Conditions Precedent to the Obligation of the Purchaser to Purchase. The obligation hereunder of the Purchaser to acquire and pay for the Note at the applicable Closing is subject to the satisfaction, at or before the applicable Closing, of each of the applicable conditions set forth below. These conditions are for the Purchaser's benefit and may be waived by the Purchaser at any time in its sole discretion. (a) Accuracy of the Company's Representations and Warranties. The representations and warranties of the Company shall be true and correct in all material respects as of the date when made and as of the Closing Date as though made at that time (except for representations and warranties as of an earlier date, which shall be true and correct in all material respects as of such date).
Appears in 2 contracts
Samples: Securities Purchase Agreement (Liquidmetal Technologies Inc), Securities Purchase Agreement (Liquidmetal Technologies Inc)
Conditions Precedent to the Obligation of the Purchaser to Purchase. The obligation hereunder of the Purchaser hereunder to acquire and pay for the Note Secondary Closing Shares and the B Warrant at the applicable Secondary Closing is subject to the satisfactionsatisfaction or waiver (with prior written notice to the Company) by the Purchaser, at or before as of the applicable date of the Secondary Closing, of each of the applicable conditions set forth below. These conditions are for the Purchaser's benefit and may be waived by the Purchaser at any time in its sole discretion.following conditions:
(a1) Accuracy of the Company's Representations and Warranties. The representations and warranties of the Company set forth in this Agreement shall be true and correct in all material respects as of the date when made and as of the Secondary Closing Date as though made at that time (except for representations and warranties that speak as of an earlier date, which shall be true and correct in all material respects as of such a specific date).;
Appears in 1 contract
Samples: Securities Purchase Agreement (Mechanical Technology Inc)
Conditions Precedent to the Obligation of the Purchaser to Purchase. The obligation hereunder of the Purchaser hereunder to acquire and pay for the Note at Primary Closing Shares and the applicable Closing A Warrant is subject to the satisfactionsatisfaction or waiver (with prior written notice to the Company) by the Purchaser, at or before the applicable Primary Closing, of each of the applicable conditions set forth below. These conditions are for the Purchaser's benefit and may be waived by the Purchaser at any time in its sole discretion.following conditions:
(a1) Accuracy of the Company's Representations and Warranties. The representations and warranties of the Company set forth in this Agreement shall be true and correct in all material respects as of the date when made and as of the Primary Closing Date as though made at that time (except for representations and warranties that speak as of an earlier date, which shall be true and correct in all material respects as of such a specific date).;
Appears in 1 contract
Samples: Securities Purchase Agreement (Mechanical Technology Inc)