CONDITIONS TO OBLIGATIONS OF THE SUBSCRIBER. The obligations of the Subscriber to consummate the transactions contemplated by this Agreement are subject to the satisfaction or waiver, at or prior to the Closing, of the following conditions: (i) All representations and warranties of the Company in Section 3 of this Agreement must be true and correct in all material respects on the Closing Date; and (ii) Compliance by the Company with the Rights Offering Procedures governing the Rights Offerings.
Appears in 3 contracts
Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement
CONDITIONS TO OBLIGATIONS OF THE SUBSCRIBER. The obligations of the Subscriber to consummate the transactions contemplated by this Agreement are subject to the satisfaction or waiver, at or prior to the Closing, of the following conditions:
(i) All representations and warranties of the Company in Section 3 23 of this Agreement must be true and correct in all material respects on the Closing Date; and
(ii) Compliance by the Company with the Rights Offering Procedures governing the Rights Offerings.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
CONDITIONS TO OBLIGATIONS OF THE SUBSCRIBER. The obligations of the Subscriber to consummate the transactions contemplated by this Agreement are subject to the satisfaction or waiverwaiver by the Subscriber, at or prior to the Closing, of the following conditions:
(i) All representations and warranties of the Company in Section 3 2 of this Agreement must shall be true and correct in all material respects on the Closing Date;
(ii) The Plan shall have been confirmed by the Bankruptcy Court; and
(iiiii) Compliance by the The Company shall have complied with the Rights Offering Procedures governing the Rights OfferingsOffering.
Appears in 2 contracts
Samples: Rights Offering Subscription Agreement, Rights Offering Subscription Agreement