Conditions to Holder’s Obligations. The Company understands that Holder’s obligation to purchase the Securities on the Closing Date pursuant to this Agreement is conditioned upon:
Conditions to Holder’s Obligations. The obligation of the Holder to consummate the Exchange is subject to the fulfillment, to the Holder’s reasonable satisfaction, prior to or at the Closing, of each of the following conditions:
Conditions to Holder’s Obligations. The obligations of the Holder hereunder in connection with the Closing are subject to the following conditions being met:
Conditions to Holder’s Obligations. The obligation of each Holder to tender the Old Notes owned beneficially and of record by it in the Offer is subject to the fulfillment, on or before the Consummation Date, of each of the following conditions (all or any of which may be waived in whole or in part by such Holder in its sole discretion):
Conditions to Holder’s Obligations. The willingness of the Holder to consent to and enter into this Amendment is subject to the satisfaction of the following conditions concurrently with the execution and delivery of this Amendment:
Conditions to Holder’s Obligations. The obligations of each Holder hereunder required to be performed on the Closing Date shall be subject, at the election of each Holder (as to itself only), to the satisfaction or waiver, at or prior to the Closing, of the following conditions:
Conditions to Holder’s Obligations. The obligations of each Holder hereunder required to be performed on the Closing Date shall be subject, at the election of each Holder (as to itself only), to the satisfaction or waiver, at or prior to the Closing, of the following conditions: The representations and warranties of the Company contained in this Agreement (i) shall have been true and correct when made and (ii) shall be (A) in the case of representations and warranties that are qualified as to materiality or Material Adverse Effect, true and correct and (B) in all other cases, true and correct in all material respects, in the case of clauses (A) and (B), as of the Closing Date with the same force and effect as though made on and as of the Closing Date. The Company shall have performed in all material respects all of its obligations, agreements and covenants contained in this Agreement to be performed and complied with at or prior to the Closing Date. The Company shall have entered into each of the Supplementary Registration Rights Agreement and the Supplementary Shareholders Agreement. There has been no Material Adverse Effect (i) since December 31, 2002, except as disclosed in the Commission Filings filed prior to the date hereof, or (ii) since the date hereof. Any applicable waiting period under the HSR Act shall have expired or been terminated; provided, that each Holder has used its reasonable best efforts to obtain clearance under the HSR Act. The Company shall have delivered to the Holders a certificate executed by it or on its behalf by a duly authorized representative, dated the Closing Date, to the effect that each of the conditions specified in paragraph (a) through (d) of this Section 7.2 has been satisfied. No provision of any Applicable Law, injunction, order or decree of any Governmental Entity shall be in effect which has the effect of making the Transactions illegal or shall otherwise restrain or prohibit the consummation of the Transactions. The Holders shall have received an opinion of counsel to the Company, dated the Closing Date, and addressed to the Holders, in the form attached hereto as Exhibit C. The Holders shall have received certificates representing the shares of Common Stock to be issued in the Issuance. The Company shall have received, on terms reasonably satisfactory to the Company, Apollo Management and Blackstone, any consent or waiver necessary under the Credit Agreement to permit the performance of this Agreement and consummation of the Transaction. The sto...
Conditions to Holder’s Obligations. The obligations of Holder under Section 2 of this Agreement are subject to the fulfillment or waiver, on or before the First Closing or Second Closing, as the case may be, of each of the following conditions, the waiver of which shall not be effective against any Holder who does not consent to such waiver, which consent may be given by any written communication to Borrower, its counsel or to counsel to Holder:
Conditions to Holder’s Obligations. The Company understands that Holder's obligation to deliver to the Company all of the Wareforce Preferred Stock beneficially owned by the Holder on the Closing Date pursuant to this Agreement is conditioned upon:
Conditions to Holder’s Obligations. The obligations of the Holder hereunder will be subject to the accuracy of the representations and warranties of the Company herein contained as of the date hereof and as of the Closing Date, and to the performance by the Company of its obligations hereunder and to the following additional conditions:
