Conditions to Final Closing Sample Clauses

Conditions to Final Closing. The obligation of WPHC to participate in the Final Closing shall be conditioned on all of the Final Closing Funding Conditions being satisfied either prior to the Final Closing or concurrently with the Final Closing. WPHC shall have the right, but not the obligation, to waive one or more of the Final Closing Funding Conditions. Any Member shall have the right to require an escrow closing to effect the Final Closing, and the other Members shall cooperate with regard to such escrow closing.
Sample 1Sample 2Sample 3See All (6)
AutoNDA by SimpleDocs
Conditions to Final Closing. The occurrence of the Final Closing is expressly contingent on (i) the truth and accuracy, in all material respects, on the Actual Effective Date and the Final Closing Date of the representations and warranties of the Company and each Subscriber contained in this Agreement, (ii) continued compliance in all material respects with the covenants of the Company set forth in this Agreement, (iii) the non-occurrence of any material default by the Company of its obligations and undertakings contained in this Agreement, (iv) the delivery on the Final Closing Date of Final Closing Shares covered by the Registration Statement, which Registration Statement must be declared effective by the Commission on or before the Final Closing Date, and (v) the delivery of the Final Closing Warrants for which the Warrant Shares issuable upon exercise thereof have been included in the Registration Statement. The exercise prices of the Warrants issuable on the Final Closing Date shall be adjusted to offset the effect of stock splits, stock dividends, pro rata distributions of property or equity interests to the Company's shareholders after the Initial Closing Date.
Sample 1Sample 2
Conditions to Final Closing. Purchaser's obligation to purchase the Stock and to consummate the Final Closing is conditioned upon the satisfaction or waiver, at or prior to the Final Closing Date, of the following conditions:
Sample 1
Conditions to Final Closing. 16.1 Seller's Conditions to Final Closing 26 16.2 Buyer's Conditions to Final Closing 26
Sample 1
Conditions to Final Closing. Notwithstanding anything to the contrary contained in this Agreement, the Final Closing shall not occur until such time as 1) the initiation of the Company's Phase II U.S. Food & Drug Administration clinical trial for the treatment of Presbyopia; 2) the earlier of (a) the receipt of regulatory approval from Health Canada to commercialize the Company's treatment for POA Glaucoma and/or Ocular Hypertension or (b) the completion, after the Merger Closing, of 500 surgical procedures (eyes) in Canada and/or the European Union utilizing the Focal One Implant for the treatment of POA Glaucoma or Ocular Hypertension; and 3) as to all purchasers other than CIBA, the concurrent Second Tranche investment by CIBA of $1,250,000.
Sample 1
Conditions to Final Closing. (a) Notwithstanding anything to the contrary contained in this Agreement, the Final Closing shall not occur until, and shall be expressly contingent upon, the satisfaction of the following performance milestones: (i) after the commencement of FDA Modular 5, at least 20 patient DOBI clinical test scans have been completed; (ii) shipment of at least 10 revenue-producing and production level ComfortScan(TM) systems; and (iii) Pubco's net loss (calculated in accordance with generally accepted accounting principles) being not more than 10% greater on a cumulative basis than $(1,900,000) and $(1,200,000) for the two fiscal quarters ended immediately following the Final Closing, respectively (collectively, the "Performance Milestones").
Sample 1
Conditions to Final Closing. 35 7.1 Conditions to Seller's and Purchaser's Obligations to Effect the Final Closing........................................... 35 7.2 Conditions to Seller's Obligation to Effect the Final Closing..................................................... 35 7.3 Conditions to Purchaser's Obligation to Effect the Final Closing..................................................... 35 ARTICLE VIII TERMINATION............................................ 36 8.1
Sample 1
AutoNDA by SimpleDocs
Conditions to Final Closing. 7.1 Conditions to Seller's and Purchaser's Obligations to Effect the Final Closing. The respective obligations of Seller and Purchaser to effect the Final Closing is subject to the satisfaction on or prior to the Final Closing Date of each of the following conditions:
Sample 1
Conditions to Final Closing 
Sample 1Sample 2Sample 3

Related to Conditions to Final Closing

  • Conditions to Second Closing The occurrence of the Second Closing is expressly contingent on (i) the truth and accuracy, on the Effective Date, Actual Effective Date and the Second Closing Date of the representations and warranties of the Company and Subscriber contained in this Agreement, (ii) continued compliance with the covenants of the Company set forth in this Agreement, (iii) the non-occurrence of any Event of Default (as defined in the Note) or other default by the Company of its obligations and undertakings contained in this Agreement, (iv) the delivery on the Second Closing Date of Second Closing Notes for which the Company Shares issuable upon conversion have been included in the Registration Statement, which must be effective as of the Second Closing Date, and (v) the delivery of the Second Closing Warrants for which the Warrant Shares issuable upon exercise have been included in the Registration Statement which must be effective as of the Second Closing Date. The exercise prices of the Warrants issuable on the Second Closing Date shall be adjusted to offset the effect of stock splits, stock dividends, pro rata distributions of property or equity interests to the Company's shareholders after the Initial Closing Date.

  • Conditions to Closing Date This Agreement shall become effective upon, and the obligation of each Lender to make the initial Extensions of Credit on the Closing Date is subject to, the satisfaction of the following conditions precedent:

  • Conditions to Closings Each Purchaser’s obligation to purchase and pay for the Notes to be sold to such Purchaser at the Closing is subject to the fulfillment to such Purchaser’s satisfaction, prior to or at the Closing, of the following conditions:

  • Conditions to the Closing Date The obligations of each Bank to make the Loans contemplated by subsections 2.1 and 2.2 and of the Issuing Bank to issue Letters of Credit contemplated by subsection 3.1 shall be subject to the compliance by the Company with its agreements herein contained and to the satisfaction, on or before October 1, 2004, of the following conditions:

  • Closing Conditions to Closing The Lender will not be obligated to make the initial Loans or to obtain any Letters of Credit on the Closing Date, unless the following conditions precedent have been satisfied in a manner satisfactory to Lender:

  • Conditions to the Closing On or before the Closing Date, the Trust Depositor shall deliver or cause to be delivered the following documents to the Owner Trustee and the Indenture Trustee:

  • Conditions to Closing of the Investors Each Investor’s obligations at the Closing are subject to the fulfillment, on or prior to the Closing Date, of all of the following conditions, any of which may be waived in whole or in part by all of the Investors:

  • Conditions to Closing Each Purchaser’s obligation to purchase and pay for the Notes to be sold to such Purchaser at the Closing is subject to the fulfillment to such Purchaser’s satisfaction, prior to or at the Closing, of the following conditions:

  • Conditions to Close Escrow shall not close unless and until the following conditions precedent and contingencies have been satisfied or waived in writing by the party for whose benefit the conditions have been included:

  • Purchaser’s Conditions to Closing The obligations of the Purchaser under this Agreement shall be subject to the satisfaction, on or prior to the Closing Date, of the following conditions:

Time is Money Join Law Insider Premium to draft better contracts faster.