Common use of Conditions Precedent to the Obligation Clause in Contracts

Conditions Precedent to the Obligation. of the Seller to Close and to Sell the Note. The obligation hereunder of the Seller to close and sell the Note to the Purchaser at the Closing is subject to the satisfaction or waiver, at or before the Closing of the conditions set forth below: (a) Accuracy of the Purchaser's Representations and Warranties. The representations and warranties of the Purchaser 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 that are expressly made as of a particular date, which shall be true and correct in all material respects as of such date. (b) Performance by the Purchaser. The Purchaser 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 Purchaser at or prior to the Closing. (c) No Injunction, Statute or Rule. No statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by any court or governmental authority of competent jurisdiction which prohibits the consummation of any of the transactions contemplated by this Agreement.

Conditions Precedent to the Obligation. of the Seller to Close and Company to Sell the NotePreferred Shares and Warrants. The obligation hereunder of the Seller Company to close and issue and/or sell the Note Preferred Shares and the Warrants to the Purchaser Investor at the Closing is subject to the satisfaction or waiversatisfaction, at or before the Closing 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 PurchaserInvestor's Representations and Warranties. The representations and warranties of the Purchaser shall Investor will be true and correct in all material respects as of the date when made and as of the Closing Date Date, as though made at that time, except for representations and warranties that are expressly made as of a particular date, which shall be true and correct in all material respects as of such date. (b) Performance by the PurchaserInvestor. The Purchaser Investor shall have performed, satisfied and complied in performed all material respects with all covenants, agreements and satisfied all conditions required by this Agreement to be performed, performed or satisfied or complied with by the Purchaser Investor at or prior to the Closing., including payment of the purchase price set forth on Schedule I. (c) No Injunction, Statute or Rule. No statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by any court or governmental authority of competent jurisdiction which prohibits the consummation of any of the transactions contemplated by this AgreementAgreement or the Registration Rights Agreement or the Certificate.

Conditions Precedent to the Obligation. of the Seller to Close and Company to Sell the NoteDebentures and Warrants. The obligation hereunder of the Seller Company to close and issue and/or sell the Note Debentures and Warrants to the Purchaser Investors at the Closing (unless otherwise specified) is subject to the satisfaction or waiversatisfaction, at or before the Closing 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 Purchaser's Investors' Representations and Warranties. The representations and warranties of the Purchaser shall each Investor will 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, time (except for representations and warranties that are expressly made as of a particular an earlier date, which shall will be true and correct in all material respects as of such date). (b) Performance by the PurchaserInvestors. The Purchaser Each Investor shall have performed, satisfied and complied in performed all material respects with all covenants, agreements and satisfied all conditions required by this Agreement to be performed, performed or satisfied or complied with by the Purchaser such Investor at or prior to the Closing. (c) No Injunction, Statute or Rule. No statute, rule, regulation, executive executive, judicial or administrative order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by any court or governmental authority of competent jurisdiction which prohibits the consummation of any of the transactions contemplated by this AgreementAgreement or the Registration Rights Agreement or the Debentures or the Warrants.

Conditions Precedent to the Obligation. of the Seller to Close and Company to Sell the NotePreferred Shares. The obligation hereunder of the Seller Company to close and issue and/or sell the Note Preferred Shares to the Purchaser Investors at the Closing (unless otherwise specified) is subject to the satisfaction or waiversatisfaction, at or before the Closing 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 Purchaser's Investors' Representations and Warranties. The representations and warranties of the Purchaser shall each Investor will 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, time (except for representations and warranties that are expressly made as of a particular an earlier date, which shall will be true and correct in all material respects as of such date). (b) Performance by the PurchaserInvestors. The Purchaser Each Investor shall have performed, satisfied and complied in performed all material respects with all covenants, agreements and satisfied all conditions required by this Agreement to be performed, performed or satisfied or complied with by the Purchaser such Investor at or prior to the Closing. (c) No Injunction, Statute or Rule. No statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by any court or governmental authority of competent jurisdiction which prohibits the consummation of any of the transactions contemplated by this AgreementAgreement or the Registration Rights Agreement or the Certificate or the Warrants.

Conditions Precedent to the Obligation. of the Seller to Close and Company to Sell the NotePreferred Shares and Warrants. The obligation hereunder of the Seller Company to close and issue and/or sell the Note Preferred Shares and Warrants to the Purchaser Investor at the Closing is subject to the satisfaction or waiversatisfaction, at or before the Closing 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 PurchaserInvestor's Representations and Warranties. The representations and warranties of the Purchaser shall Investor will be true and correct in all material respects as of the date when made hereof and as of the Closing Date Date, as though made at that time, except for representations and warranties that are expressly made as of a particular date, which shall be true and correct in all material respects as of such date. (b) Performance by the PurchaserInvestor. The Purchaser Investor shall have performed, satisfied and complied in performed all material respects with all covenants, agreements and satisfied all conditions required by this Agreement to be performed, performed or satisfied or complied with by the Purchaser Investor at or prior to the Closing, including payment of the purchase price set forth on Schedule I hereto. (c) No Injunction, Statute or Rule. No statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by any court or governmental authority of competent jurisdiction which prohibits the consummation of any of the transactions contemplated by this Agreement, the Registration Rights Agreement, the Warrants or the Certificate.