Common use of Conditions to Company’s Obligation to Sell Clause in Contracts

Conditions to Company’s Obligation to Sell. The obligation of Company hereunder to issue and sell the Note to Buyer at the Closing is subject to the satisfaction, at or before the Closing Date of each of the following conditions thereto: a. Buyer shall have executed this Agreement and delivered the same to Company. b. Buyer shall have delivered the Purchase Price in accordance with Section 1(b) above. c. The representations and warranties of Buyer shall be true and correct in all material respects as of the date when made and as of the Closing Date as though made at that time (except for representations and warranties that speak as of a specific date), and Buyer shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by Buyer at or prior to the Closing Date. d. No litigation, statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by or in any court or governmental authority or competent jurisdiction or any self-regulatory organization having authority over the matters contemplated hereby which prohibits the consummation of any of the transactions contemplated by this Agreement.

Conditions to Company’s Obligation to Sell. The obligation of Company ACLP hereunder to issue sell and sell deliver the Note to Buyer Purchaser at the Closing is subject to the satisfaction, at or before the Closing Date of each of the following conditions thereto, provided that these conditions are for ACLP’s sole benefit and may be waived by ACLP at any time in its sole discretion: a. Buyer Purchaser shall have executed this Agreement and delivered the same to CompanyACLP. b. Buyer Purchaser shall have delivered the Purchase Price in accordance with Section 1(b) above. c. The representations and warranties of Buyer Purchaser shall be true and correct in all material respects as of the date when made and as of the Closing Date as though made at that time (except for representations and warranties that speak as of a specific date), and Buyer Purchaser shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by Buyer Purchaser at or prior to the Closing Date. d. No litigation, statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by or in any court or governmental authority or of competent jurisdiction or any self-regulatory organization having authority over the matters contemplated hereby which prohibits the consummation of any of the transactions contemplated by this Agreement.

Conditions to Company’s Obligation to Sell. The obligation of Company BRZG hereunder to issue sell and sell deliver the Note and the Warrant to Buyer Purchaser at the Closing is subject to the satisfaction, at or before the Closing Date of each of the following conditions thereto, provided that these conditions are for BRZG’s sole benefit and may be waived by BRZG at any time in its sole discretion: a. Buyer Purchaser shall have executed this Agreement and delivered the same to CompanyBRZG. b. Buyer Purchaser shall have delivered the Purchase Price in accordance with Section 1(b) above. c. The representations and warranties of Buyer Purchaser shall be true and correct in all material respects as of the date when made and as of the Closing Date as though made at that time (except for representations and warranties that speak as of a specific date), and Buyer Purchaser shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by Buyer Purchaser at or prior to the Closing Date. d. No litigation, statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by or in any court or governmental authority or of competent jurisdiction or any self-regulatory organization having authority over the matters contemplated hereby which prohibits the consummation of any of the transactions contemplated by this Agreement.

Conditions to Company’s Obligation to Sell. The obligation of Company PSWS hereunder to issue sell and sell deliver the Note and the Warrant to Buyer Purchaser at the Closing is subject to the satisfaction, at or before the Closing Date of each of the following conditions thereto, provided that these conditions are for PSWS’s sole benefit and may be waived by PSWS at any time in its sole discretion: a. Buyer Purchaser shall have executed this Agreement and delivered the same to CompanyPSWS. b. Buyer Purchaser shall have delivered the Purchase Price in accordance with Section 1(b) above. c. The representations and warranties of Buyer Purchaser shall be true and correct in all material respects as of the date when made and as of the Closing Date as though made at that time (except for representations and warranties that speak as of a specific date), and Buyer Purchaser shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by Buyer Purchaser at or prior to the Closing Date. d. No litigation, statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by or in any court or governmental authority or of competent jurisdiction or any self-regulatory organization having authority over the matters contemplated hereby which prohibits the consummation of any of the transactions contemplated by this Agreement.