Common use of Conditions to Company’s Obligations to Close Clause in Contracts

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 complete the purchase and sale of the Shares Notes and deliver such stock certificate(s) Notes to each of Purchaser at 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 aggregate Purchase Price of the Shares Notes being purchased hereunder at such Closing less the amount of any Demand Notes being delivered for cancellationhereunder; and (b) the accuracy of the representations and warranties made by such Purchaser the Purchasers as of the date of this Agreement; and (c) the fulfillment of those undertakings of such Purchaser the Purchasers to be fulfilled prior to such the Closing.