Conditions Precedent to Xxxxxxxx'x Obligations. The obligations of Xxxxxxxx hereunder are subject to the performance by the Company of its obligations hereunder and to the satisfaction of the following additional conditions precedent, unless expressly waived in writing by Xxxxxxxx:
Conditions Precedent to Xxxxxxxx'x Obligations. The obligations ---------------------------------------------- of Xxxxxxxx hereunder are subject to the performance by SyQuest of its obligations hereunder and to the satisfaction of the following additional conditions precedent, unless expressly waived in writing by Xxxxxxxx:
Conditions Precedent to Xxxxxxxx'x Obligations. The obligations of Xxxxxxxx hereunder are subject to the performance by Informix of its obligations hereunder and to the satisfaction of the following additional conditions precedent, unless expressly waived in writing by Xxxxxxxx:
Conditions Precedent to Xxxxxxxx'x Obligations. The obligations of Xxxxxxxx hereunder are subject to the performance by Navarre of its obligations hereunder and to the satisfaction of the following additional conditions precedent, unless expressly waived in writing by Xxxxxxxx:
Conditions Precedent to Xxxxxxxx'x Obligations. The obligations ---------------------------------------------- of Xxxxxxxx hereunder are subject to the performance by IPEC of its obligations hereunder and to the satisfaction of the following additional conditions precedent unless expressly waived in writing by Xxxxxxxx:
Conditions Precedent to Xxxxxxxx'x Obligations. The obligations of Xxxxxxxx hereunder are subject to the performance by each of Company and SAP of its obligations hereunder and to the satisfaction of the following additional conditions precedent, unless expressly waived in writing by Xxxxxxxx with respect to a particular closing (which waiver may be given or withheld in Xxxxxxxx'x sole discretion and any such waiver shall apply solely to the closing specified by Xxxxxxxx and shall not obligate Xxxxxxxx to provide any subsequent waiver):
Conditions Precedent to Xxxxxxxx'x Obligations. The obligations of Xxxxxxxx hereunder are subject to the performance by TRC of its obligations hereunder and to the satisfaction of the following additional conditions precedent, unless expressly waived in writing by Xxxxxxxx:
Conditions Precedent to Xxxxxxxx'x Obligations. All obligations of Xxxxxxxx and the Transferring Entities under this Agreement are subject to the fulfillment, satisfaction or waiver, prior to or at the each Closing (unless a particular Closing Date is specified below), of each of the following conditions precedent:
Conditions Precedent to Xxxxxxxx'x Obligations. The obligations of Xxxxxxxx to consummate the Closing hereunder are subject to the performance by the Company of its obligations hereunder and to the satisfaction of the following additional conditions precedent, unless expressly waived in writing by Xxxxxxxx: On the Closing Date, (A) the representations and warranties made by the Company in this Agreement shall be true and correct, except those representations and warranties which address matters only as of a particular date, which representations and warranties shall be true and correct as of such date; (B) the Company shall have complied fully with all of the covenants and agreements in this Agreement; and (C) Xxxxxxxx shall have received a certificate of the Chief Executive Officer and the Chief Financial Officer of the Company dated such date and to such effect. On the Closing Date, the Company shall have delivered to Xxxxxxxx an opinion of Xxxxxx, Xxxxxx & Xxxxxxxxx, dated as of the Closing Date, substantially in the form attached hereto as Annex C. On the Closing Date, the Company and an escrow agent selected by the Company and Xxxxxxxx shall have delivered to Xxxxxxxx an executed copy of an Escrow Agreement that contains terms and conditions substantially similar to those set forth in the form attached hereto as Annex D (the "Escrow Agreement"), with such changes (i) as may be requested by the escrow agent and are mutually acceptable to the Company and Xxxxxxxx or (ii) as the Company and Xxxxxxxx shall mutually agree. The obligations of Xxxxxxxx to consummate the closing of any exercise of the Additional Investment Rights are subject to the performance by the Company of its obligations hereunder and under the Certificate and to the satisfaction of the additional conditions precedent, unless expressly waived in writing by Xxxxxxxx, that on each Additional Investment Closing Date (as defined in the Certificate): the representations and warranties made by the Company in this Agreement shall be true and correct, except with respect to (A) Section 3(n) and Section 3(p) and (B) those representations and warranties which address matters only as of a particular date, which representations and warranties shall be true and correct as of such date; Since the last day of the most recently completed quarter for which a quarterly report on Form 10-Q (or, if the most recently completed quarter was the last quarter of the Company's fiscal year, an annual report on Form 10-K) has been filed with the SEC, and except...
Conditions Precedent to Xxxxxxxx'x Obligations. The obligations of Xxxxxxxx hereunder are subject to the performance by Ross of its obligations hereunder and to the satisfaction of the following additional conditions precedent:
