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. 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 Subscription Amount, by wire transfer of immediately available funds; (iii) the Investor Rights Agreement, duly executed by such Purchaser; (iv) the Third Security Agreement Amendment, duly executed by such Purchaser; and (v) the Subordination Agreement, duly executed by Sand Hill Finance, LLC 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; (c) The Company shall have received the Third Security Agreement Amendment, duly executed by each party other than the Purchasers or the Company to execute such agreement in order for it to constitute a valid amendment of the Security Agreement; (d) The Company shall have received a waiver of preemptive rights duly executed by each of the purchasers under the Prior Purchase Agreements pursuant to which such purchasers waive their preemptive rights with respect to the Contemplated Transactions; and (e) The Company shall have received amendments to the Prior Notes duly executed by each of the holders of the Prior Notes.

Conditions to Obligations of the Company to Effect the Closing. 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 Subscription Amount, by wire transfer of immediately available funds; (iii) an original Series 2009 Note for such Purchaser in the maximum principal amount that is set forth on Schedule 1 hereto next to such Purchaser’s name, countersigned by such Purchaser; (iv) the Investor Rights Agreement, duly executed by such Purchaser; (ivv) the Third Security Agreement, duly executed by such Purchaser; (vi) the Fourth Security Agreement Amendment, duly executed by such Purchaser; and (vvii) the Subordination Agreement, duly executed by Sand Hill Finance, LLC 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;. (c) The Company shall have received the Third Fourth Security Agreement Amendment, duly executed by each party other than the Purchasers or the Company to execute such agreement in order for it to constitute a valid amendment of the Security Agreement;. (d) The Company shall have received a waiver of preemptive rights duly executed by each of the purchasers Prior Purchasers under the Prior Purchase Agreements pursuant to which such purchasers Prior Purchasers waive their preemptive rights with respect to the Contemplated Transactions; and. (e) The Company shall have received amendments to the Prior Notes duly executed by each of the holders of the Prior Notes.

Conditions to Obligations of the Company to Effect the Closing. 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 Subscription Amount, by wire transfer of immediately available funds; (iii) the Investor Rights Agreement, duly executed by such Purchaser; (iv) the Third Security Agreement Amendment, duly executed by such Purchaser; and (v) the Subordination Agreement, duly executed by Sand Hill Finance, LLC 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; (c) The Company shall have received the Third Security Agreement Amendment, duly executed by each party other than the Purchasers or the Company to execute such agreement in order for it to constitute a valid amendment of the Security Agreement;; and (d) The Company shall have received a waiver of preemptive rights duly executed by each of the purchasers under the Prior Purchase Agreements Agreement pursuant to which such purchasers waive their preemptive rights with respect to the Contemplated Transactions; and (e) The Company shall have received amendments to the Prior Notes duly executed by each of the holders of the Prior Notes.

Conditions to Obligations of the Company to Effect the Closing. 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 Subscription Amount, by wire transfer of immediately available funds; (iii) the Investor Rights Agreement, duly executed by such Purchaser; (iv) the Third Second Security Agreement Amendment, duly executed by such Purchaser; and (v) the Subordination Agreement, duly executed by Sand Hill Finance, LLC 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; (c) The Company shall have received the Third Second Security Agreement Amendment, duly executed by each party other than the Purchasers or the Company to execute such agreement in order for it to constitute a valid amendment of the Security Agreement;; and (d) The Company shall have received a waiver of preemptive rights duly executed by each of the purchasers under the Prior Purchase Agreements pursuant to which such purchasers waive their preemptive rights with respect to the Contemplated Transactions; and (e) The Company shall have received amendments to the Prior Notes duly executed by each of the holders of the Prior Notes.