Common use of Conditions to Issuance of Executive Securities Clause in Contracts

Conditions to Issuance of Executive Securities. The obligation of the Company to issue Executive Securities to the Executive was subject to the following conditions: (i) the representation and warranties set forth in Section 3 below had to be true and accurate with respect to the Executive on the date of the Original Agreement and the date of Closing; (ii) the Executive settling the aggregate Subscription Price for the Executive Securities as follows: (A) in respect of the Co-Invest Securities, the Executive shall execute the Notes; and (B) in respect of the Incentive Securities, the Executive had to pay to the Company in cash (in accordance with Section 2(c) below) the amount set forth in column 3 of Exhibit B opposite each class of Inventive Securities; and (C) the execution and delivery of the Power of Attorney.

Conditions to Issuance of Executive Securities. The obligation of the Company to issue Executive Securities to the Executive was be subject to the following conditions: (i) the representation and warranties set forth in Section 3 below had to be true and accurate in all material respects with respect to the Executive on the date of the Original Agreement and the date of Closingsubscription; (ii) the Executive settling the aggregate Subscription Price for the Executive Securities as follows: (A) in respect of the Co-Invest Securities, the Executive shall execute the Notes; and (B) in respect of Securities and the Incentive Securities, the Executive had to pay to the Company in cash (in accordance with Section 2(c) below) the amount set forth in column 3 of Exhibit B opposite each class of Inventive such Securities; and (CB) the execution and delivery of the Power of Attorney.