CONDITIONS TO COMPANY’S OBLIGATIONS AT THE CLOSING. The Company’s obligation to complete the sale and issuance of the Securities and deliver Securities to each Purchaser, individually, as set forth in the Schedule of Purchasers at the Closing shall be subject to the following conditions to the extent not waived by the Company:
CONDITIONS TO COMPANY’S OBLIGATIONS AT THE CLOSING. The obligation of the Company to issue and sell the Purchased Shares to the Investor at the Closing, unless otherwise waived in writing by the Company, is subject to the fulfillment to the Company’s satisfaction on or prior to the Closing of the following conditions:
CONDITIONS TO COMPANY’S OBLIGATIONS AT THE CLOSING. The Company’s obligations to affect the Closing with Lenders are conditioned upon the fulfillment (or waiver by the Company in its sole and absolute discretion) of each of the following events as of the Closing Date:
(a) the representations and warranties of such Lender set forth in this Agreement and in the other Transaction Documents to which it is a party shall be true and correct in all material respects as of such date as if made on such date (except that to the extent that any such representation or warranty relates to a particular date, such representation or warranty shall be true and correct in all material respects as of that date);
(b) such Lender shall have complied with or performed all of the agreements, obligations and conditions set forth in this Agreement that are required to be complied with or performed by such Lender on or before the Closing;
(c) there shall be no injunction, restraining order or decree of any nature of any court or Governmental Authority of competent jurisdiction that is in effect that restrains or prohibits the consummation of the transactions contemplated hereby and by the other Transaction Documents;
(d) such Lender shall have executed each Transaction Document to which it is a party and shall have delivered the same to the Company; and
(e) Lender shall have tendered the Purchase Price for the Note being purchased by it at the Closing by wire transfer of immediately available funds to the Escrow Agent.
CONDITIONS TO COMPANY’S OBLIGATIONS AT THE CLOSING. The obligations of the Company to consummate the transactions under Section 2 are subject to the fulfillment, to the satisfaction of the Company on or prior to the Closing, or waiver by the Company, of the following conditions:
CONDITIONS TO COMPANY’S OBLIGATIONS AT THE CLOSING. The Company’s obligation to complete the issuance of the Exchange Note and deliver the Exchange Note to the Holder at the Closing shall be subject to the following conditions to the extent not waived by the Company:
CONDITIONS TO COMPANY’S OBLIGATIONS AT THE CLOSING. The obligations of the Company to issue the relevant number of Purchased Shares set forth in Section 2.2 to each Purchaser under this Agreement are subject to the fulfillment, or otherwise waived by the Company, on or prior to the Closing, of the following conditions:
CONDITIONS TO COMPANY’S OBLIGATIONS AT THE CLOSING. The obligations of the Company under this Agreement to consummate the Closing are subject to the fulfilment of the following conditions at or prior to the Closing:
CONDITIONS TO COMPANY’S OBLIGATIONS AT THE CLOSING. The Company's obligations to complete the sale and issuance of the Shares and to deliver Shares to the Purchaser shall be subject to the following Conditions (to the extent not waived by the Company)
CONDITIONS TO COMPANY’S OBLIGATIONS AT THE CLOSING. The obligations of the Company under the Loan Documents are subject to the fulfillment on or before the Closing of each of the following conditions, which may be waived in writing by the Company:
CONDITIONS TO COMPANY’S OBLIGATIONS AT THE CLOSING. The Company’s obligation to complete the sale and issuance of the Securities and deliver the Securities to the Purchaser at the Closing shall be subject to the following conditions to the extent not waived by the Company:
