CONDITIONS TO THE COMPANY'S OBLIGATIONS AT CLOSING. The obligations of the Company to the Purchasers under this Agreement are subject to the fulfillment or waiver, on or before the Closing, of each of the following conditions:
CONDITIONS TO THE COMPANY'S OBLIGATIONS AT CLOSING. The obligations of the Company to each Investor under this Agreement are subject to the fulfillment or waiver on or before the Closing of each of the following conditions by each Investor:
CONDITIONS TO THE COMPANY'S OBLIGATIONS AT CLOSING. The obligations of the Company to the Investor at the Closing are subject to the fulfillment, on or by the Closing, of each of the following conditions, which waiver may be given by written, oral or telephone communication to the Investor or its counsel:
CONDITIONS TO THE COMPANY'S OBLIGATIONS AT CLOSING. The obligations of the Company to sell Debentures to the Purchaser at each Closing are subject to the fulfillment, on or before such Closing, of each of the following conditions, unless otherwise waived:
CONDITIONS TO THE COMPANY'S OBLIGATIONS AT CLOSING. The obligation of the Company hereunder to issue the Common Shares to each Investor at the Closing in exchange for such Investor's Warrants 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 each Investor with prior written notice thereof:
(i) Such Investor shall have executed each of this Agreement and the Registration Rights Agreement and delivered the same to the Company.
(ii) Such Investor shall have delivered to the Company or its representative for surrender and cancellation the original Exchanged Warrant and the original New Warrant issued to such Investor pursuant to the Redemption Agreement.
(iii) With respect to each holder of the Warrants issued pursuant to the Redemption Agreement or the Series B Warrants issued pursuant to the Securities Purchase Agreement, the Company shall have either (A) entered into an agreement with such holder to exchange such Warrants or Series B Warrants, as applicable, for shares of Common Stock and the exchange contemplated by such agreement is consummated prior to or concurrently with the Closing or (B) received a written waiver from such holder waiving any antidilution adjustment to the exercise price of the Warrants or the Series B Warrants, as applicable, held by such Investor which would otherwise result from the issuance of the Common Shares pursuant to this Agreement.
(iv) The representations and warranties of such Investor contained herein shall be true and correct 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 such Investor shall have performed, satisfied and complied with the covenants, agreements and conditions required by the Transaction Documents to be performed, satisfied or complied with by such Investor at or prior to the Closing Date.
CONDITIONS TO THE COMPANY'S OBLIGATIONS AT CLOSING. The Company’s obligation to sell and issue the Note at the Closing is subject to the fulfillment of the following conditions:
CONDITIONS TO THE COMPANY'S OBLIGATIONS AT CLOSING. The obligations of the Company under this Agreement to sell and issue to Purchaser the Shares are subject to the satisfaction or waiver, at or prior to the Closing, of the following conditions:
CONDITIONS TO THE COMPANY'S OBLIGATIONS AT CLOSING. The obligation of -------------------------------------------------- the Company to sell the Stock at the Closing is subject to the fulfillment to the Company's satisfaction on or prior to the Closing of the following conditions:
CONDITIONS TO THE COMPANY'S OBLIGATIONS AT CLOSING. The obligations of the Company to the Investor under this Agreement are subject to the fulfillment or waiver, on or before the Closing, of each of the following conditions, the waiver of which shall not be effective against the Company if the Company does not consent to such waiver, which consent may be given by written communication to the Investor or its counsel:
CONDITIONS TO THE COMPANY'S OBLIGATIONS AT CLOSING. The obligations of the Company to issue, sell and deliver to the Investor the Notes and Warrants are subject to the fulfillment or waiver on or before the Closing of each of the following conditions:
