Common use of Conditions to Investor’s Obligation to Purchase Clause in Contracts

Conditions to Investor’s Obligation to Purchase. The obligation of Investors hereunder to purchase the Securities at the Closing is subject to the satisfaction, on or before the Closing Date, of each of the following conditions, provided that these conditions are for Investors’ sole benefit and may be waived by Investors at any time in its sole discretion: 6.1. Company shall have executed this Agreement, and the Note and delivered the same to Investors. 6.2. Company shall have delivered to Investors a fully executed Officer’s Certificate substantially in the form attached hereto as Exhibit B evidencing Company’s approval of the Transaction Documents. In the event any of the conditions in Sections 5 and 6 is not satisfied or waived by the Closing Date, the Agreement will be cancelled and deemed void ab initio.

Conditions to Investor’s Obligation to Purchase. The obligation of Investors hereunder to purchase the Securities at the Closing is subject to the satisfaction, on or before the Closing Date, of each of the following conditions, provided that these conditions are for Investors’ sole benefit and may be waived by Investors at any time in its sole discretion: 6.1. Company shall have executed this Agreement, the Note and the Note Warrant and delivered the same to Investors. 6.2. Company shall have delivered to Investors a fully executed Officer’s Certificate substantially in the form attached hereto as Exhibit B C evidencing Company’s approval of the Transaction Documents. In the event any of the conditions in Sections 5 and 6 is not satisfied or waived by the Closing Date, the Agreement will be cancelled and deemed void ab initio.