Conditions to Company’s Obligations. The obligations of the Company to consummate the transactions contemplated hereunder in connection with the Standby Offering are subject to the fulfillment, prior to or on the Closing Date, of the following conditions: (i) the representations and warranties of the Standby Purchaser in Section 2 shall be true and correct in all material respects as of the date hereof and as of the Closing Date as if made as of such date; and (ii) the Standby Purchaser shall have performed all of its obligations hereunder.
Appears in 5 contracts
Samples: Standby Purchase Agreement (Famous Daves of America Inc), Standby Purchase Agreement (Famous Daves of America Inc), Standby Purchase Agreement (Full House Resorts Inc)
Conditions to Company’s Obligations. The obligations of the Company to consummate the transactions contemplated hereunder in connection with the Standby Equity Offering are subject to the fulfillment, prior to or on the Closing Date, of the following conditions:
(i) the representations and warranties of the Standby Purchaser in Section 2 shall be true and correct in all material respects as of the date hereof and as of the Closing Date as if made as of such date; and
(ii) the Standby Purchaser shall have performed all of its obligations hereunder.
Appears in 2 contracts
Samples: Standby Purchase Agreement (AmBase Corp), Standby Purchase Agreement (Barc Investments LLC)
Conditions to Company’s Obligations. The obligations of the Company to consummate the transactions contemplated hereunder in connection with the Standby Offering are subject to the fulfillment, prior to or on the Closing Date, of the following conditions:
(i) the representations and warranties of the each Standby Purchaser in Section 2 shall be true and correct in all material respects as of the date hereof and as of the Closing Date as if made as of such date; and
(ii) the Standby Purchaser Purchasers shall have performed all of its their obligations hereunder.
Appears in 2 contracts
Samples: Standby Purchase Agreement (Schuler Jack W), Standby Purchase Agreement (Accelerate Diagnostics, Inc)
Conditions to Company’s Obligations. The obligations of the Company to consummate the transactions contemplated hereunder in connection with the Standby Offering with respect to each Standby Purchaser are subject to the fulfillmentfulfillment (or waiver by the Company in writing), prior to or on the Closing Date, of the following conditions:
(i) the representations and warranties of the such Standby Purchaser in Section 2 shall be true and correct in all material respects as of the date hereof and as of the Closing Date as if made as of such date; and
(ii) the such Standby Purchaser shall have performed all of its obligations hereunder.
Appears in 2 contracts
Samples: Standby Purchase Agreement (Swenson Nicholas John), Standby Purchase Agreement (Pro Dex Inc)
Conditions to Company’s Obligations. The obligations of the Company to consummate the transactions contemplated hereunder in connection with the Standby Offering are subject to the fulfillment, prior to or on the Closing Date, of the following conditions:
(i) the representations and warranties of the each Standby Purchaser in Section 2 shall be true and correct in all material respects as of the date hereof and as of the Closing Date as if made as of such date; and
(ii) the Standby Purchaser Purchasers shall have performed all of its their respective obligations hereunder.
Appears in 1 contract
Samples: Standby Purchase Agreement (RMG Networks Holding Corp)
Conditions to Company’s Obligations. The obligations of the Company to consummate the transactions contemplated hereunder in connection with the Standby Offering are subject to the fulfillment, prior to or on the Closing Date, of the following conditions:
(ia) the representations and warranties of the Standby Purchaser in Section 2 shall be true and correct in all material respects as of the date hereof and as of the Closing Date as if made as of such date; and
(iib) the Standby Purchaser shall have performed all of its obligations hereunder.
Appears in 1 contract
Samples: Stock Purchase Agreement (Famous Daves of America Inc)
Conditions to Company’s Obligations. The obligations of the Company to consummate the transactions contemplated hereunder in connection with the Standby Offering are subject to the fulfillment, prior to or on the Closing Date, of the following conditions, which may be waived by the Company in its sole discretion:
(i) the representations and warranties of the Standby Purchaser Purchasers in Section 2 shall be true and correct in all material respects as of the date hereof and as of the Closing Date as if made as of such date; and
(ii) the Standby Purchaser Purchasers shall have performed all of its their obligations hereunder.
Appears in 1 contract
Samples: Standby Purchase Agreement (Providence Service Corp)
Conditions to Company’s Obligations. The obligations of the Company to consummate the transactions contemplated hereunder in connection with the Standby Offering are subject to the fulfillment, prior to or on the Closing Date, of the following conditions:
(i) the representations and warranties of the Standby Purchaser in Section 2 3 shall be true and correct in all material respects as of the date hereof and as of the Closing Date as if made as of such date; and
(ii) the Standby Purchaser shall have performed all of its obligations hereunder.
Appears in 1 contract
Conditions to Company’s Obligations. The obligations of the Company to consummate the transactions contemplated hereunder in connection with the Standby Offering are subject to the fulfillment, prior to or on the Closing Date, of the following conditions:
(i) the representations and warranties of each of the Standby Purchaser Purchasers in Section 2 3 shall be true and correct in all material respects as of the date hereof and as of the Closing Date as if made as of such date; and
(ii) each of the Standby Purchaser Purchasers shall have performed and complied in all of material respects with his or its covenants and obligations hereunder.
Appears in 1 contract
Conditions to Company’s Obligations. The obligations of the Company to consummate the transactions contemplated hereunder in connection with the Standby Offering are subject to the fulfillmentfulfillment or waiver, prior to on or on before the Closing Date, of the following conditions:
(i) the representations and warranties of the Standby Purchaser in Section 2 shall be true and correct in all material respects as of the date hereof and as of the Closing Date as if made as of such date; and
(ii) the Standby Purchaser shall have performed all of its his obligations hereunder.
Appears in 1 contract
Samples: Standby Purchase Agreement (Chanticleer Holdings, Inc.)
Conditions to Company’s Obligations. The obligations of the Company to consummate the transactions contemplated hereunder in connection with the Standby Offering are subject to the fulfillmentfulfillment or waiver, prior to on or on before the Closing Date, of the following conditions:
(i) the representations and warranties of the Standby Purchaser Purchasers in Section 2 Sections 2, 3 and 4 shall be true and correct in all material respects as of the date hereof and as of the Closing Date as if made as of such date; and
(ii) the Standby Purchaser Purchasers shall have performed all of its their obligations hereunder.
Appears in 1 contract
Conditions to Company’s Obligations. The obligations of the Company to consummate the transactions contemplated hereunder in connection with the Rights Offering and the Standby Offering are subject to the fulfillment, prior to or on the Closing Date, of the following conditions:
(i) the representations and warranties of each of the Standby Purchaser Purchasers in Section 2 3 shall be true and correct in all material respects as of the date hereof and as of the Closing Date as if made as of such date; and
(ii) each of the Standby Purchaser Purchasers shall have performed and complied in all of material respects with his or its covenants and obligations hereunder.
Appears in 1 contract
Samples: Support and Standby Purchase Agreement (RumbleOn, Inc.)