CONDITIONS TO CLOSING, DRAW DOWNS AND CALL OPTIONS Sample Clauses

CONDITIONS TO CLOSING, DRAW DOWNS AND CALL OPTIONS. SECTION 5.1 Conditions Precedent to the Obligation of the Company to Issue a Draw Down Notice or Grant a Call Option and Sell the Shares. The obligation hereunder of the Company to issue a Draw Down Notice or grant a Call Option and sell the Shares to the Purchaser is subject to the satisfaction or waiver, at or before each Draw Down or Call Option request (the "Draw Down Exercise Date"), of each of the conditions set forth below. These conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion.
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CONDITIONS TO CLOSING, DRAW DOWNS AND CALL OPTIONS. SECTION 5.1 Conditions Precedent to the Issuance of a Draw Down Notice. The issuance by the Company of a Draw Down Notice, and its obligation thereby to sell the Shares to the Purchaser, is subject to the satisfaction or waiver, at or before each Draw Down Exercise Date and Settlement Date, as applicable, of each of the conditions set forth below. These conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion.
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CONDITIONS TO CLOSING, DRAW DOWNS AND CALL OPTIONS. Section 5.1 Conditions Precedent to Closing by the Company and to the --------------------------------------------------------- Company's Obligation to Sell the Shares. The execution of this Agreement by the --------------------------------------- Company and the obligation of the Company to issue and sell Shares to the Purchaser pursuant to a Draw Down Notice is subject to the satisfaction or waiver, at or before the Closing and with respect to each Draw Down and Call Option, at or before each Draw Down Exercise Date and Settlement Date, as applicable, of each of the conditions set forth below. These conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion.
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CONDITIONS TO CLOSING, DRAW DOWNS AND CALL OPTIONS. Section 5.1 Conditions Precedent to Closing by the Company and to the Company's Obligation to Sell the Shares. The execution of this Agreement by the Company and the obligation of the Company to issue and sell Shares to the Purchaser pursuant to a Draw Down Notice is subject to the satisfaction or waiver, at or before the Closing and with respect to each Draw Down and Call Option, at or before each Draw Down Exercise Date and Settlement Date, as applicable, of each of the conditions set forth below. These conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion.
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CONDITIONS TO CLOSING, DRAW DOWNS AND CALL OPTIONS 
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Related to CONDITIONS TO CLOSING, DRAW DOWNS AND CALL OPTIONS

  • Conditions to Closing Date This Agreement shall become effective upon, and the obligation of each Lender to make the initial Extensions of Credit on the Closing Date is subject to, the satisfaction of the following conditions precedent:

  • Conditions to Closings Each Purchaser’s obligation to purchase and pay for the Notes to be sold to such Purchaser at the Closing is subject to the fulfillment to such Purchaser’s satisfaction, prior to or at the Closing, of the following conditions:

  • Conditions to the Closing Date The obligations of each Bank to make the Loans contemplated by subsections 2.1 and 2.2 and of the Issuing Bank to issue Letters of Credit contemplated by subsection 3.1 shall be subject to the compliance by the Company with its agreements herein contained and to the satisfaction, on or before October 1, 2004, of the following conditions:

  • Conditions for Advance and Conditions to Closing Section 7.1

  • Conditions to Second Closing The occurrence of the Second Closing is expressly contingent on (i) the truth and accuracy, on the Effective Date, Actual Effective Date and the Second Closing Date of the representations and warranties of the Company and Subscriber contained in this Agreement, (ii) continued compliance with the covenants of the Company set forth in this Agreement, (iii) the non-occurrence of any Event of Default (as defined in the Note) or other default by the Company of its obligations and undertakings contained in this Agreement, (iv) the delivery on the Second Closing Date of Second Closing Notes for which the Company Shares issuable upon conversion have been included in the Registration Statement, which must be effective as of the Second Closing Date, and (v) the delivery of the Second Closing Warrants for which the Warrant Shares issuable upon exercise have been included in the Registration Statement which must be effective as of the Second Closing Date. The exercise prices of the Warrants issuable on the Second Closing Date shall be adjusted to offset the effect of stock splits, stock dividends, pro rata distributions of property or equity interests to the Company's shareholders after the Initial Closing Date.

  • Conditions to Closing of the Investors Each Investor’s obligations at the Closing are subject to the fulfillment, on or prior to the Closing Date, of all of the following conditions, any of which may be waived in whole or in part by all of the Investors:

  • Conditions to Closing Each Purchaser’s obligation to purchase and pay for the Notes to be sold to such Purchaser at the Closing is subject to the fulfillment to such Purchaser’s satisfaction, prior to or at the Closing, of the following conditions:

  • Conditions to Close Escrow shall not close unless and until the following conditions precedent and contingencies have been satisfied or waived in writing by the party for whose benefit the conditions have been included:

  • Forward Closing Conditions (a) The obligation of the Purchaser to purchase the Forward Purchase Securities at the Forward Closing under this Agreement shall be subject to the fulfillment, at or prior to the Forward Closing of each of the following conditions, any of which, to the extent permitted by applicable laws, may be waived by the Purchaser:

  • Closing Conditions to Closing The Lender will not be obligated to make the initial Loans or to obtain any Letters of Credit on the Closing Date, unless the following conditions precedent have been satisfied in a manner satisfactory to Lender:

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