Conditions to Obligations of Subscriber. The obligations of Subscriber to purchase and pay for the Concurrent Shares at the Closing are subject to satisfaction or waiver of each of the following conditions precedent:
Conditions to Obligations of Subscriber. Subscriber's obligation to purchase the Shares from Seller is conditioned upon the following:
Conditions to Obligations of Subscriber. Issuer 1 and Issuer 2. The obligations of Subscriber to purchase and pay for the Securities as set forth in this Subscription Agreement and of Issuer 1 and Issuer 2 to sell the Securities are subject to the satisfaction at or prior to the Closing of the following conditions precedent: the representations and warranties of each of Issuer 1 and Issuer 2 contained in Section 5 and Section 6 hereof and of Subscriber contained in Section 7 hereof shall be true and correct as of the Closing in all respects with the same effect as though such representations and warranties had been made as of the Closing.
Conditions to Obligations of Subscriber. The obligation of Subscriber hereunder to purchase the Preferred Shares at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for Subscriber’s sole benefit and may be waived by Subscriber at any time in its sole discretion by providing the Holding Company with prior written notice thereof, provided further that Subscriber agrees that the condition set forth in clause (iv) below may be waived by the Majority of Holders in their discretion on behalf of all Buyers at any time by providing the Holding Company with prior written notice thereof:
Conditions to Obligations of Subscriber. 4.1 Subscriber’s obligation to purchase the Securities at the Closing at which such purchase is to be consummated is subject to the fulfillment on or prior to such Closing of the following conditions, which conditions may be waived at the option of each Subscriber to the extent permitted by law:
Conditions to Obligations of Subscriber. Subscriber’s obligations to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment, at or prior to the Closing, of each of the following conditions, any of which may be waived in writing by Subscriber in its sole discretion:
Conditions to Obligations of Subscriber. The obligations of Subscriber to purchase and pay for the Concurrent Shares at the Closing are subject to satis- faction or waiver of each of the following conditions prece- dent:
Conditions to Obligations of Subscriber. The obligations of Subscriber ----------------------------------------- hereunder are, at its option, subject to the conditions that the representations and warranties of the Company in Section 4 hereof shall be accurate as of the Closing Date, as though such representations and warranties had been made at and as of such time, and all of the terms, covenants and conditions of this Subscription Agreement and the Agreement to be complied with and performed by the Company on or before the Closing Date shall have been duly complied with and performed. 7 Conditions to Obligations of the Company. The obligations of the Company ----------------------------------------- hereunder are, at its option, subject to the conditions that the representations and warranties of Subscriber in Section 5 hereof shall be accurate as of the Closing Date, as though such representations and warranties had been made at and as of such time, and all of the terms, covenants and conditions to this Agreement to be complied with and performed by the Subscriber on or before the Closing Date shall have been duly complied with and performed.
Conditions to Obligations of Subscriber. The obligation of the undersigned to pay the purchase price is subject to receipt by The Xxxxxxxxx Group, Inc. on behalf of the undersigned of (i) an opinion of Xxxxx & Xxxxxxx LLP with respect to the matters referred to in Annex D attached hereto and (ii) a certificate of an officer of the Company stating that (a) the representations and warranties of the Company set forth in this Subscription Agreement are true and correct as of the closing date with the same effect as though such representations and warranties had been made on the closing date and (b) all covenants of the Company set forth in this Subscription Agreement required to have been performed prior to the closing shall have been duly performed.
Conditions to Obligations of Subscriber. The obligations of Subscriber hereunder are, at its option, subject to the conditions that the representations and warranties of the Company in Section 4 hereof shall be accurate as of the Closing Date, as though such representations and warranties had been made at and as of such time, and all of the terms, covenants and conditions of this Subscription Agreement and the Agreement to be complied with and performed by the Company on or before the Closing Date shall have been duly complied with and performed.
