Common use of CONDITIONS TO THE COMPANY’S OBLIGATION TO ISSUE AND TO THE INVESTOR’S OBLIGATION TO SUBSCRIBE Clause in Contracts

CONDITIONS TO THE COMPANY’S OBLIGATION TO ISSUE AND TO THE INVESTOR’S OBLIGATION TO SUBSCRIBE. The obligation of the Company hereunder to issue the Initial Convertible Preferred Shares and the Warrants to the Investor at the Closing and the obligation of the Investor hereunder to subscribe for the Initial Convertible Preferred Shares and the Warrants from the Company hereunder are each subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions may be waived, in whole or in part, by either party hereto only as regards the obligations of the other party to procure the relevant conditions, at any time in its sole discretion by providing the other party hereto with prior written notice thereof:

Appears in 3 contracts

Samples: Share Subscription Agreement (Datang Telecom Technology & Industry Holdings LTD), Share Subscription Agreement (Semiconductor Manufacturing International Corp), Share Subscription Agreement (China Investment Corp)

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CONDITIONS TO THE COMPANY’S OBLIGATION TO ISSUE AND TO THE INVESTOR’S OBLIGATION TO SUBSCRIBE. The obligation of the Company hereunder to issue the Initial Convertible Preferred Shares and the Warrants to the Investor at the Closing and the obligation of the Investor hereunder to subscribe for the Initial Convertible Preferred Shares and the Warrants from the Company Company’ hereunder are each subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions may be waived, in whole or in part, by either party hereto only as regards the obligations of the other party to procure the relevant conditions, at any time in its sole discretion by providing the other party hereto with prior written notice thereof:

Appears in 1 contract

Samples: Share Subscription Agreement (Semiconductor Manufacturing International Corp)

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