Conditions to Closing of the Investor. The Investor’s obligation to subscribe for and purchase the Shares at the Closing is subject to the fulfillment or (to the extent permitted by applicable law) written waiver, on or prior to the Closing Date, of each of the following conditions:
Conditions to Closing of the Investor. The obligations of the Investor to effect the transactions contemplated by this Agreement are subject to the fulfillment at or prior to the Closing Date of the conditions listed below.
Conditions to Closing of the Investor. The Investor’s obligations at the Closing are subject to the fulfillment, on or prior to the Closing Date (except with respect to 4(e)(iv) herein), of all of the following conditions, any of which may be waived in whole or in part by all of the Investor:
Conditions to Closing of the Investor. The obligation of the Investor to purchase the Purchased Shares is subject to the fulfillment, on or prior to the date of each of the Closings of such purchases, of the following conditions:
Conditions to Closing of the Investor. The obligation of the Investor to purchase the Securities at the Closing is subject to the fulfillment to the Investor’s satisfaction, on the Closing Date, of the following conditions, any of which may be waived by the Investor:
Conditions to Closing of the Investor. The Investor’s obligation to purchase the Notes at a Closing is subject to the satisfaction, at or prior to such Closing, of the following conditions:
Conditions to Closing of the Investor. The Investor’s obligations at the Closing are subject to: (i) the closing of the transactions contemplated by that certain Payment Agreement and Loan Amendment between the Company and the Investor dated April 27, 2010 (the “Loan Amendment”);(ii) the absence of any “Event of Default” under that certain Second Amended and Restated Loan Agreement between the Company and the Investor dated October 25, 2006, as amended; and (iii) the accuracy as of the Closing of the representations and warranties made by the Company and the fulfillment of those undertakings of the Company to be fulfilled prior to the Closing Date.
Conditions to Closing of the Investor. The Investor’s obligation to purchase the Series A Shares at the Closing is subject to the fulfillment of the following conditions:
Conditions to Closing of the Investor. A. In addition to any requirements set forth elsewhere in this Agreement, the Investor's obligation to fund the Loan shall be subject to the fulfillment on or prior to the Closing Date of the following conditions:
Conditions to Closing of the Investor. Each Investor’s obligation to purchase the Note at a Closing is subject to the satisfaction, at or prior to such Closing, of the following conditions:
(a) The representations and warranties made by the Company in Section 2 hereof shall have been true and correct when made, and shall be true and correct in all respects, or with respect to those representations and warranties that do not contain any materiality qualifier in all material respects, on the date of the applicable Closing.
(b) Except for any notices required or permitted to be filed after such Closing with certain federal and state securities commissions, the Company shall have obtained all governmental approvals required in connection with the lawful sale and issuance of the Notes.
(c) At such Closing, the sale and issuance by the Company, and the purchase by the Investor, of the Notes shall be legally permitted by all laws and regulations to which the Investor or the Company are subject.
(d) The Company shall have duly executed and delivered to the Investor: this Agreement and each Note issued hereunder at such Closing;
