Common use of Conditions to Dealer’s Obligations Clause in Contracts

Conditions to Dealer’s Obligations. The obligation of Dealer to consummate its purchase of Purchased Units on the Closing Date shall be subject to the satisfaction of each of the following conditions (any or all of which may be waived by Dealer with respect to itself, in whole or in part): (i) The representations and warranties of the Partnership contained in this Agreement shall be true and correct in all material respects as of the date hereof and as of the Closing Date (except that representations and warranties made as of a specific date shall be required to be true and correct as of such date only); (ii) The Partnership shall have performed and complied in all material respects with all of the covenants and agreements contained in this Agreement and the Limited Partnership Agreement that are required to be performed or complied with by it on or prior to the date hereof or the Closing Date, as applicable; (iii) The Forward Counterparty shall have executed the Forward Confirmation and the tax certification required thereunder and the conditions to effectiveness thereunder shall have been satisfied or waived; and (iv) The Partnership shall have delivered, or caused to be delivered, to Dealer the closing deliveries described in Section 2(d) below on or prior to the date hereof.

Conditions to Dealer’s Obligations. The obligation of Dealer to consummate its purchase of Purchased Units on the Closing Date shall be subject to the satisfaction of each of the following conditions (any or all of which may be waived by Dealer with respect to itself, in whole or in part): (i) The representations and warranties of the Partnership contained in this Agreement shall be true and correct in all material respects as of the date hereof and as of the Closing Date (except that representations and warranties made as of a specific date shall be required to be true and correct as of such date only); (ii) The Partnership shall have performed and complied in all material respects with all of the covenants and agreements contained in this Agreement and the Limited Partnership Agreement that are required to be performed or complied with by it on or prior to the date hereof or the Closing Date, as applicable; (iii) The Forward Counterparty shall have executed the Forward Confirmation Supplemental Confirmations and the tax certification required thereunder and the conditions to effectiveness thereunder shall have been satisfied or waived; and (iv) The Partnership shall have delivered, or caused to be delivered, to Dealer the closing deliveries described in Section 2(d) below on or prior to the date hereof.