Conditions to Closing by the Company. The obligation of the Company to consummate the transactions herein contemplated shall be subject to the satisfaction of the Company on or prior to the Closing of each of the following conditions, and if the Company shall not consummate such transactions by reason of the failure of any of such conditions to be met as herein provided, the Company shall have no liability to the Purchaser:
Conditions to Closing by the Company. The obligations of the Company to consummate the issuance and sale of the Securities pursuant to Section 2 hereof and certain of the transactions contemplated by this Agreement are subject to the satisfaction on or prior to the Closing Date of the following conditions, any of which may be waived in whole or in part in writing by the Company:
(a) all representations and warranties of the Investor contained in this Agreement shall be true and correct as of the date of this Agreement and as of the Closing Date as though made anew as of such date;
(b) the Investor shall have delivered to the Company the items required by Section 3.3 of this Agreement;
(c) all pre-issuance registrations, qualifications, permits and approvals required, if any, under applicable state securities laws or stock exchange listing rules for the lawful execution and delivery of this Agreement and the offer, sale, issuance and delivery of the Securities shall have been obtained; and
(d) the Investor shall have performed and complied with all agreements and conditions required by this Agreement to be performed and complied with by it prior to or as of the Closing Date.
Conditions to Closing by the Company. The Company’s obligation to sell and issue the Shares at the Closing is, at the option of the Company, subject to the fulfillment as of the Closing Date of the following conditions:
Conditions to Closing by the Company. Except as may be waived in writing by Owners and the Company, the obligations of the Company and the Owners to consummate the transactions contemplated hereby on the Closing Date shall be subject to the satisfaction on or prior to the Closing Date of the following conditions:
Conditions to Closing by the Company. The obligations of the Company under this Agreement are subject to satisfaction of the following conditions at or prior to each Closing Date, any of which may be waived by the Company in writing:
(i) All documents reasonably requested from the Investor by the Company pursuant to this Agreement shall have been previously delivered to the Company by the Investor.
(ii) All the representations and warranties of the Investor contained in this Agreement shall be true and complete in all material respects and the Investor shall have performed all obligations and complied in all material respects with all agreements, undertakings, covenants and conditions required by it to be performed at or prior to each Closing.
Conditions to Closing by the Company. The obligations of the Sellers to sell the Note and the Warrants to Purchaser are subject to the fulfillment to its satisfaction on or prior to the Closing Date of each of the following conditions:
Conditions to Closing by the Company. The obligations of the Company to consummate the issuance and sale of the Shares pursuant to Section 2 hereof and certain of the transactions contemplated by this Agreement are subject to the satisfaction on or prior to such Closing Date of the following conditions, any of which may be waived in whole or in part in writing by the Company:
(a) all representations and warranties of the Investor contained in this Agreement shall be true and correct as of the date of this Agreement and as of the date of such Closing as though made as of such date;
(b) the Investor shall have delivered to the Company the items required by Section 3.3 of this Agreement; and
(c) the Investor shall have performed and complied with all agreements and conditions required by this Agreement to be performed and complied with by it prior to or as of such Closing Date.
Conditions to Closing by the Company. The Company’s obligation to sell the Purchased Securities at the Closing is subject to the fulfillment of the following conditions:
(a) The representations and warranties of the Investor made herein shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date.
(b) The Board of Directors of the Company shall have approved the sale of the Purchased Securities.
(c) The Company shall have obtained all permits and qualifications required by any state for the offer and sale of the Purchased Securities or an exemption therefrom shall be available.
Conditions to Closing by the Company. The obligations of the Company are subject to the fulfillment at or before the Closing of the conditions that: (a) all covenants, agreements and conditions contained in this Agreement to be performed, or complied with, by the Investors prior to the Closing shall have been performed or complied with by the Investors prior to or at the Closing, and (b) the representations and warranties made by the Investors in this Agreement shall have been true and correct when made, and shall be true and correct as of the date of the Closing, which conditions may be waived in whole or in part by the Company, and which waiver shall be at the sole discretion of the Company.
Conditions to Closing by the Company. The Company's obligation to issue and sell the Shares to the Purchaser at the Closing is subject to the fulfillment of the following conditions (any of which may be waived by the Company in its sole discretion):
