Common use of CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER Clause in Contracts

CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to the Investor hereunder are subject to the satisfaction of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing the Investor with prior written notice thereof: (a) The Investor shall have executed this Agreement and delivered the same to the Company. (b) The Investor shall have delivered to the Company, pursuant to the Indenture and this Agreement, such principal amount of its Existing Note being exchanged at the Closing or such other documentation reasonably satisfactory to the Company that the Investor held such Existing Note as a Physical Security and that the Investor’s Existing Note has been lost or destroyed. (c) The representations and warranties of the Investor in Section 3(a) hereof shall be true and correct 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).

CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to the Investor hereunder are subject to the satisfaction of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing the Investor with prior written notice thereof: (a) The Investor shall have executed this Agreement and delivered the same to the Company. (b) The Investor shall have delivered to the Company, pursuant to the Existing Indenture and this Agreement, such principal amount of its the Existing Note Exchanged Debentures being exchanged at the Closing or such other documentation reasonably satisfactory to the Company that the Investor held such Existing Note as a Physical Security and that the Investor’s Existing Note has been lost or destroyedClosing. (c) The representations and warranties of the Investor in Section 3(aSections 2(a) and 2(b) hereof shall be true and correct in all 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, which shall be true and correct as of such specified date only).

CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to the each Investor hereunder are subject to the satisfaction of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing the such Investor with prior written notice thereof: (a) The Each Investor shall have executed this Agreement and delivered the same to the Company. (b) The Equity Investor shall have delivered to the Company, pursuant to the Indenture and this Agreement, such principal amount of Company its Existing Note being exchanged at the Closing Common Shares for cancellation or such other documentation reasonably satisfactory to the Company that the Investor held such Existing Note as a Physical Security and that the Equity Investor’s Existing Note has 's Common Shares have been lost or destroyed. (c) The representations and warranties of the Investor Investors in Section 3(aSECTION 3(A) hereof shall be true and correct 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). The Company shall have received a certificate of the Investors, dated as of the Closing Date, to the foregoing effect and as to such other matters as may be reasonably requested by the Company in the form attached hereto as EXHIBIT F-1.

CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to the each Investor hereunder are subject to the satisfaction of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing the such Investor with prior written notice thereof: (a) The Each Investor shall have executed this Agreement and delivered the same to the Company. (b) The Debt Investor shall have delivered to the Company, pursuant to the Indenture and this Agreement, such principal amount of Company its Existing Note being exchanged at the Closing for cancellation or such other documentation reasonably satisfactory to the Company that the Investor held such Existing Note as a Physical Security and that the Debt Investor’s Existing Note has been lost or destroyed. (c) The representations and warranties of the Investor Investors in Section 3(a) hereof shall be true and correct 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). The Company shall have received a certificate of the Investors, dated as of the Closing Date, to the foregoing effect and as to such other matters as may be reasonably requested by the Company in the form attached hereto as Exhibit E-1.

CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to the each Investor hereunder are subject to the satisfaction of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing the such Investor with prior written notice thereof: (a) The Each Investor shall have executed this Agreement and delivered the same to the Company. (b) The Equity Investor shall have delivered to the Company, pursuant to the Indenture and this Agreement, such principal amount of Company its Existing Note being exchanged at the Closing Common Shares for cancellation or such other documentation reasonably satisfactory to the Company that the Investor held such Existing Note as a Physical Security and that the Equity Investor’s Existing Note has Common Shares have been lost or destroyed. (c) The representations and warranties of the Investor Investors in Section 3(a) hereof shall be true and correct 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). The Company shall have received a certificate of the Investors, dated as of the Closing Date, to the foregoing effect and as to such other matters as may be reasonably requested by the Company in the form attached hereto as Exhibit F-1.

CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to the Investor hereunder are subject to the satisfaction of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing the Investor with prior written notice thereof: (a) The Investor shall have executed this Agreement and delivered the same to the Company. (b) The Investor shall have delivered to the Company, pursuant to the Indenture and this Agreement, such principal amount of Company its Existing Note being exchanged at the Closing Notes and Existing Warrants for cancellation or such other documentation reasonably satisfactory to the Company that the Investor held such Investor's Existing Note as a Physical Security Notes and that the Investor’s Existing Note has Warrants have been lost or destroyed. (c) The representations and warranties of the Investor in Section 3(a) hereof shall be true and correct 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).