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

Conditions to the Company’s Obligation. The obligation of the Company hereunder to issue and sell the Securities to Buyer at the Closing is subject to the satisfaction, at or before the Closing Date of each of the following conditions thereto, 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: a. Buyer shall have executed this Agreement, and delivered the same to the Company. b. Buyer shall have delivered and the Company shall have received the Purchase Price in accordance with Section 1. c. The representations and warranties of Buyer 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 Buyer 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 Buyer at or prior to the Closing Date. d. No undisclosed litigation, statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by or in any court or governmental authority of competent jurisdiction or any self-regulatory organization having authority over the matters contemplated hereby which prohibits the consummation of any of the transactions contemplated by this Agreement.

Conditions to the Company’s Obligation. The obligation of the Company hereunder to issue and sell the Securities to Buyer each Purchaser at the Closing is subject to the satisfaction, at or before the Closing Date Closing, of each of the following conditions theretoconditions, 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 discretiondiscretion by providing each Purchaser with prior written notice thereof: a. Buyer (a) Such Purchaser shall have delivered to the Company the Registration Rights Agreement duly executed this Agreementby such Purchaser. (b) Such Purchaser and each other Purchaser shall have delivered to the Company the Purchase Price for the Securities, and delivered by wire transfer of immediately available funds pursuant to the same to wire instructions provided by the Company. b. Buyer shall have delivered and the Company shall have received the Purchase Price in accordance with Section 1. c. (c) The representations and warranties of Buyer each Purchaser contained in Section 3.02 of this Securities Purchase Agreement shall be true and correct in all material respects, in each case as of the Closing Date as though made at and as of such date, except to the extent that they expressly refer to an earlier or specific time, in which case they 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 such time. (except for representations and warranties that speak as of a specific date), and Buyer d) Each Purchaser shall have performed, satisfied performed and complied with, in all material respects with respects, the covenantsagreements, agreements covenants and conditions obligations required by this Securities Purchase Agreement to be performed, satisfied so performed or complied with by Buyer such Purchaser at or prior to before the Closing DateClosing. d. No undisclosed litigation, statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by or in any court or governmental authority of competent jurisdiction or any self-regulatory organization having authority over the matters contemplated hereby which prohibits the consummation of any of the transactions contemplated by this Agreement.

Conditions to the Company’s Obligation. The obligation of the Company hereunder to issue and sell the Securities to Buyer at the Closing is subject to the satisfaction, at or before the Closing Date of each of the following conditions thereto, 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: a. Buyer Lender shall have executed this Agreement, and delivered the same to the Company. b. Buyer Lender shall have delivered and the Company shall have received the Purchase Price Loan Amount in accordance with Section 1. c. The representations and warranties of Buyer Lender 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 Buyer Lender 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 Buyer Lender at or prior to the Closing Date. d. No undisclosed litigation, statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by or in any court or governmental authority of competent jurisdiction or any self-regulatory organization having authority over the matters contemplated hereby which prohibits the consummation of any of the transactions contemplated by this Agreement.

Conditions to the Company’s Obligation. The obligation of the Company hereunder to issue and sell the Securities Debentures and the Warrants to a Buyer at the Closing is subject to the satisfaction, at or before the Closing Date of each of the following conditions thereto, 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: a. The applicable Buyer shall have executed this Agreement, the Registration Rights Agreement, the Security Agreement, the Intellectual Property Security Agreement, the Subsidiary Security Agreement, and the Subsidiary Intellectual Property Security Agreement and delivered the same to the Company. b. The applicable Buyer shall have delivered and the Company shall have received the Purchase Price in accordance with Section 11(b) above. c. The representations and warranties of the applicable Buyer 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 Buyer 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 Buyer at or prior to the Closing Date.at d. No undisclosed litigation, statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by or in any court or governmental authority of competent jurisdiction or any self-regulatory organization having authority over the matters contemplated hereby which prohibits the consummation of any of the transactions contemplated by this Agreement.