CONDITIONS TO OBLIGATIONS OF THE COMPANY AT CLOSING. The Company's obligation to issue and sell the Shares at the Closing is subject to the satisfaction, on or prior to the Closing, of the following conditions:
CONDITIONS TO OBLIGATIONS OF THE COMPANY AT CLOSING. The Company’s obligation to issue the Shares at the Closing, is subject to the satisfaction, on or prior to the Closing, of the following conditions:
CONDITIONS TO OBLIGATIONS OF THE COMPANY AT CLOSING. The Company's obligation to issue and sell the shares of its Series E Stock at the Closing is subject to the fulfillment to the Company's satisfaction, on or prior to the Closing, of the following conditions, any of which may be waived by the Company:
CONDITIONS TO OBLIGATIONS OF THE COMPANY AT CLOSING. The obligation of the Company to sell and issue the Series B Shares and the Notes to the Purchasers at the Closing in accordance with Section 3.3 shall be subject to:
(a) the delivery by the Purchasers of the Sentinel Purchase Price, the Xxxxxxxxxxx Purchase Price, the Slack Purchase Price, the Xxxxx Cash Purchase Price, the Purchaser Warrants and the Purchaser Notes in accordance with Section 3.3;
(b) as of the Closing Date, the Purchasers having received all consents and approvals, including governmental and third party consents or approvals that are required to be obtained in connection with the transactions contemplated under this Agreement and the Related Documents;
(c) as of the Closing Date, the representations and warranties made by the Purchasers in Article V hereof being true and correct in all respects to the extent they are qualified by materiality or Material Adverse Effect, and to the extent not so qualified shall be true and correct in all material respects; and
(d) a certificate of a duly authorized officer of each Purchaser dated as of the Closing Date certifying that the closing conditions described in Sections 6.2(b) and 6.2(c), as they pertain to such Purchaser, have been satisfied.
CONDITIONS TO OBLIGATIONS OF THE COMPANY AT CLOSING. The Company's obligation to issue and sell the shares of its Common Stock to be sold at the Closing, is subject to the fulfillment to the Company's satisfaction, on or prior to the Closing of each of the following conditions, any of which may be waived by the Company:
(a) Representations and Warranties/Performance of Obligations. The representations and warranties made by P&U in Article 4 hereof and in the ISV-900 Project Agreement shall be true and correct in all material respects on the Closing Date, with the same force and effect as if they had been made on and as of that date, and P&U shall have performed and complied in all material respects with all material obligations and conditions required under this Agreement to be performed or complied with by it on or prior to the Closing, and a certificate duly executed by an officer of P&U, certifying the foregoing, shall be delivered to the Company at the Closing.
CONDITIONS TO OBLIGATIONS OF THE COMPANY AT CLOSING. The Company's obligation to issue and sell the shares of its Common Stock to be sold at the Initial Closing and each Milestone Closing, as applicable, is subject to the fulfillment to the Company's satisfaction,
CONDITIONS TO OBLIGATIONS OF THE COMPANY AT CLOSING. The Company’s obligation to complete the Note Purchase and the Exchange, as applicable, at the Closing is subject to the satisfaction, on or prior to the Closing, of the following conditions:
CONDITIONS TO OBLIGATIONS OF THE COMPANY AT CLOSING. The obligations of the Company to sell and issue the Shares to be delivered to each Purchaser at the Closing shall be subject to the satisfaction or waiver of each of the following conditions on or before Closing Date as set forth below. Each Purchaser shall use its commercially reasonable best efforts to ensure that all conditions to the Closing set forth in this Article VI are satisfied on or prior to the Closing Date, including executing and delivering all documents required to be delivered by such Purchaser at the Closing.
CONDITIONS TO OBLIGATIONS OF THE COMPANY AT CLOSING
