Conditions to Obligations of the Company at the 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 the Closing. The ------------------------------------------------------- Company's obligations hereunder are subject to the fulfillment, at or prior to the Closing, of all of the following conditions:
Conditions to Obligations of the Company at the Closing. The Company’s obligation to complete the purchase and sale of the Shares and deliver stock certificate(s) to the Purchasers at the Closing is subject to the fulfillment or waiver as of the Closing Date of the following conditions:
Conditions to Obligations of the Company at the Closing. The obligations of the Company to consummate the transactions contemplated hereby to be consummated at the Closing shall be subject to the satisfaction or waiver at or prior to the Closing of each of the following additional conditions:
Conditions to Obligations of the Company at the Closing. The Company's obligation to issue and sell the Series B-1 Notes under this Agreement to a Purchaser is subject to the fulfillment, on or prior to the Closing, of the following conditions as to such Purchaser, any of which may be waived by the Company:
(a) Representations and Warranties, Performance of -------------------------------------------------- Obligations. The representations and warranties made by such Purchaser in ----------- Section 4 hereof shall be true and correct at the date of the Closing, with the same force and effect as if they had been made on and as of said date. Such Purchaser shall have performed and complied with all agreements and conditions herein required to be performed or complied with by it on or before the Closing.
Conditions to Obligations of the Company at the Closing. The Company’s obligation (i) to accept the shares of Series D Preferred surrendered at the Closing by the Series D Holders hereunder and (ii) to issue shares of the Series D-1 Preferred to the Series D Holders, in exchange therefor, is subject to the satisfaction, on or prior to the Closing, of the following conditions:
Conditions to Obligations of the Company at the Closing. The Company’s obligation to issue and sell the Initial Notes at the Closing is subject to the satisfaction or waiver, on or prior to the Closing, of the following conditions.
Conditions to Obligations of the Company at the Closing. At Closing, the obligation of the Company to sell and issue the Shares shall be subject to the satisfaction or the Company’s waiver, on or prior to the Closing Date, of each of the following conditions:
(a) Each of the representations and warranties of Purchaser contained in this Agreement shall be true and correct in all material respects.
(b) All covenants, agreements and conditions contained in this Agreement to be performed by Purchaser on or prior to the Closing Date shall have been performed or complied with in all material respects at or prior to the Closing Date.
(c) The Company shall have received each of the documents to be delivered to it pursuant to Section 2.2(b). [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
(d) Purchaser shall have executed and delivered this Agreement and the Collaboration Agreement, such agreements shall be in full force and effect.
(e) The holders of at least a majority of the shares of Common Stock that constitute Registrable Securities shall have consented to the Company granting to the Purchaser the registration rights contained in Section 5.1 of this Agreement.
Conditions to Obligations of the Company at the Closing. The obligations of ------------------------------------------------------- the Company under this Agreement at the Closing are subject to satisfaction of the condition (which may be waived by the Company) that all of the representations and warranties of the Investors contained in this Agreement shall be true and correct on the Closing Date with the same effect as if made on the Closing Date.
Conditions to Obligations of the Company at the Closing. The obligation of the Company to consummate or cause to be consummated the transactions to be performed at the Closing as described in Section 2(c)(v) is subject to the satisfaction or waiver of the following conditions:
(i) each Investor shall consummate or cause to be consummated the transactions contemplated in the appropriate clauses of Section 2(c) to be performed by it at the Closing;
(ii) the representations and warranties set forth in Section 3 above shall be true and correct in all material respects as to each Investor at and as of the Closing Date;
(iii) no court or Governmental Authority shall have enacted, issued, promulgated, enforced or entered any law, statute, ordinance, rule, regulation, judgement, decree, injunction or other order (whether temporary, preliminary or permanent) that continues in effect and restrains, enjoins or otherwise prohibits consummation of the transactions to be performed at the Closing; and
(iv) each Investor shall have performed and complied with all of its respective covenants hereunder in all material respects through the Closing Date as if made on that Closing Date.
