Conditions Precedent to the Right of the Company Sample Clauses

Conditions Precedent to the Right of the Company to Deliver an Advance Notice and the Obligation of the Investor to

Conditions Precedent to the Right of the Company. TO DELIVER A PUT NOTICE AND THE OBLIGATION OF INVESTOR TO PURCHASE PUT SHARES. The right of the Company to deliver a Put Notice and the obligation of Investor hereunder to acquire and pay for the Put Shares incident to a Closing is subject to the satisfaction, on each Condition Satisfaction Date, of each of the following conditions:

Conditions Precedent to the Right of the Company. TO DELIVER A DRAW DOWN NOTICE. The right of the Company to deliver a Draw Down Notice hereunder is subject to the satisfaction, on the date of delivery of such Draw Down Notice, of each of the following conditions:

Conditions Precedent to the Right of the Company. TO ISSUE AND SELL PURCHASE NOTICE SHARES. The right of the Company to issue and sell the Purchase Notice Shares to the Investor is subject to the satisfaction of each of the conditions set forth below:

Conditions Precedent to the Right of the Company to Deliver a Transaction Notice and the Obligation of BNYMCM or the Forward Seller (as applicable) to Sell Common Shares on behalf of the Company During the Selling Period(s). The right of the Company to deliver a Transaction Notice hereunder is subject to the satisfaction, on the date of delivery of such Transaction Notice, and the obligations of each of BNYMCM to sell Issuance Shares and the Forward Seller to sell, on behalf of the Company, and the Forward Purchaser to borrow the Forward Hedge Shares during the applicable Selling Period is subject to the satisfaction, on the relevant Transaction Date and Settlement Date of each of the following conditions:

Conditions Precedent to the Right of the Company. TO DELIVER A DRAW DOWN NOTICE. The right of the Company to deliver a Draw Down Notice hereunder is subject to the satisfaction, on the date of delivery of such Draw Down Notice, of each of the following conditions: (a) Effective Registration Statement. (I) As set forth in the Registration Rights Agreement, the Registration Statement shall have previously been declared effective and shall remain effective and sales of all of the Registrable Securities (including all of the Draw Down Shares issued with respect to all prior Draw Downs and all of the Draw Down Shares expected to be issued in connection with the Draw Down specified by the current Draw Down Notice (assuming for such purpose that the Purchase Price applicable to such Draw Down is the Floor Price)) may be made by the Investor thereunder and (i) neither the Company nor the Investor shall have received notice that the Commission has issued or intends to issue a stop order with respect to the Registration Statement or that the Commission otherwise has suspended or withdrawn the effectiveness of the Registration Statement either, temporarily or permanently, or intends or has threatened to do so, (ii) no other suspension of the use or withdrawal of the effectiveness of the Registration Statement or related prospectus shall exist and (iii) no event specified in Section 5.13 shall have occurred and be continuing. (II) The Company shall not have failed to obtain effectiveness of the Registration Statement within 180 days from the Closing Date, and shall not have failed to obtain the effectiveness of any additional Registration Statement required to be filed pursuant to the Registration Rights Agreement within ninety (90) days after the occurrence of the event that requires such filing, and no such Registration Statement, after its initial effectiveness, shall have lapsed in effect such that sales of all of the Registrable Securities otherwise cannot be made thereunder (whether by reason of the Company's failure to amend or supplement the prospectus included therein in accordance with the Registration Rights Agreement, the Company shall not have failed to file and obtain effectiveness with the Commission of an additional Registration Statement required pursuant to the Registration Rights Agreement or otherwise) for more than twenty (20) consecutive Trading Days or more than eighty (80) Trading Days in any twelve (12) month period after such Registration Statement becomes effective; (b) Accuracy of the Comp...

Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of the Agent to Sell Shares During the Selling Period(s). The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of the Agent to use its commercially reasonable efforts to place Shares during the applicable Selling Period is subject to the satisfaction, on the applicable Settlement Date, of each of the following conditions:

Conditions Precedent to the Right of the Company to Deliver an Issuance Notice and the Obligation of BNYCMI to Sell Common Shares During the Selling Period(s). The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the applicable Issuance Date, and the obligation of BNYCMI to sell Common Shares during the applicable Selling Period is subject to the satisfaction, on the applicable Settlement Date, of each of the following conditions:

Conditions Precedent to the Right of the Company to Deliver a Put Notice and the Obligation of the Investor to Close Section VI.1 Conditions Precedent to the Right of the Company to Deliver ----------------------------------------------------------- a Put Notice and the Obligation of the Investor to Close. In addition to the -------------------------------------------------------- specific conditions contained elsewhere in this Agreement, the right of the Company to deliver a Put Notice and the obligation of Investor hereunder to perform its obligations at any Closing hereunder is subject to the satisfaction, on both (i) the date of delivery of such Put Notice and (ii) the applicable Closing Date (other than with respect to the conditions set forth in Section 6.1(m) and (n), which need only be true as of a Put Date) (each a "Condition --------- Satisfaction Date"), of each of the following conditions, or the waiver by the ----------------- Investor of such conditions:

Conditions Precedent to the Right of the Company to Deliver a Draw Down Notice. The right of the Company to deliver a Draw Down Notice hereunder is subject to the satisfaction, on the date of delivery of such Draw Down Notice, of each of the following conditions: (a) Registration of the Common Stock with the SEC. As set forth in the Registration Rights Agreement, the Company shall have filed with the SEC a Registration Statement with respect to the resale of the Registrable Securities that shall have been declared effective by the SEC prior to the first Draw Down Date.