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

Conditions to the Company’s Obligation. The obligation of the Company to consummate the Third Closing is subject to the satisfaction on or before the Third Closing Date of each of the following conditions, any of which may be waived in writing by the Company in its sole discretion: (i) each of the representations and warranties of each Purchaser participating in the Third Closing contained in this Agreement shall be true and correct in all material respects (or, to the extent any representation or warranty is qualified by materiality or any similar qualifier, in all respects) when made and on the Third Closing Date with the same force and effect as though such representations and warranties had been made on and as of such Third Closing Date (except where such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date); (ii) all obligations, covenants and agreements of the Purchasers hereunder required to be performed at or prior to the Third Closing Date shall have been performed; and (iii) each Purchaser participating in the Third Closing shall have delivered or caused to be delivered each of the items set forth in Section 2.4(b).

Conditions to the Company’s Obligation. The obligation of the Company to consummate the Third Second Closing is subject to the satisfaction on or before the Third Second Closing Date of each of the following conditions, any of which may be waived in writing by the Company in its sole discretion: (i) each of the representations and warranties of each Purchaser the Purchasers participating in the Third Second Closing contained in this Agreement shall be true and correct in all material respects (or, to the extent any representation or warranty is qualified by materiality or any similar qualifier, in all respects) when made and on the Third Second Closing Date with the same force and effect as though such representations and warranties had been made on and as of such Third Second Closing Date (except where such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date); (ii) all obligations, covenants and agreements of the Purchasers hereunder required to be performed at or prior to the Third Second Closing Date shall have been performed; and (iii) each Purchaser participating in the Third Second Closing shall have delivered or caused to be delivered each of the items set forth in Section 2.4(b2.3(b).

Conditions to the Company’s Obligation. The obligation of the Company to consummate the Third a Subsequent Closing is subject to the satisfaction on or before the Third applicable Closing Date of each of the following conditions, any of which may be waived in writing by the Company in its sole discretion: (i) each of the representations and warranties of each Purchaser the Purchasers participating in the Third such Subsequent Closing contained in this Agreement shall be true and correct in all material respects (or, to the extent any representation or warranty is qualified by materiality or any similar qualifier, in all respects) when made and on the Third applicable Subsequent Closing Date with the same force and effect as though such representations and warranties had been made on and as of such Third Subsequent Closing Date (except where such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date); (ii) all obligations, covenants and agreements of the Purchasers hereunder required to be performed at or prior to the Third such Subsequent Closing Date shall have been performed; and (iii) each Purchaser participating in the Third such Subsequent Closing shall have delivered or caused to be delivered each of the items set forth in Section 2.4(b2.5(b).

Conditions to the Company’s Obligation. The obligation of the Company to consummate the Third First Closing is subject to the satisfaction on or before the Third First Closing Date of each of the following conditions, any of which may be waived in writing by the Company in its sole discretion: (i) each of the representations and warranties of each Purchaser the Purchasers participating in the Third First Closing contained in this Agreement shall be true and correct in all material respects (or, to the extent any representation or warranty is qualified by materiality or any similar qualifier, in all respects) when made and on the Third First Closing Date with the same force and effect as though such representations and warranties had been made on and as of such Third First Closing Date (except where such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date); (ii) all obligations, covenants and agreements of the Purchasers hereunder required to be performed at or prior to the Third First Closing Date shall have been performed; and (iii) each Purchaser participating in the Third First Closing shall have delivered or caused to be delivered each of the items set forth in Section 2.4(b2.2(b).

Conditions to the Company’s Obligation. The obligation of the Company to consummate the Third any Closing is subject to the satisfaction on or before the Third applicable Closing Date of each of the following conditions, any of which may be waived in writing by the Company in its sole discretion,: (i) each of the representations and warranties of each Purchaser participating in the Third Closing Purchasers contained in this Agreement shall be true and correct in all material respects (or, to the extent any representation or warranty is qualified by materiality or any similar qualifier, in all respects) when made and on the Third First Closing Date with the same force and effect as though such representations and warranties had been made on and as of such Third First Closing Date (except where such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date); (ii) all obligations, covenants and agreements of the Purchasers hereunder required to be performed at or prior to the Third First Closing Date shall have been performed; and (iii) each Purchaser participating in the Third Closing Purchasers shall have delivered or caused to be delivered each of the items set forth in Section 2.4(b2.2(b).

Conditions to the Company’s Obligation. The obligation of the Company to consummate the Third second Closing is subject to the satisfaction on or before the Third Second Closing Date of each of the following conditions, any of which may be waived in writing by the Company in its sole discretion: (i) each of the representations and warranties of each Purchaser participating in the Third Closing Purchasers contained in this Agreement shall be true and correct in all material respects (or, to the extent any representation or warranty is qualified by materiality or any similar qualifier, in all respects) when made and on the Third Second Closing Date with the same force and effect as though such representations and warranties had been made on and as of such Third Second Closing Date (except where such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date); (ii) all obligations, covenants and agreements of the Purchasers hereunder required to be performed at or prior to the Third Second Closing Date shall have been performed; and (iii) each Purchaser participating in the Third Closing Purchasers shall have delivered or caused to be delivered each of the items set forth in Section 2.4(b2.3(b).

Conditions to the Company’s Obligation. The obligation of the Company to consummate the Third third Closing is subject to the satisfaction on or before the Third Fourth Closing Date of each of the following conditions, any of which may be waived in writing by the Company in its sole discretion: (i) each of the representations and warranties of each Purchaser participating in the Third Closing Purchasers contained in this Agreement shall be true and correct in all material respects (or, to the extent any representation or warranty is qualified by materiality or any similar qualifier, in all respects) when made and on the Third Fourth Closing Date with the same force and effect as though such representations and warranties had been made on and as of such Third Fourth Closing Date (except where such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date); (ii) all obligations, covenants and agreements of the Purchasers hereunder required to be performed at or prior to the Third Fourth Closing Date shall have been performed; and (iii) each Purchaser participating in the Third Closing Purchasers shall have delivered or caused to be delivered each of the items set forth in Section 2.4(b2.5(b).

Conditions to the Company’s Obligation. The obligation of the Company to consummate the Third second Closing is subject to the satisfaction on or before the Third Second Closing Date of each of the following conditions, any of which may be waived in writing by the Company in its sole discretion: (i) each of the representations and warranties of each the Purchaser participating in the Third Closing contained in this Agreement shall be true and correct in all material respects (or, to the extent any representation or warranty is qualified by materiality or any similar qualifier, in all respects) when made and on the Third Second Closing Date with the same force and effect as though such representations and warranties had been made on and as of such Third Second Closing Date (except where such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date);date); (ii) all obligations, covenants and agreements of the Purchasers Purchaser hereunder required to be performed at or prior to the Third Second Closing Date shall have been performed; performed; and (iii) each the Purchaser participating in the Third Closing shall have delivered or caused to be delivered each of the items set forth in Section 2.4(b2.3(b).

Conditions to the Company’s Obligation. The obligation of the Company to consummate the Third third Closing is subject to the satisfaction on or before the Third Fifth Closing Date of each of the following conditions, any of which may be waived in writing by the Company in its sole discretion: (i) each of the representations and warranties of each Purchaser participating in the Third Closing Purchasers contained in this Agreement shall be true and correct in all material respects (or, to the extent any representation or warranty is qualified by materiality or any similar qualifier, in all respects) when made and on the Third Fifth Closing Date with the same force and effect as though such representations and warranties had been made on and as of such Third Fifth Closing Date (except where such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date); (ii) all obligations, covenants and agreements of the Purchasers hereunder required to be performed at or prior to the Third Fifth Closing Date shall have been performed; and (iii) each Purchaser participating in the Third Closing Purchasers shall have delivered or caused to be delivered each of the items set forth in Section 2.4(b2.6(b).

Conditions to the Company’s Obligation. The obligation of the Company to consummate the Third first Closing is subject to the satisfaction on or before the Third First Closing Date of each of the following conditions, any of which may be waived in writing by the Company in its sole discretion: (i) each of the representations and warranties of each the Purchaser participating in the Third Closing contained in this Agreement shall be true and correct in all material respects (or, to the extent any representation or warranty is qualified by materiality or any similar qualifier, in all respects) when made and on the Third First Closing Date with the same force and effect as though such representations and warranties had been made on and as of such Third First Closing Date (except where such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date);date); (ii) all obligations, covenants and agreements of the Purchasers Purchaser hereunder required to be performed at or prior to the Third First Closing Date shall have been performed; performed; and (iii) each the Purchaser participating in the Third Closing shall have delivered or caused to be delivered each of the items set forth in Section 2.4(b2.2(b).