Common use of Conditions to Investor’s Obligations Clause in Contracts

Conditions to Investor’s Obligations. The obligation of each Investor to consummate the transactions contemplated hereby is subject to the satisfaction on or prior to the Closing of the following conditions: (a) The Company shall have delivered to each of the Investors which is purchasing Company Securities hereunder certificates for the Company Securities so purchased. (b) No preliminary or permanent injunction or order, decree or ruling of any nature issued by any court or governmental agency of competent jurisdiction, nor any statute, rule, regulation or executive order promulgated or enacted by any United States federal, state or local governmental authority, shall be in effect, that would prevent the consummation of the transactions contemplated by this Agreement or the Merger Agreement. (c) All of the conditions to effecting the Merger under Article VI of the Merger Agreement (including the debt financing condition set forth in Section 6.2(e), but excluding the conditions set forth in Section 6.3) shall have been fulfilled or waived in accordance with the Merger Agreement; provided, however, that Section 6.2(e) of the Merger Agreement shall be deemed to have been satisfied if the debt financing referred to therein is not available solely because of the refusal or inability of the Investors to provide in the aggregate $40,000,000 of equity financing to the Company (including by delivery of Bakex Xxxmon Stock or Bakex Xxxions as permitted by Section 1.1(b)).

Conditions to Investor’s Obligations. The obligation of each Investor to consummate purchase and pay for the transactions contemplated hereby Securities at the Closing is subject to the satisfaction on or prior to the Closing of the following conditions: (a) The Company shall have delivered to each of the Investors which is purchasing Company Securities hereunder certificates for the Company Securities so purchased. (b) No preliminary or permanent injunction or order, decree or ruling of any nature issued by any court or governmental agency of competent jurisdiction, nor any statute, rule, regulation or executive order promulgated or enacted by any United States federal, state or local governmental authority, shall be in effect, that would prevent the consummation of the transactions contemplated by this Agreement or the Merger Agreement. (c) All of the conditions to effecting the Merger under Article VI of the Merger Agreement (including the debt financing condition set forth in Section 6.2(e), but excluding the conditions set forth in Section 6.3) shall have been fulfilled or waived in accordance with the Merger Agreement; provided, however, that Section 6.2(e) of the Merger Agreement shall be deemed to have been satisfied if the debt financing referred to therein is not available solely because of the refusal or inability of the Investors to provide in the aggregate $40,000,000 of equity financing to the Company (including by delivery of Bakex Xxxmon Stock or options to purchase shares of Bakex Xxxions Xxxmon Stock as permitted by Section 1.1(b)1.2).

Conditions to Investor’s Obligations. The obligation of each ------------------------------------ Investor to consummate purchase and pay for the transactions contemplated hereby Securities at the Closing is subject to the satisfaction on or prior to the Closing of the following conditions: (a) The Company shall have delivered to each of the Investors which is purchasing Company Securities hereunder certificates for the Company Securities so purchased. (b) No preliminary or permanent injunction or order, decree or ruling of any nature issued by any court or governmental agency of competent jurisdiction, nor any statute, rule, regulation or executive order promulgated or enacted by any United States federal, state or local governmental authority, shall be in effect, that would prevent the consummation of the transactions contemplated by this Agreement or the Merger Agreement. (c) All of the conditions to effecting the Merger under Article VI of the Merger Agreement (including the debt financing condition set forth in Section 6.2(e), but excluding the conditions set forth in Section 6.3) shall have been fulfilled or waived in accordance with the Merger Agreement; provided, however, that Section 6.2(e) of --------- ------- the Merger Agreement shall be deemed to have been satisfied if the debt financing referred to therein is not available solely because of the refusal or inability of the Investors to provide in the aggregate $40,000,000 of equity financing to the Company (including by delivery of Bakex Xxxmon Xxxxx Common Stock or Bakex Xxxions options to purchase shares of Xxxxx Common Stock as permitted by Section 1.1(b)1.2).

Conditions to Investor’s Obligations. The obligation of each Investor to consummate the transactions contemplated hereby is subject to the satisfaction on or prior to the Closing of the following conditions: (a) The Company shall have delivered to each of the Investors which is purchasing Company Securities hereunder certificates for the Company Securities so purchased. (b) No preliminary or permanent injunction or order, decree or ruling of any nature issued by any court or governmental agency of competent jurisdiction, nor any statute, rule, regulation or executive order promulgated or enacted by any United States federal, state or local governmental authority, shall be in effect, that would prevent the consummation of the transactions contemplated by this Agreement or the Merger Agreement. (c) All of the conditions to effecting the Merger under Article VI of the Merger Agreement (including the debt financing condition set forth in Section 6.2(e), but excluding the conditions set forth in Section 6.3) shall have been fulfilled or waived in accordance with the Merger Agreement; provided, however, that Section 6.2(e) of the Merger Agreement shall be deemed to have been satisfied if the debt financing referred to therein is not available solely because of the refusal or inability of the Investors to provide in the aggregate $40,000,000 38,000,000 of equity financing to the Company (including by delivery of Bakex Xxxmon Stock or Bakex Xxxions as permitted by Section 1.1(b)).

Conditions to Investor’s Obligations. The obligation of each ------------------------------------ Investor to consummate the transactions contemplated hereby is subject to the satisfaction on or prior to the Closing of the following conditions: (a) The Company shall have delivered to each of the Investors which is purchasing Company Securities hereunder certificates for the Company Securities so purchased. (b) No preliminary or permanent injunction or order, decree or ruling of any nature issued by any court or governmental agency of competent jurisdiction, nor any statute, rule, regulation or executive order promulgated or enacted by any United States federal, state or local governmental authority, shall be in effect, that would prevent the consummation of the transactions contemplated by this Agreement or the Merger Agreement. (c) All of the conditions to effecting the Merger under Article VI of the Merger Agreement (including the debt financing condition set forth in Section 6.2(e), but excluding the conditions set forth in Section 6.3) shall have been fulfilled or waived in accordance with the Merger Agreement; provided, however, that Section 6.2(e) of the Merger Agreement shall be deemed -------- ------- to have been satisfied if the debt financing referred to therein is not available solely because of the refusal or inability of the Investors to provide in the aggregate $40,000,000 of equity financing to the Company (including by delivery of Bakex Xxxmon Xxxxx Common Stock or Bakex Xxxions Xxxxx Options as permitted by Section 1.1(b)).