Conditions to Obligations of the Investors and the Company. The respective obligations of each of the Investors and the Company to consummate the transactions contemplated hereby shall be subject to the satisfaction or waiver at or prior to the Closing of each of the following conditions:
Conditions to Obligations of the Investors and the Company. The respective obligations of the Investors and the Company to execute and deliver the Governance Agreement and the Registration Rights Agreement are subject to the satisfaction or waiver at or prior to the Closing of each of the following conditions:
Conditions to Obligations of the Investors and the Company. The obligations of the Investors to purchase and pay for the Securities are subject to the condition that the representations and warranties of the Company contained in Section 5 shall be true and correct as of the Closing in all respects with the same effect as though such representations and warranties had been made as of the Closing, and the obligation of the Company to sell the Securities is subject to the condition that the representations and warranties of the Investors contained in Section 6 shall be true and correct as of the Closing in all respects with the same effect as though such representations and warranties had been made as of the Closing. The obligations of the Investors to purchase and pay for the Securities and of the Company to sell the Securities are subject to the satisfaction at or prior to the Closing of the following further conditions precedent:
Conditions to Obligations of the Investors and the Company. The obligations of the Investors to purchase and pay for the Preferred Shares and the Warrants and of the Company to sell the Preferred Shares and the Warrants are subject to the satisfaction at or prior to the Closing of the following conditions precedent:
Conditions to Obligations of the Investors and the Company. The respective obligations of the Investors and the Company to consummate the Second Purchase shall be subject to the satisfaction or waiver at or prior to the Second Closing of each of the following conditions:
Conditions to Obligations of the Investors and the Company. The obligations of each Investor to deliver the Exchanged 6.50% Notes of such Investor and of the Company to deliver the New Securities to such Investor are subject to the satisfaction or waiver at or prior to the Closing of the conditions precedent that (a) the representations and warranties of the Company and such Investor contained in Sections 4 and 5 , respectively, shall be true and correct as of the Closing Date in all material respects with the same effect as though such representations and warranties had been made as of the Closing Date and (b) the Shares and the Warrant Shares shall be approved for listing on The Nasdaq Stock Market, subject to official notice of issuance.
Conditions to Obligations of the Investors and the Company. The obligations of each Investor to deliver the Exchanged Old Notes of such Investor and of the Company to deliver the Exchanged New Notes to each Investor are subject to the satisfaction or waiver at or prior to the Closing of the conditions precedent that (a) the representations and warranties of the Company and such Investor contained in Sections 4 and 5 , respectively, shall be true and correct as of the Closing in all material respects with the same effect as though such representations and warranties had been made as of the Closing, (b) the Company shall have obtained any required consents, waivers and/or approvals under its existing agreements with its securityholders with respect to the issuance of the Exchanged New Notes in exchange for the Exchanged Old Notes (and accrued and unpaid interest thereon) and the consummation of the transactions related thereto, and (c) the Conversion Shares shall be approved for listing on The NASDAQ Stock Market (“NASDAQ”), subject to official notice of issuance.
Conditions to Obligations of the Investors and the Company. The obligations of the Company and the Investors to effect the transactions described in Section 4 of this Agreement are subject to the satisfaction of the following conditions, unless waived in writing by the Investors and the Company.
Conditions to Obligations of the Investors and the Company. (a) The obligation of the Investors to deliver (or cause to be delivered) the applicable Repurchased Preferred Stock is subject to the satisfaction, at or prior to the Closing, of the following conditions precedent:
Conditions to Obligations of the Investors and the Company. The obligations of each Investor to purchase and pay for the Securities specified in Appendix A and of the Company to sell the Securities are subject to the satisfaction at or prior to the Closing of the following conditions precedent: the representations and warranties of the Company contained in Section 5 hereof and of such Investor contained in Section 6 hereof shall be true and correct as of the Closing in all respects with the same effect as though such representations and warranties had been made as of the Closing.
