Common use of Conditions Precedent to the Obligation Clause in Contracts

Conditions Precedent to the Obligation. of the Purchaser to ---------------------------------------------------------- Purchase the Note. The obligation hereunder of the Purchaser to acquire and pay ----------------- for the Note and the Warrant is subject to the satisfaction or waiver, at or before the Closing Date, of each of the conditions set forth below. These conditions are for the Purchaser's sole benefit and may be waived by the Purchaser at any time in its sole discretion. (a) Accuracy of the Company's Representations and Warranties. Each of --------------------------------------------------------- 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 that speak as of a particular date), which shall be true and correct in all material respects as of such date.

Conditions Precedent to the Obligation. of the Purchaser --------------------------------------------------- Purchasers to ---------------------------------------------------------- Close and to Purchase the NoteDebentures and Warrants. The obligation ------------------------------------------------------- hereunder of the Purchaser Purchasers to acquire purchase the Debentures and pay ----------------- for Warrants and consummate the Note and the Warrant transactions contemplated by this Agreement is subject to the satisfaction or waiver, at or before the Closing Date, of each of the conditions set forth below. These conditions are for the Purchaser's Purchasers' sole benefit and may be waived by the Purchaser Purchasers at any time in its their sole discretion. (a) Accuracy of the Company's Representations and Warranties. ------------------------------------------------------------- Each of --------------------------------------------------------- the representations and warranties of the Company in this Agreement, the Registration Rights Agreement, the Security Agreement and the Debentures 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 (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.

Conditions Precedent to the Obligation. of the Purchaser Purchasers to ---------------------------------------------------------- ----------------------------------------------------------- Purchase the NoteShares. The obligation hereunder of the each Purchaser to acquire and ------------------- pay ----------------- for the Note Preferred Shares and the Warrant Warrants is subject to the satisfaction or waiver, at or before the Closing DateClosing, of each of the conditions set forth below. These conditions are for the each Purchaser's sole benefit and may be waived by the such Purchaser at any time in its sole discretion. (a) Accuracy of the Company's Representations and Warranties. -------------------------------------------------------- Each of --------------------------------------------------------- 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 that speak as of a particular date), which shall be true and correct in all material respects as of such date.

Conditions Precedent to the Obligation. of the Purchaser to ---------------------------------------------------------- Purchase the NoteClose. The obligation hereunder of the Purchaser to acquire and pay ----------------- for the Note and the Warrant enter this Agreement is ----- subject to the satisfaction or waiver, at or before the Closing DateClosing, of each of the conditions set forth below. These conditions are for the Purchaser's sole benefit and may be waived by the Purchaser at any time in its sole discretion. (a) Accuracy of the Company's Representations and Warranties. Each of --------------------------------------------------------- -------------------------------------------------------- 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 Date, as though made at that time (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 date.

Conditions Precedent to the Obligation. of the Purchaser Purchasers to ---------------------------------------------------------- ----------------------------------------------------------- Purchase the NoteShares. The obligation hereunder of the Purchaser Purchasers to acquire and ------------------- pay ----------------- for the Note Preferred Shares and the Warrant Warrants is subject to the satisfaction or waiver, at or before the Closing DateClosing, of each of the conditions set forth below. These conditions are for the Purchaser's Purchasers' sole benefit and may be waived by the Purchaser Purchasers at any time in its their sole discretion. (a) Accuracy of the Company's Representations and Warranties. -------------------------------------------------------- Each of --------------------------------------------------------- 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 (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 date.