exchange Agreement (Fibernet Telecom Group Inc\)
Conditions Precedent to the Obligation of the Purchaser to Close. The obligation hereunder of the Purchaser to close and effect the Exchange is subject to the satisfaction or waiver, at or before the Closing, of each of the conditions set forth below:
(a) Accuracy of the Company's ’s and Borrower’s Representations and Warranties. Each of the representations and warranties of the Company and the Borrower in this Agreement shall be true and correct in all material respects as of the Closing Date, 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 date.
Appears in 1 contract
Samples: Debt Exchange Agreement
