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

Conditions to Lender’s Obligations. The obligations of each Lender under this Section 2 are subject to the fulfillment or waiver, on or before each Closing, as applicable, of each of the following conditions, the waiver of which shall not be effective against any Lender 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 Lenders: (a) each of the representations and warranties of the Company contained in Section 4 shall be true and complete in all material respects on and as of such Closing with the same effect as though such representations and warranties had been made on and as of the date of such Closing; (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 such Closing and shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein; and (c) the Company shall have executed and delivered to each Lender purchasing a Note at such Closing a Note and a Warrant in the amounts set forth opposite such Lender’s name on the Schedule of Lenders.

Conditions to Lender’s Obligations. The obligations of each Lender under this Section 2 are subject to the fulfillment or waiver, on or before each Closing, as applicable, of each of the following conditions, the waiver of which shall not be effective against any Lender 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 Lenders: (a) each of the representations and warranties of the Company contained in Section 4 shall be true and complete in all material respects on and as of such Closing with the same effect as though such representations and warranties had been made on and as of the date of such Closing; (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 such Closing and shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein; and (c) the Company shall have executed and delivered to each Lender purchasing a Note at such Closing a Note and a Warrant in the amounts set forth opposite such Lender’s name on the Schedule of Lenders.

Conditions to Lender’s Obligations. The obligations of each Lender under this Section 2 of this Agreement are subject to the fulfillment or waiver, on or before each the Closing, as applicable, of each of the following conditions, the waiver of which shall not be effective against any Lender 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 Lenders: (a) i. each of the representations and warranties of the Company contained in Section 4 3 shall be true and complete in all material respects on and as of such the Initial Closing with the same effect as though such representations and warranties had been made on and as of the date of such the Closing; (b) ii. 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 such the Closing and shall have obtained all approvals, consents and qualifications necessary to complete the purchase and sale described herein; and (c) iii. the Company shall have executed and delivered to each Lender purchasing a Note at the Note, evidencing the Company’s indebtedness to such Closing a Note and a Warrant Lender in the amounts set forth opposite amount next to such LenderXxxxxx’s name on the Schedule of Lenders.