Common use of CONDITIONS TO EACH PURCHASER'S OBLIGATION TO PURCHASE Clause in Contracts

CONDITIONS TO EACH PURCHASER'S OBLIGATION TO PURCHASE. The obligation of each Purchaser hereunder to purchase the Purchased Shares on the Closing Date is subject to the satisfaction, on or before the Closing Date, of each of the following conditions, provided, that these conditions are for each Purchaser's sole benefit and may be waived by such Purchaser at any time in its sole discretion by providing the Seller with prior written notice thereof: (a) The Seller shall have caused the Purchased Shares to be delivered to the Purchasers in the denominations and registered in the names requested by the Purchasers. (b) The representations and warranties of the Seller shall be true and correct in all material 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), and the Seller shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Seller at or prior to the Closing Date. (c) The Seller shall have obtained all governmental, regulatory or third party consents and approvals, if any, necessary for the sale of the Purchased Shares. (d) The First Trigger Event, the Second Trigger Event or the Third Trigger Event shall have occurred and, with respect to the First Trigger Event, the average of the Closing Bid Prices of the Ordinary Stock shall have been at or above $6.234 (as adjusted for any stock dividend, stock split, stock combination, reclassification or similar transaction) for the five (5) consecutive Trading Days ending on the Closing Date.

CONDITIONS TO EACH PURCHASER'S OBLIGATION TO PURCHASE. The obligation of each (i) Each Purchaser hereunder to purchase the Purchased Shares on the Closing Date is subject to the satisfaction, on or before the Closing Date, of each of the following conditions, provided, that these conditions are for each Purchaser's sole benefit and may be waived by such Purchaser at any time in its sole discretion by providing the Seller with prior written notice thereof: (a) The Seller shall have caused the Purchased Shares received all documents contemplated to be delivered to the Purchasers in the denominations and registered in the names requested by the Purchasers.Partnership pursuant to Section 2.02(a); (bii) The representations and warranties of the Seller Partnership 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 hereof (except for representations and warranties that speak as of a specific date which 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 such specified date), ) and the Seller Partnership shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by this Agreement the Transaction Documents to be performed, satisfied or complied with by the Seller Partnership at or prior to the Closing Date. (ciii) The Seller Common Units (I) shall be designated for quotation or listed on the Exchange and (II) shall not have been suspended, as of the Closing Date, by the Commission or the Exchange from trading on the Exchange nor shall suspension by the Commission or the Exchange have been threatened, as of the Closing Date, either (A) in writing by the Commission or the Exchange or (B) by falling below the minimum listing maintenance requirements of the Exchange. (iv) The Exchange shall have approved, orally or in writing, the listing of the Conversion Units; and (v) The Partnership shall have obtained all governmental, regulatory or third party consents and approvals, if any, necessary for the sale of the Purchased SharesSecurities. (d) The First Trigger Event, the Second Trigger Event or the Third Trigger Event shall have occurred and, with respect to the First Trigger Event, the average of the Closing Bid Prices of the Ordinary Stock shall have been at or above $6.234 (as adjusted for any stock dividend, stock split, stock combination, reclassification or similar transaction) for the five (5) consecutive Trading Days ending on the Closing Date.

CONDITIONS TO EACH PURCHASER'S OBLIGATION TO PURCHASE. The obligation of each (i) Each Purchaser hereunder to purchase the Purchased Shares on the Closing Date is subject to the satisfaction, on or before the Closing Date, of each of the following conditions, provided, that these conditions are for each Purchaser's sole benefit and may be waived by such Purchaser at any time in its sole discretion by providing the Seller with prior written notice thereof: (a) The Seller shall have caused the Purchased Shares received all documents contemplated to be delivered to the Purchasers in the denominations and registered in the names requested by the Purchasers.Partnership pursuant to Section (bii) The representations and warranties of the Seller Partnership 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 hereof (except for representations and warranties that speak as of a specific date which 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 such specified date), ) and the Seller Partnership shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by this Agreement the Transaction Documents to be performed, satisfied or complied with by the Seller Partnership at or prior to the Closing Date. (ciii) The Seller Common Units (I) shall be designated for quotation or listed on the Exchange and (II) shall not have been suspended, as of the Closing Date, by the Commission or the Exchange from trading on the Exchange nor shall suspension by the Commission or the Exchange have been threatened, as of the Closing Date, either (A) in writing by the Commission or the Exchange or (B) by falling below the minimum listing maintenance requirements of the Exchange. (iv) The Exchange shall have approved, orally or in writing, the listing of the Conversion Units; and (v) The Partnership shall have obtained all governmental, regulatory or third party consents and approvals, if any, necessary for the sale of the Purchased SharesSecurities. (d) The First Trigger Event, the Second Trigger Event or the Third Trigger Event shall have occurred and, with respect to the First Trigger Event, the average of the Closing Bid Prices of the Ordinary Stock shall have been at or above $6.234 (as adjusted for any stock dividend, stock split, stock combination, reclassification or similar transaction) for the five (5) consecutive Trading Days ending on the Closing Date.

CONDITIONS TO EACH PURCHASER'S OBLIGATION TO PURCHASE. The obligation of each (i) Each Purchaser hereunder to purchase the Purchased Shares on the Closing Date is subject to the satisfaction, on or before the Closing Date, of each of the following conditions, provided, that these conditions are for each Purchaser's sole benefit and may be waived by such Purchaser at any time in its sole discretion by providing the Seller with prior written notice thereof: (a) The Seller shall have caused the Purchased Shares received all documents contemplated to be delivered to the Purchasers in the denominations and registered in the names requested by the Purchasers.Partnership pursuant to Section 2.02(a); (bii) The representations and warranties of the Seller Partnership 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 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 such specified date), ) and the Seller Partnership shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by this Agreement the Transaction Documents to be performed, satisfied or complied with by the Seller Partnership at or prior to the Closing Date. (ciii) The Seller Common Units (I) shall be designated for quotation or listed on the Exchange and (II) shall not have been suspended, as of the Closing Date, by the Commission or the Exchange from trading on the Exchange nor shall suspension by the Commission or the Exchange have been threatened, as of the Closing Date, either (A) in writing by the Commission or the Exchange or (B) by falling below the minimum listing maintenance requirements of the Exchange. (iv) The Exchange shall have approved, orally or in writing, the listing of the Conversion Units; and (v) The Partnership shall have obtained all governmental, regulatory or third party consents and approvals, if any, necessary for the sale of the Purchased SharesSecurities. (d) The First Trigger Event, the Second Trigger Event or the Third Trigger Event shall have occurred and, with respect to the First Trigger Event, the average of the Closing Bid Prices of the Ordinary Stock shall have been at or above $6.234 (as adjusted for any stock dividend, stock split, stock combination, reclassification or similar transaction) for the five (5) consecutive Trading Days ending on the Closing Date.