Common use of Conditions to the Buyer’s Obligation to Close Clause in Contracts

Conditions to the Buyer’s Obligation to Close. The Buyer’s obligation to complete the transactions provided for herein shall be subject to the performance by DRI of all agreements to be performed hereunder on or before the Closing, and to the further conditions that: (a) The representations and warranties of DRI contained in Article III and the covenants of DRI contained in Article V hereof are true and correct and have been performed or satisfied in all material respects as of the Closing with the same effect as if made or performed on and as of such date and DRI shall so certify to the Buyer. (b) There shall have been no material adverse change in the operating results, financial condition, properties or business prospects of DRI since March 31, 2005.

Conditions to the Buyer’s Obligation to Close. The Buyer’s 's obligation to complete the transactions provided for herein shall be subject to the performance by DRI of all agreements to be performed hereunder on or before the Closing, and to the further conditions that: (a) The representations and warranties of DRI contained in Article III and the covenants of DRI contained in Article V hereof are true and correct and have been performed or satisfied in all material respects as of the Closing with the same effect as if made or performed on and as of such date and DRI shall so certify to the Buyer. (b) There shall have been no material adverse change in the operating results, results or financial condition, properties or business prospects condition of DRI since March 31June 30, 20052003. (c) The asset-based lending agreement with LaSalle Business Credit, LLC shall have been consummated.

Conditions to the Buyer’s Obligation to Close. The Buyer’s obligation to complete the transactions provided for herein shall be subject to the performance by DRI of all agreements to be performed hereunder on or before the Closing, and to the further conditions that: (a) The representations and warranties of DRI contained in Article III and the covenants of DRI contained in Article V hereof are true and correct and have been performed or satisfied in all material respects as of the Closing with the same effect as if made or performed on and as of such date and DRI shall so certify to the Buyer. (b) There shall have been no material adverse change in the operating results, financial condition, properties or business prospects of DRI since March 31June 30, 2005.