Conditions to Parties Obligations. The obligations of each Party hereunder at the Closing are subject to the satisfaction of each of the following conditions, provided that these conditions are for the sole benefit of such Party and may be waived by such Party at any time in its sole discretion by providing the other Party with prior written notice thereof: (i) The other Party shall have executed this Agreement and delivered the same to such Party. (ii) The representations and warranties of the other Party in this Agreement shall be true and correct as of the date when made and as of the date of the Closing as though made at that time.
Appears in 3 contracts
Samples: Exchange Agreement (Diodes Inc /Del/), Exchange Agreement (Diodes Inc /Del/), Exchange Agreement (Diodes Inc /Del/)
Conditions to Parties Obligations. The obligations of each Party party hereunder at the Closing are subject to the satisfaction of each of the following conditions, provided that these conditions are for the sole benefit of such Party party and may be waived by such Party party at any time in its sole discretion by providing the other Party party with prior written notice thereof:
(ia) The the other Party party shall have executed this Agreement and delivered the same to such Party.party; and
(iib) The the representations and warranties of the other Party party in this Agreement shall be true and correct as of the date when made and as of the date of the Closing as though made at that time.
Appears in 2 contracts
Samples: Exchange Agreement (EPIX Pharmaceuticals, Inc.), Note Purchase Agreement (EPIX Pharmaceuticals, Inc.)