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 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. (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 Settlement Date, as applicable, 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 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. (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 Settlement Date, as applicable, as though made at that time, except for representations and warranties that are expressly made as of a particular date.