Common use of Conditions to Obligations of the Company to Effect the Closing Clause in Contracts

Conditions to Obligations of the Company to Effect the Closing. (a) The obligations of the Company to effect the Closing and the transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing of each of the following conditions, any of which may be waived, in writing, by the Company. At the Closing, each Purchaser shall deliver or cause to be delivered to the Company the following: (i) this Agreement, duly executed by such Purchaser; (ii) such Purchaser's Subscription Amount, by wire transfer of immediately available funds as provided in the Closing Escrow Agreement; (iii) the Investor Rights Agreement, duly executed by such Purchaser; and (iv) the Security Agreement, duly executed by such Purchaser. (b) All representations and warranties of each of the Purchasers contained herein shall remain true and correct as of the Closing Date as though such representations and warranties were made on such date.

Conditions to Obligations of the Company to Effect the Closing. (a) The obligations of the Company to effect the Closing and the transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing of each of the following conditions, any of which may be waived, in writing, by the Company. At the Closing, each Purchaser shall deliver or cause to be delivered to the Company the following: (i) this Agreement, Agreement duly executed by such Purchaser; (ii) such Purchaser's ’s Subscription Amount, Amount by wire transfer of immediately available funds as provided in to the Company pursuant to the Closing Escrow Agreement;; and (iii) the Investor Rights Agreement, duly executed by such Purchaser; and (iv) the Security Agreement, Agreement duly executed by such Purchaser. (b) All representations and warranties of each of the Purchasers contained herein shall remain true and correct as of the Closing Date as though such the representations and warranties were made on such datethe Closing Date.

Conditions to Obligations of the Company to Effect the Closing. (a) The obligations of the Company to effect the Closing and the transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing of each of the following conditions, any of which may be waived, in writing, by the Company. At the Closing, each Purchaser shall deliver or cause to be delivered to the Company the following: (i) this Agreement, duly executed by such Purchaser; (ii) such Purchaser's ’s Subscription Amount, by wire transfer of immediately available funds as provided in the Closing Escrow Agreement; (iii) the Investor Rights Agreement, duly executed by such Purchaser; and (iv) the Security Agreement, duly executed by such Purchaser. (b) All representations and warranties of each of the Purchasers contained herein shall remain true and correct as of the Closing Date as though such representations and warranties were made on such date.

Conditions to Obligations of the Company to Effect the Closing. (a) The obligations of the Company to effect the Closing and the transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing of each of the following conditions, any of which may be waived, in writing, by the Company. . (a) At the Closing, each Purchaser shall deliver or cause to be delivered to the Company the following: (i) this Agreement, duly executed by such Purchaser; (ii) such Purchaser's ’s Subscription Amount, by wire transfer of immediately available funds as provided in the Closing Escrow Agreement;; and (iii) the Investor Rights Agreement, duly executed by such Purchaser; and (iv) the Security Agreement, duly executed by such Purchaser. (b) All representations and warranties of each of the Purchasers contained herein shall remain true and correct as of the Closing Date as though such representations and warranties were made on such date.

Conditions to Obligations of the Company to Effect the Closing. (a) The obligations of the Company to effect the Closing and the transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing of each of the following conditions, any of which may be waived, in writing, by the Company. At the Closing, each Purchaser shall deliver or cause to be delivered to the Company the following: (i) this Agreement, duly executed by such Purchaser; (ii) such Purchaser's ’s Subscription Amount, by wire transfer of immediately available funds to the account of the Company and, in the case of each Purchaser for which SCO Securities LLC is entitled to a fee as placement agent, as provided in the Closing Escrow Agreement;; and (iii) the Investor Rights Agreement, duly executed by such Purchaser; and (iv) the Security Agreement, duly executed by such Purchaser. (b) All representations and warranties of each of the Purchasers contained herein shall remain true and correct as of the Closing Date as though such representations and warranties were made on such date.

Conditions to Obligations of the Company to Effect the Closing. (a) The obligations of the Company to effect the Closing and the transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing of each of the following conditions, any of which may be waived, in writing, by the Company. At the Closing, each Purchaser shall deliver or cause to be delivered to the Company the following: (i) this Agreement, duly executed by such Purchaser; (ii) such Purchaser's Subscription Amount, by wire transfer of immediately available funds as provided in the Closing Escrow Agreement;Agreement or tender of one or more promissory notes, as the case may be; and (iii) the Investor Rights Agreement, duly executed by such Purchaser; and (iv) the Security Agreement, duly executed by such Purchaser. (b) All representations and warranties of each of the Purchasers contained herein shall remain true and correct as of the Closing Date as though such representations and warranties were made on such date.

Conditions to Obligations of the Company to Effect the Closing. (a) The obligations of the Company to effect the Closing and the transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing of each of the following conditions, any of which may be waived, in writing, by the Company. At the Closing, each Purchaser shall deliver or cause to be delivered to the Company the following: (i) this Agreement, duly executed by such Purchaser; (ii) such Purchaser's ’s Subscription Amount, by wire transfer of immediately available funds as provided in the Closing Escrow Agreementfunds; (iii) the Investor Rights Agreement, duly executed by such Purchaser; and; (iv) the Security Agreement, duly executed by such Purchaser; and (v) the Subordination Agreement, duly executed by Silicon Valley Bank and the Agent. (b) All representations and warranties of each of the Purchasers contained herein shall remain true and correct as of the Closing Date as though such representations and warranties were made on such date.

Conditions to Obligations of the Company to Effect the Closing. (a) The obligations of the Company to effect the Closing and the transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing of each of the following conditions, any of which may be waived, in writing, by the Company. At the Closing, each Purchaser severally and not jointly agrees to and shall deliver or cause to be delivered to the Company the following: (i) this Agreement, duly executed by such Purchaser; (ii) such Purchaser's Subscription ’s Purchase Amount, by wire transfer of immediately available funds as provided in the Closing Escrow Agreement;funds; and (iii) the Investor Rights Agreement, duly executed by such Purchaser; and (iv) the Security Agreement, duly executed by such Purchaser. (b) All representations and warranties of each of the Purchasers contained herein shall remain true and correct as of the Closing Date as though such representations and warranties were made on such date.