Conditions to Investors’ Obligations at Closing. The obligations of each Investor under Section 2 of this Agreement are subject to the fulfillment or waiver, on or before the Closing, of each of the following conditions, the waiver of which shall not be effective against any Investor who does not consent to such waiver, which consent may be given by written, oral or telephone communication to the Company, its counsel or to special counsel to the Investors:
Conditions to Investors’ Obligations at Closing. The obligations of the Investors under paragraphs 1.1 and 1.2 of this Agreement are subject to the fulfillment at or before the Closing of each of the following conditions:
Conditions to Investors’ Obligations at Closing. The obligations of each Investor under Section 1 of this Agreement with respect to the Initial Closing or any subsequent Closing are subject to the fulfillment (or waiver by the Investor) on or before such Closing of each of the following conditions, unless otherwise waived, provided however, any such waiver shall not be effective against any Investor that does not consent thereto:
Conditions to Investors’ Obligations at Closing. The obligations of Investor to purchase Shares at Closing are subject to the fulfillment on or before Closing of each of the following conditions unless waived by such Investor:
Conditions to Investors’ Obligations at Closing. The following conditions must be satisfied by the Company, unless waived by Investor, in Investor’s sole and absolute discretion.
Conditions to Investors’ Obligations at Closing. The obligations of each of the Investors under this Agreement are subject to the fulfillment, or the waiver by each of the Investors, of the conditions set forth in this Section 4 on or before the Closing.
Conditions to Investors’ Obligations at Closing. Each Investor’s obligation to deliver the Preferred Exchange Stock and accept delivery of the Non-Voting Common and to effect the Exchange shall be subject to the following conditions to the extent not waived by the Investors:
Conditions to Investors’ Obligations at Closing. The obligations of ----------------------------------------------- each Investor under Section 1 of this Agreement to purchase the Purchased Shares at the Closing are subject to the fulfillment or waiver, on or before the Closing, of each of the following conditions, any of which may be waived in writing by such Investor.
Conditions to Investors’ Obligations at Closing. The obligations of the Investor to purchase the Note under this Agreement are subject to the fulfillment or waiver, on or before the Closing, of each of the following conditions:
Conditions to Investors’ Obligations at Closing. The obligations of each Investor participating at the Closing are subject to the fulfillment at or before Closing of each of the following conditions, any of which may be waived in writing by the Investors who will be entitled to receive at least a majority of the Exchange Shares under this Agreement (the "Majority-in-Interest Investors"):
i. The representations and warranties of the Company contained in Section 5 shall be true and correct on and as of the Closing.
ii. The Company shall have performed or fulfilled all agreements and obligations contained herein required to be performed or fulfilled by the Company before the Closing.
iii. The Company shall have complied with, and the offer and sale or exchange of the Exchange Shares pursuant to this Agreement shall be effective under, all federal and state securities laws applicable to the offer and sale or exchange of the Exchange Shares to the Investors.
