Conditions to Company’s Obligations to Close. The Company’s obligation to complete the purchase and sale of the Shares and deliver such stock certificate(s) to each of the participating Purchasers at each Closing shall be subject to the following conditions, any one or more of which may be waived by the Company: (a) receipt by the Company of same-day funds in the full amount of the purchase price for the Shares being purchased hereunder at such Closing less the amount of any Demand Notes being delivered for cancellation; and (b) the accuracy of the representations and warranties made by such Purchaser and the fulfillment of those undertakings of such Purchaser to be fulfilled prior to such Closing.
Conditions to Company’s Obligations to Close. The Company's obligation to sell and issue the Shares at the Closing is, unless waived by the Company, subject to the fulfillment of the following conditions:
Conditions to Company’s Obligations to Close. The Company's obligation to close the purchase and sale of the Shares is conditioned on the occurrence of the following events at the Closing: (a) Delivery by the Purchaser of the Purchase Price to the Company in accordance with Section 3.2 of this Agreement; and (b) the representations and warranties of the Company in Article V of this Agreement remain true and correct at the Closing, except to the extent a modification is consistent with the intent of this Agreement.
Conditions to Company’s Obligations to Close. The obligations of the Company to effect the Merger are subject to the satisfaction of the following additional conditions, unless waived in writing by the Target:
Conditions to Company’s Obligations to Close. The obligation of the Company to issue the Purchased Common Shares shall be conditioned upon and subject to the satisfaction (or waiver by the Company) of the following conditions:
Conditions to Company’s Obligations to Close. If pursuant to Section 11.3(j) below, the Parent shall have elected upon the advice of counsel to file a Form S-4, the obligation of the Company to consummate the transactions contemplated by this Agreement are subject to such Form S-4 being declared effective by the SEC and remaining effective, or the waiver prior to the Closing of such condition precedent. The Company may waive any condition specified in this Section 10.2 if it executes a writing so stating on or prior to the Closing and such waiver shall not be considered a waiver of any other provision in this Agreement unless the writing specifically so states.
Conditions to Company’s Obligations to Close. The obligations of to close the transactions contemplated by this Agreement are subject to the satisfaction of each of the following conditions, any one or more of which may be waived by the Company in writing at or prior to the First Closing and the Final Closing:
