Conditions to the Corporation’s Obligations. The obligations of the Corporation hereunder are subject to the accuracy, as of the date hereof and as of the Closing Date, of the representations and warranties of each Purchaser contained herein and to the performance by each Purchaser of its obligations hereunder and to each of the following additional terms and conditions: (a) The Purchasers shall have received any and all necessary approvals from all Governmental Authorities necessary for the purchase by the Purchasers of the Shares as the case may be, pursuant to this Agreement, and any and all applicable waiting periods upon which such approvals are conditioned shall have expired. (b) Such Purchaser shall have executed each of the Transaction Documents of which it is a party and delivered the same to the Corporation. (c) Such Purchaser and each other Purchaser shall have delivered to the Corporation the Purchase Price for the Shares being purchased by such Purchaser and each other Purchaser, severally and not jointly, at the Closing by wire transfer of immediately available funds pursuant to the wire instructions provided by the Corporation.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Prospect Capital Corp), Stock Purchase Agreement (Prospect Capital Corp)
Conditions to the Corporation’s Obligations. The obligations of the Corporation hereunder are subject to the accuracy, as of the date hereof and as of the Closing Date, of the representations and warranties of each Purchaser contained herein and to the performance by each Purchaser of its obligations hereunder and to each of the following additional terms and conditions:
(a) The Purchasers shall have received any and all necessary approvals from all Governmental Authorities necessary for the purchase by the Purchasers of the Shares as the case may be, pursuant to this Agreement, and any and all applicable waiting periods upon which such approvals are conditioned shall have expired.;
(b) Such Purchaser shall have executed each of the Transaction Documents of which it is a party and delivered the same to the Corporation.;
(c) Such Purchaser shall have executed a non-reliance letter in the form attached as Exhibit B and delivered the same to Xxx-Xxxx Xxxxxx Xxxxxxx Xxxxxxx Xxxxxx (USA) LLC (the “Agent”); and
(d) Such Purchaser and each other Purchaser shall have delivered to the Corporation the Purchase Price for the Shares being purchased by such Purchaser and each other Purchaser, severally and not jointly, at the Closing by wire transfer of immediately available funds pursuant to the wire instructions provided by the Corporation.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Texas Capital Bancshares Inc/Tx), Stock Purchase Agreement (Texas Capital Bancshares Inc/Tx)