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

CONDITIONS TO THE COMPANY’S OBLIGATION TO ISSUE. The obligation of the Company hereunder to issue the Purchased Notes to the Investor at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing the Investor with prior written notice thereof: (a) The Investor shall have executed each of the Transaction Documents to which it is a party and delivered the same to the Company. (b) The Investor shall have delivered to the Company the Purchase Price for the Purchased Notes, in each case in accordance with the written instructions of the Company. (c) The representations and warranties of the Investor shall be true and correct in all material respects as of the date when made and as of the Closing Date as though made at that time (except for representations and warranties that speak as of a specific date), and the Investor shall have performed, satisfied, and complied in all material respects with the covenants, agreements, and conditions required by this Agreement to be performed, satisfied, or complied with by the Investor at or prior to the Closing Date.

CONDITIONS TO THE COMPANY’S OBLIGATION TO ISSUE. The obligation of the Company hereunder to issue and sell the Purchased Notes applicable Subscription Shares to the Investor at the each Closing is subject to the satisfaction, at or before the relevant Closing Date, of each of the following conditionsconditions (if such remain relevant in a subsequent Closing), provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing the Investor with prior written notice thereof: (a) The Investor shall have executed each of the Transaction Documents to which it is a party and delivered the same to the Company. (b) The Investor shall have delivered to the Company the Purchase Price for the Purchased Notes, in each case in accordance with the written instructions of the Company. (c) 6.1 The representations and warranties of the Investor shall be true and correct in all material respects as of the date when made and as of the relevant Closing Date as though made at that time (except for representations and warranties that speak as of a specific date), and the Investor shall have performed, satisfied, satisfied and complied in all material respects with the covenants, agreements, agreements and conditions required by this Agreement to be performed, satisfied, satisfied or complied with by the Investor at or prior to the relevant Closing Date; 6.2 The Investor shall have executed and delivered to the Company each of the Transaction Documents to be delivered by the Investor hereunder together with the applicable proceeds of the investment; and 6.3 All of the terms, covenants and conditions of this Agreement to be performed and/or complied with by the Investor at or prior to the relevant Closing Date shall have been performed or complied with.

CONDITIONS TO THE COMPANY’S OBLIGATION TO ISSUE. The obligation of the Company hereunder to issue the Purchased Notes Note to the Investor Lender at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing the Investor Lender with prior written notice thereof: (a) The Investor Lender shall have executed each of the other Transaction Documents to which it is a party and delivered the same to the Company. (b) The Investor shall have delivered to the Company the Purchase Price for the Purchased Notes, in each case in accordance with the written instructions of the Company. (c) The representations and warranties of the Investor Lender shall be true and correct in all material respects as of the date when made and as of the Closing Date as though originally made at that time (except for representations and warranties that speak as of a specific date, which shall be true and correct as of such specific date), and the Investor Lender shall have performed, satisfied, satisfied and complied in all material respects with the covenants, agreements, agreements and conditions required by this Agreement to be performed, satisfied, satisfied or complied with by the Investor Lender at or prior to the Closing Date.

CONDITIONS TO THE COMPANY’S OBLIGATION TO ISSUE. (a) The obligation of the Company hereunder to issue the Purchased Notes to the each Investor at the Closing is subject to the satisfaction, at or before the Closing Date, of each of the following conditions, provided that these conditions are for the Company’s 's sole benefit and may be waived by the Company at any time in its sole discretion by providing the each Investor with prior written notice thereof:. (ab) The Such Investor shall have executed each of the Transaction Documents to which it is a party and delivered the same to the Company. (bc) The Such Investor and each other Investor shall have delivered to the Company the Purchase Price Exchange Consideration by delivery of the Series D Cumulative Preferred Certificates, duly endorsed (or accompanied by duly executed stock powers) for the Purchased Notes, in each case in accordance with the written instructions of transfer to the Company. (cd) The representations and warranties of the such Investor shall be true and correct in all material respects as of the date when made and as of the Closing Date as though made at that time (except for representations and warranties that speak as of a specific date), and the such Investor shall have performed, satisfied, satisfied and complied in all material respects with the covenants, agreements, agreements and conditions required by this Agreement to be performed, satisfied, satisfied or complied with by the such Investor at or prior to the Closing Date. (e) The Company shall have obtained approval of the Principal Market to list the Conversion Shares and the Default Warrant Shares.