Conditions to Company’s Obligation. 3.2.2.1 Since the date of this Agreement, there shall not have been any action taken, or any law, rule or regulation enacted, entered, enforced or deemed applicable to Company or its Subsidiaries or the transactions contemplated by this Agreement by any Governmental Agency which imposes any restriction or condition that Company determines, in its reasonable good faith judgment, is materially and unreasonably burdensome on Company’s business or would materially reduce the economic benefits of the transactions contemplated by this Agreement to Company to such a degree that Company would not have entered into this Agreement had such condition or restriction been known to it on the date hereof.
Conditions to Company’s Obligation. The obligation of Company to consummate the transactions to be performed by it in connection with the Closing is subject to satisfaction of the following conditions:
Conditions to Company’s Obligation. The obligation of Company to consummate the sale of the Subordinated Note and to effect the Closing is subject to delivery by Purchaser to Company of this Agreement, duly authorized and executed by Purchaser, and the purchase price in an amount equal to the Subordinated Note Amount.
Conditions to Company’s Obligation. In addition to the condition set forth in Section 5 below, the obligations of the Company to include the Stockholder Shares in the Registration Statement are expressly subject to the following conditions:
Conditions to Company’s Obligation. The obligation of the ---------------------------------- Company to issue and sell the Shares to the Purchaser is subject to the fulfillment prior to or on the Closing Date of the following conditions, any of which may be waived in whole or in part by the Company:
Conditions to Company’s Obligation. 3.2.2.1 The obligation of Company to consummate the sale of the Subordinated Notes and to effect the Closing is subject to: (i) with respect to a given Purchaser, delivery by or at the direction of such Purchaser to Company (or written waiver by Company prior to the Closing of such delivery) of this Agreement and the Registration Rights Agreement, each duly authorized and executed by such Purchaser; (ii) with respect to a given Purchaser, Company's receipt of the Subordinated Note Amount set forth on such Purchaser's signature page; and (iii) Company's receipt of the Indenture, duly authorized and executed by the Trustee.
Conditions to Company’s Obligation a) Since the date of this Agreement, there shall not have been any action taken, or any law, rule or regulation enacted, entered, enforced or deemed applicable to Company or its Subsidiaries or the transactions contemplated by this Agreement by any Governmental Agency which imposes any restriction or condition that Company determines, in its reasonable good faith judgment, is materially and unreasonably burdensome on Company’s business or would materially reduce the economic benefits of the transactions contemplated by this Agreement to Company to such a degree that Company would not have entered into this Agreement had such condition or restriction been known to it on the date hereof. b) With respect to a given Purchaser, the obligation of Company to consummate the sale of the Subordinated Notes and to effect the Closing is subject to delivery by or at the direction of such Purchaser to Company each of the Transaction Documents (or written waiver by Company prior to the Closing of such delivery), duly authorized and executed by such Purchaser. IV.
Conditions to Company’s Obligation. The obligation of the Company and the Shareholders to sell the Preferred Stock and to otherwise close and consummate this Agreement and the other agreements are subject to the fulfillment on or before the Closing of each of the following conditions by NRC, the waiver of which shall not be effective unless in writing:
Conditions to Company’s Obligation. The obligation to issue the Securities at the Closing is subject to the fulfillment prior to or on the Closing Date of the conditions set forth in this Section 6.
Conditions to Company’s Obligation. The Company’s obligation to issue and sell the Shares to the Investor shall be subject to the following conditions, any one or more of which may be waived by the Company: (a) prior receipt by the Company of a copy of this Securities Purchase Agreement, duly executed by the Investor, including executed copies of Exhibits A and B of this Agreement; (b) completion of purchases and sales under this Agreement and the Securities Purchase Agreements with the Other Investors of at least 1,200,000 aggregate shares of Common Stock; (c) the accuracy in all material respects of the representations and warranties made by the Investor in this Agreement on the Closing Date and the performance and satisfaction in all material respects of all covenants and agreements required to be performed or satisfied by the Investor under this Agreement on or prior to the Closing; (d) the Company is satisfied that the issuance of the Shares will not be in violation of applicable listing qualification rules of The NASDAQ Stock Market LLC (“Nasdaq”) or applicable law; and (e) the absence of any order, writ, injunction, judgment or decree that questions the validity of the Agreements or the right of the Company or the Investor to enter into such Agreements or to consummate the transactions contemplated hereby and thereby.
