Common use of CONDITIONS TO CLOSING, DRAW DOWNS AND CALL OPTIONS Clause in Contracts

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 enter into this Agreement and 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 the Initial Purchase and 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. (a) Accuracy of the Purchaser's Representations and Warranties. The representations and warranties of the Purchaser in this Agreement shall be true and correct in all material respects as of the date when made and as of each Draw Down Exercise Date and each Settlement Date as though made at that time, except for representations and warranties that are expressly made as of a particular date.

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 enter into this Agreement and 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 the Initial Purchase and 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. (a) Accuracy of the Purchaser's Representations and Warranties. The representations and warranties of the Purchaser in this Agreement shall be true and correct in all material respects as of the date when made and as of each Draw Down Exercise Date and each Settlement Date as though made at that time, except for representations and warranties that are expressly made as of a particular date.

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 enter into this Agreement and 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 the Initial Purchase and 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. (a) Accuracy of the Purchaser's Representations and Warranties. The representations and warranties of the Purchaser in this Agreement shall be true and correct in all material respects as of the date when made and as of each Draw Down Exercise Date and each Settlement Date as though made at that time, except for representations and warranties that are expressly made as of a particular date.