Common use of Conditions Precedent to the Obligations of Clean Technologies at Each Subsequent Funding Clause in Contracts

Conditions Precedent to the Obligations of Clean Technologies at Each Subsequent Funding. The obligation of Clean Technologies to consummate any Subsequent Funding will be subject to the fulfillment by Investor, on or before the applicable Subsequent Funding Date, of each of the following conditions (any or all of which may be waived in whole or in part by Clean Technologies in its sole discretion): (a) confirmation that all conditions precedent in Sections 2.6 continue to be satisfied; (b) each of the representations and warranties of Investor in Section 3.3 is (i) true and correct in all material respects as of such Funding Date, except to the extent that any such representation or warranty shall have been expressly made only as of an earlier date in which case such representation and warranty was true and correct in all material respects as of such earlier date or (ii) if and to the extent such representations and warranties are qualified by the words “material,” “Material Adverse Effect” or similar qualification, true and correct, as qualified, as of such Funding Date (or such earlier date, as applicable); (c) Investor shall deliver to Clean Technologies a certificate from an authorized officer dated as of such Funding Date to the effect that the conditions set forth in Section 2.8(b) have been satisfied; and (d) no breach exists under the Credit Suisse Guaranty, and the Credit Suisse Guaranty is in full force and effect.