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

Conditions to Investor’s Obligations. The obligations of the 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 or email communication to the Company, its counsel or to special counsel to the Investor: (a) Each of the representations and warranties of the Company contained in Section 3 shall be true and correct on and as of the Closing with the same effect as though such representations and warranties had been made on and as of the date of the Closing; and (b) the Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the Closing and shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein. (c) The Company and the Investor shall have executed this Agreement, the Note and the Warrant. (d) The Company shall have received payment of the Principal Amount from the Investor.

Conditions to Investor’s Obligations. The obligations of the 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 or email communication to the Company, its counsel or to special counsel to the Investor: (ai) Each of the representations and warranties of the Company contained in Section 3 shall be true and correct on and as of the Closing with the same effect as though such representations and warranties had been made on and as of the date of the Closing; and (bii) the Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the Closing and shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein. (ciii) The Company and the Investor shall have executed this Agreement, the Note and the Warrant. (d) The Company shall have received payment of the Principal Amount from the Investor.

Conditions to Investor’s Obligations. The obligations of the 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 written, oral or email telephone communication to the Company, Company or its counsel or to special counsel to the Investorcounsel: (a) Each each of the representations and warranties of the Company contained in Section 3 shall be true and correct in all material respects on and as of the Closing with the same effect as though such representations and warranties had been made on and as of the date of the Closing; and; (b) the Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the Closing and shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.; and (c) The the Company and the Investor shall have executed this Agreementand delivered to each Investor a Note, in the Note and form attached hereto as Exhibit A, evidencing the WarrantCompany’s indebtedness to such Investor in the amount set forth on such Investor’s signature page hereto. (d) The Company shall have received payment of the Principal Amount from the Investor.

Conditions to Investor’s Obligations. The obligations of the 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 written, oral or email telephone communication to the Company, its counsel or to special counsel to the InvestorInvestors: (a) Each of the representations and warranties of the Company contained in Section 3 shall be true and correct on and as of the Closing with the same effect as though such representations and warranties had been made on and as of the date of the Closing; and (b) the Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the Closing and shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein. (c) The Company and the Investor shall have executed this Agreement, the Note and the Warrant. (d) The Company shall have received payment of the Principal Amount from the Investor.

Conditions to Investor’s Obligations. The obligations of the 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 written, oral or email telephone communication to the Company, its counsel or to special counsel to the InvestorInvestors: (a) Each each of the representations and warranties of the Company contained in Section 3 shall be true and correct complete on and as of the Closing with the same effect as though such representations and warranties had been made on and as of the date of the Closing; and; (b) the Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the Closing and shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.; and (c) The the Company and the Investor shall have executed this Agreementand delivered to each Investor a Note, in the Note and form attached hereto as Exhibit B, evidencing the Warrant. (d) The Company shall have received payment of Company’s indebtedness to such Investor in the Principal Amount from the amount next to such Investor.’s name on Exhibit A.

Conditions to Investor’s Obligations. The obligations of the each Investor under Section 2 of this Agreement are subject to the fulfillment or waiver, on or before the applicable 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 written, oral or email telephone communication to the Company, its counsel or to special counsel to the InvestorInvestors: (a) Each Except as otherwise specifically set forth in Section 3 hereof, each of the representations and warranties of the Company contained in Section 3 shall be true and correct on and as of the such Closing with the same effect as though such representations and warranties had been made on and as of the date of the such Closing; and; (b) the Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the such Closing and shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein. (c) The Company and the Investor shall have executed this Agreement, the Note and the Warrant. (d) The Company shall have received payment of the Principal Amount from the Investor.; and

Conditions to Investor’s Obligations. The obligations of the each Investor under Section 2 of this Agreement are subject to the fulfillment or waiver, on or before the Closing and each Additional 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 or email communication to the Company, Company or its counsel or to special counsel to the Investorcounsel: (a) Each of the representations and warranties of the Company contained in Section 3 4 shall be true and correct on and as of the Closing or Additional Closing, as the case may be, with the same effect as though such representations and warranties had been made on and as of the date of the Closing or Additional Closing; and, as the case may be. (b) the The Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the Closing or Additional Closing, as the case may be, and shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein. (c) The Company and the Investor shall have executed this Agreement, the Note and the Warrant. (d) The Company shall have received payment of the Principal Amount from the Investor.

Conditions to Investor’s Obligations. The obligations of the 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 written, oral or email telephone communication to the Company, its counsel or to special counsel to the InvestorInvestors: (a) Each each of the representations and warranties of the Company contained in Section 3 shall be true and correct complete on and as of the Closing with the same effect as though such representations and warranties had been made on and as of the date of the Closing; and; (b) the Company shall have performed and complied with all agreements, obligations and conditions contained in this Agreement that are required to be performed or complied with by it on or before the Closing and shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein.; (c) The the Company and the Investor shall have executed this Agreementand delivered to each Investor a Note, in the Note and form attached hereto as Exhibit B, evidencing the Warrant. (d) The Company shall have received payment of Company’s indebtedness to such Investor in the Principal Amount from the amount next to such Investor.’s name on Exhibit A.