Conditions to Obligations of the Company and the Purchasers. (a) The obligations of the Company to sell the Class A Units are subject to the satisfaction of the following conditions: (i) the representations and warranties of each Purchaser contained in Section 4 of this Agreement shall be true and correct on and as of the Closing Date in all respects; (ii) each Purchaser shall have entered into the LLC Agreement prior to or concurrently with the Closing; and (iii) the concurrent consummation of the Merger, pursuant to the terms of the Merger Agreement.
Appears in 4 contracts
Samples: Subscription Agreement (STR Holdings (New) LLC), Subscription Agreement (STR Holdings LLC), Subscription Agreement (STR Holdings LLC)