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

CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to Buyer 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 Buyer with prior written notice thereof: (a) Buyer shall have executed this Agreement and delivered the same to the Company. (b) Buyer shall have delivered to the Company a Conversion Notice. (c) The representations and warranties of Buyer shall be true and correct in all material respects (except for those representations and warranties that are qualified by materiality or Material Adverse Effect, which 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).

CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to Buyer the Investor hereunder are subject to the satisfaction or waiver 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 Buyer the Investor with prior written notice thereof: (a) Buyer The Investor shall have executed this Agreement and delivered the same to the Company. (b) Buyer shall have delivered to the Company a Conversion Notice. (c) The representations and warranties of Buyer the Investor shall be true and correct in all material respects (except for those representations and warranties that are qualified by materiality or Material Adverse Effect, which 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 remain true and correct as of such specific date).

CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to Buyer 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 Buyer the Investor with prior written notice thereof: (a) Buyer The Investor shall have executed this Agreement and delivered the same to the Company. (b) Buyer The Investor shall have delivered to the Company a Conversion Noticethe Investor’s Existing Notes and Existing Warrants for cancellation. (c) The representations and warranties of Buyer the Investor shall be true and correct in all material respects (except for those representations and warranties that are qualified by materiality or Material Adverse Effect, which 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).

CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to the Buyer 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 Buyer with prior written notice thereof: (a) The Buyer shall have executed this Agreement and delivered the same to the Company. (b) The Buyer shall have delivered to the Company a the Conversion Notice. (c) The representations and warranties of the Buyer shall be true and correct in all material respects (except for those representations and warranties that are qualified by materiality or Material Adverse Effect, which 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).

CONDITIONS TO COMPANY’S OBLIGATIONS HEREUNDER. The obligations of the Company to Buyer 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 Buyer the Investor with prior written notice thereof: (a) Buyer The Investor shall have executed this Agreement and delivered the same to the Company. (b) Buyer The Investor shall have delivered to the Company a Conversion Noticethe Investor's Existing Additional Notes for cancellation. (c) The representations and warranties of Buyer the Investor shall be true and correct in all material respects (except for those representations and warranties that are qualified by materiality or Material Adverse Effect, which 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).