Common use of CONDITIONS TO BUYER'S OBLIGATION TO PURCHASE Clause in Contracts

CONDITIONS TO BUYER'S OBLIGATION TO PURCHASE. The obligation of Buyer hereunder to purchase the Securities is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for Buyer's sole benefit and may be waived by Buyer at any time in its sole discretion: a. The parties shall have executed this Agreement and delivered the same to each other. b. 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 specific date) and the Company shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to the Closing Date. c. Until the Closing Date, the Common Stock shall be authorized for quotation on the American Stock Exchange ("AMEX") and trading in the Common Stock shall not have been suspended by the SEC or AMEX. d. The Company shall have delivered the Stock Certificates to the Buyer.

CONDITIONS TO BUYER'S OBLIGATION TO PURCHASE. The obligation of Buyer hereunder to purchase the Securities is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for Buyer's sole benefit and may be waived by Buyer at any time in its his sole discretion: a. The parties shall have executed this Agreement and delivered the same to each other. b. 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 specific date) and the Company shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to the Closing Date. c. Until the Closing Date, the Common Stock shall be authorized for quotation on the American Stock Exchange ("AMEX") and trading in the Common Stock shall not have been suspended by the SEC or AMEX. d. The Company shall have delivered the Stock Certificates to the Buyer.