CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Preferred Shares and the other obligations of the Company hereunder, shall be subject to the satisfaction of the following conditions on or before the Closing Date:
Appears in 8 contracts
Samples: Stock Purchase Agreement (Usinternetworking Inc), Stock Purchase Agreement (Usinternetworking Inc), Stock Purchase Agreement (Usinternetworking Inc)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Preferred Purchased Shares and the other obligations obligation of the Company to perform its other obligations hereunder, shall be subject to the satisfaction as determined by, or waiver by, the Company of the following conditions on or before the Closing Date:
Appears in 7 contracts
Samples: Stock Purchase Agreement (Prime Response Inc/De), Stock Purchase Agreement (Gt Interactive Software Corp), Stock Purchase Agreement (Priceline Com Inc)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Preferred Purchased Shares and the other obligations obligation of the Company hereunder, to perform its other obligations hereunder shall be subject to the satisfaction as determined by, or waiver by, the Company of the following conditions on or before the Closing Date:
Appears in 4 contracts
Samples: Stock Purchase Agreement (Ssa Global Technologies, Inc), Stock Purchase Agreement (Arinco Computer Systems Inc), Securities Purchase Agreement (Allos Therapeutics)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Preferred Purchased Shares and the other obligations Warrants and the obligation of the Company to perform its other obligations hereunder, shall be subject to the satisfaction as determined by, or waiver by, the Company of the following conditions on or before the Closing Date:
Appears in 4 contracts
Samples: Stock and Warrant Purchase Agreement (Prime Response Inc/De), Stock and Warrant Purchase Agreement (Predictive Systems Inc), Stock and Warrant Purchase Agreement (Prime Response Group Inc/De)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Preferred Purchased Shares and the other obligations Beacon Warrant and the obligation of the Company hereunder, to perform its other obligations hereunder shall be subject to the satisfaction as determined by, or waiver by, the Company of the following conditions on or before the Closing Date:
Appears in 4 contracts
Samples: Stock and Warrant Purchase Agreement (Evergreen Solar Inc), Stock and Warrant Purchase Agreement (Chleboski Richard G), Stock and Warrant Purchase Agreement (Shaw Robert W Jr)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Preferred Shares Notes and the other obligations obligation of the Company to perform its other obligations hereunder, shall be subject to the satisfaction as determined by, or waiver by, the Company of the following conditions on or before the Closing Date:
Appears in 3 contracts
Samples: Securities Exchange Agreement (Infogrames Entertainment Sa), Securities Exchange Agreement (General Atlantic Partners LLC), Securities Exchange Agreement (Gt Interactive Software Corp)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Preferred Shares Purchased Securities and the other obligations of the Company hereunder, to perform its other obligations hereunder shall be subject to the satisfaction as determined by, or waiver by, the Company of the following conditions on or before the Closing Date:
Appears in 3 contracts
Samples: Stock and Warrant Purchase Agreement (Healthaxis Inc), Stock and Warrant Purchase Agreement (Healthaxis Inc), Stock and Warrant Purchase Agreement (Tak Sharad Kumar)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell the Preferred Shares Senior Convertible Notes and the Warrants and to perform its other obligations of the Company hereunder, shall be subject to the satisfaction as determined by, or waiver by, the Company of the following conditions on or before the Closing Date:
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Bluefly Inc), Note and Warrant Purchase Agreement (Soros Fund Management LLC)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell the Preferred Shares Securities and the to perform its other obligations of the Company hereunder, hereunder shall be subject to the satisfaction as determined by, or waiver by, the Company of the following conditions on or before the Closing Date:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Fulcrum Direct Inc), Securities Purchase Agreement (Fulcrum Direct Inc)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell the Preferred Shares and the other obligations of Warrants on the Company hereunder, Closing Date shall be subject to the satisfaction or waiver by it of the following conditions on or before the Closing Dateconditions:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Arinco Computer Systems Inc), Securities Purchase Agreement (Culmen Technology Partners Lp)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Preferred Shares Note and the Initial Warrants and to perform any of its other obligations of the Company hereunder, hereunder shall be subject to the satisfaction or waiver of the following conditions on or before the Closing Date:
Appears in 2 contracts
Samples: Securities Purchase Agreement (PMR Corp), Securities Purchase Agreement (1818 Fund Lp Brown Brothers Harriman Co Long T Michael Et Al)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell the Preferred Shares and the Warrants and to perform its other obligations of the Company hereunder, hereunder shall be subject to the satisfaction as determined by the Company of the following conditions on or before the Closing Date:
Appears in 2 contracts
Samples: Common Stock and Warrant Purchase Agreement (Texoil Inc /Nv/), Common Stock and Warrant Purchase Agreement (Texoil Inc /Nv/)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell the Preferred Shares and the other obligations of Warrants, and to consummate the Company hereundertransactions contemplated herein on the Relevant Closing Date, shall be subject to the satisfaction or waiver of the following conditions on or before the Closing Date:
Appears in 2 contracts
Samples: Stock and Warrant Purchase Agreement (1818 Fund Lp Brown Brothers Harriman Co Long T Michael Et Al), Stock and Warrant Purchase Agreement (Z Tel Technologies Inc)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Preferred Subscribed Shares and the other obligations obligation of the Company hereunder, to perform its other obligations hereunder shall be subject to the satisfaction as determined by, or waiver by, the Company of the following conditions on or before the Closing Date:
Appears in 2 contracts
Samples: Share Subscription Agreement (WuXi PharmaTech (Cayman) Inc.), Share Subscription Agreement (A-Max Technology LTD)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell the Preferred Shares Stock at the Closing and the to perform its other obligations of hereunder at the Company hereunder, Closing shall be subject to the satisfaction as determined by the Company of the following conditions on or before the Closing Date:
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Us Lec Corp), Preferred Stock Purchase Agreement (Casella Waste Systems Inc)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Preferred Target Shares and to the other obligations of Investor at the Company hereunder, Closing shall be subject to the satisfaction or waiver of the following conditions on or before the Closing Date:
Appears in 2 contracts
Samples: Share Purchase Agreement (iQIYI, Inc.), Share Purchase Agreement (iQIYI, Inc.)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Preferred Shares and the other obligations Notes to each of the Company hereunder, Investors at the Closing shall be subject to the satisfaction or waiver of the following conditions on or before the Closing Date:
Appears in 2 contracts
Samples: Note Purchase Agreement (iQIYI, Inc.), Note Purchase Agreement (Baidu, Inc.)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell the Preferred Shares and the other obligations of Additional Shares, and to consummate the Company hereundertransactions contemplated herein on the Initial Closing Date or the Additional Closing Date, as the case may be, shall be subject to the satisfaction or waiver of the following conditions on or before the such Closing Date:
Appears in 2 contracts
Samples: Exchange and Purchase Agreement (Trinsic, Inc.), Exchange and Purchase Agreement (1818 Fund Iii Lp)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell the Initial Preferred Shares Shares, and to consummate the other obligations of transactions contemplated herein on the Company hereunderInitial Closing Date, shall be subject to the satisfaction or waiver of the following conditions on or before the Initial Closing Date:
Appears in 2 contracts
Samples: Stock Purchase Agreement (1818 Fund Iii Lp), Stock Purchase Agreement (Genesee & Wyoming Inc)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Preferred Shares and the other obligations of the Company hereunder, hereunder shall be subject to the satisfaction of the following conditions on or before the Closing Date:
Appears in 1 contract
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Preferred Shares and to perform the other obligations of the Company hereunder, hereunder shall be subject to the satisfaction satisfaction, as determined or waived by the Company, of the following conditions on or before the Closing Date:
Appears in 1 contract
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Preferred Exchanged Shares and the other obligations obligation of the Company hereunder, shall to perform its other obligations under this Agreement will be subject to the satisfaction as determined by, or waiver by, the Company of the following conditions on or before the Closing Date:
Appears in 1 contract
Samples: Preferred Share Exchange Agreement (Aquis Communications Group Inc)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell the Preferred Shares and the other obligations of Warrants at the Company hereunder, Closing shall be subject to the satisfaction or waiver by it of the following conditions on or before the Closing Date:
Appears in 1 contract
Samples: Securities Purchase Agreement (Commercial Electronics LLC)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Preferred Purchased Shares and the other obligations of the Company hereunder, to perform its other obligations hereunder shall be subject to the satisfaction as determined by, or waiver by, the Company of the following conditions on or before the Closing Date:
Appears in 1 contract
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Preferred Shares Note and the other obligations of the Company hereunder, hereunder shall be subject to the satisfaction of the following conditions on or before the Closing Date:
Appears in 1 contract
Samples: Note Purchase Agreement (Cogent Communications Group Inc)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell the Preferred Shares Warrants, and the other obligations of the Company hereunder, to perform its other obligations hereunder shall be subject to the satisfaction as determined by the Company of the following conditions on or before the Closing Date:
Appears in 1 contract
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Preferred relevant number of Purchased Shares to the Purchaser and the to perform its other obligations of the Company hereunder, hereunder shall be subject to the satisfaction satisfaction, or waiver by the Company, of the following conditions on or before the Closing Date:
Appears in 1 contract
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell the Preferred Shares Stock pursuant to the Exercise Notice at the Closing and the to perform its other obligations of hereunder at the Company hereunder, Closing shall be subject to the satisfaction as determined by the Company of the following conditions on or before the Closing Date:
Appears in 1 contract
Samples: Option Agreement (Us Lec Corp)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell to the Preferred Shares Purchaser the Securities and the to perform its other obligations of the Company hereunder, hereunder shall be subject to the satisfaction as determined by the Company of the following conditions on or before the Closing Dateconditions:
Appears in 1 contract
Samples: Securities Purchase Agreement (Multi Link Telecommunications Inc)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell the Preferred Shares and the Warrant and to perform its other obligations of the Company hereunder, hereunder shall be subject to the satisfaction of the following conditions on or before the Closing Date:
Appears in 1 contract
Samples: Preferred Stock and Warrant Purchase Agreement (Physician Partners Inc)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Preferred Purchased Shares and the other obligations obligation of the Company to perform its other obligations hereunder, shall be e subject to the satisfaction as determined by, or written waiver by, the Company of the following conditions on or before the Closing Date:
Appears in 1 contract
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell to the Preferred Shares Purchaser the Purchased Interests and the to perform its other obligations of the Company hereunder, hereunder shall be subject to the satisfaction as determined by the Company of the following conditions on or before the Closing Date:
Appears in 1 contract
Samples: Securities Purchase Agreement (Nexstar Broadcasting Group Inc)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell the Preferred Shares and the other obligations of the Company hereunder, Notes shall be subject to the satisfaction as determined by, or waiver by, the Company of the following conditions on or before the Closing Date:
Appears in 1 contract
Samples: Senior Note Purchase Agreement (Global Telesystems Group Inc)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell the Preferred Shares and the other obligations of the Company hereunder, Property hereunder shall be subject to the satisfaction of the following conditions on or before the Closing Date:, except as and to the extent that such satisfaction is waived by the Company.
Appears in 1 contract
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Purchased Preferred Shares and the to perform its other obligations of the Company hereunder, hereunder shall be subject to the satisfaction as determined by, or waiver by, the Company of the following conditions on or before the Closing Date:
Appears in 1 contract
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell the Initial Preferred Shares Shares, and to consummate the other obligations of transactions contemplated herein on the Company hereunderClosing Date, shall be subject to the satisfaction or waiver of the following conditions on or before the Closing Date:
Appears in 1 contract
Samples: Stock Purchase Agreement (1818 Fund Lp Brown Brothers Harriman Co Long T Michael Et Al)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Preferred Shares and the other obligations of the Company hereunder, shall be subject to the satisfaction as determined by, or waiver by, the Company of the following conditions on or before the Closing Date:
Appears in 1 contract
Samples: Stock Purchase Agreement (P F Changs China Bistro Inc)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell the Preferred Shares to the Purchaser, and to consummate the other obligations of transactions contemplated herein on the Company hereunderClosing Date with respect to the Purchaser, shall be subject to the satisfaction or waiver of the following conditions on or before the Closing Date:
Appears in 1 contract
Samples: Securities Purchase Agreement (Unwired Telecom Corp)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to (1) issue and sell the Preferred Purchased Shares to be purchased by any Purchaser and the (2) to perform its other obligations of the Company hereunder, hereunder shall be subject to the satisfaction as determined by, or waiver by, the Company of the following conditions on or before the Closing Date:
Appears in 1 contract
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell the Preferred Shares and the to perform its other obligations of the Company hereunder, shall be subject to the satisfaction as determined by, or waiver by, the Company of the following conditions on or before the First Closing Date or the Second Closing Date, as applicable:
Appears in 1 contract
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell to the Preferred Shares Purchasers the Purchased Securities and the to perform its other obligations of the Company hereunder, hereunder shall be subject to the satisfaction as determined by the Company of the following conditions on or before the Closing Date:
Appears in 1 contract
Samples: Securities Purchase Agreement (Ign Entertainment Inc)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell the Preferred Shares Senior Subordinated Notes and the Warrants and to perform any of its other obligations hereunder in respect of transactions contemplated to occur on the Company hereunderClosing Date, shall be subject to the satisfaction or waiver of the following conditions on or before the Closing Date:
Appears in 1 contract
Samples: Securities Purchase Agreement (National Auto Finance Co Inc)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Preferred Shares and the other obligations obligation of the Company hereunder, to perform its other obligations hereunder shall be subject to the satisfaction or waiver by the Company of the following conditions on or before the Closing Date:
Appears in 1 contract
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell the Senior Preferred Shares Units and the to perform its other obligations of the Company hereunder, hereunder shall be subject to the satisfaction as determined by the Company of the following conditions on or before the Closing Date:
Appears in 1 contract
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The On each Closing Date, the obligation of the Company to issue and sell the Preferred Ordinary Shares and the other obligations of to be issued by the Company on that Closing Date as specified in Schedule 2.1, and to perform any obligations hereunder, shall be subject to the satisfaction of the following conditions on or before that Closing Date (subject to any waiver of any such condition by the Closing Date:Company):
Appears in 1 contract
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell the Preferred Shares and the other obligations of the Company hereunder, Initial Note shall be subject to the satisfaction as determined by, or waiver by, the Company of the following conditions on or before the Closing Date:
Appears in 1 contract
Samples: Senior Note Purchase Agreement (Global Telesystems Group Inc)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell the Preferred Senior Subordinated Notes, the Warrants and the Shares and the to perform any of its other obligations hereunder in respect of transactions contemplated to occur on the Company hereunderClosing Date, shall be subject to the satisfaction or waiver of the following conditions on or before the Closing Date:
Appears in 1 contract
Samples: Securities Purchase Agreement (1818 Fund Lp Brown Brothers Harriman Co Long T Michael Et Al)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell the Preferred Shares Securities and the to perform any other obligations of the Company hereunder, hereunder shall be subject to the satisfaction as determined by, or waiver by, the Company of the following conditions on or before the Closing Date:
Appears in 1 contract
Samples: Senior Subordinated Note and Warrant Purchase Agreement (Mce Companies Inc)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell the Preferred Shares Notes, and the to perform any other obligations of the Company hereunder, shall be subject to the satisfaction or waiver of the following conditions on or before the Closing Date:
Appears in 1 contract
Samples: Note Purchase Agreement (1818 Fund Lp Brown Brothers Harriman Co Long T Michael Et Al)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Preferred Shares Purchased Interests and the other obligations obligation of the Company hereunder, to perform its other obligations hereunder shall be subject to the satisfaction as determined by, or waiver by, the Company of the following conditions condition on or before the Closing Date:
Appears in 1 contract
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell the Preferred Shares Notes and to issue the Warrants to a Purchaser, and the other obligations of the Company hereunderto perform its other respective obligations hereunder with respect to such Purchaser, shall be subject to the satisfaction as determined by the Company of the following conditions on or before the Closing Date:
Appears in 1 contract
Samples: Senior Subordinated Note and Warrant Purchase Agreement (Saleslogix Corp)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Preferred Purchased Shares at the Closing and the to perform its other obligations of the Company hereunder, hereunder shall be subject to the satisfaction as determined by, or waiver by, the Company of the following conditions on or before the Closing Date:.
Appears in 1 contract
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell the Securities or Series A Preferred Shares Stock, as the case may be, and the to perform its other obligations of the Company hereunder, thereunder shall be subject to the satisfaction as determined by, or waived by, the Company of the following conditions on or before the Closing Date, the Permanent Financing Closing Date or the Additional Financing Closing Date, as the case may be:
Appears in 1 contract
Samples: Securities Purchase Agreement (Empire of Carolina Inc)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Preferred Shares Purchased Notes and the other obligations obligation of the Company hereunder, to perform its other obligations hereunder shall be subject to the satisfaction as determined by, or waiver by, the Company of the following conditions on or before the Closing Date:
Appears in 1 contract
Samples: Note Purchase Agreement (Metromedia Fiber Network Inc)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Preferred Purchased Shares and the other Warrant pursuant to this Agreement, to execute and deliver the Transaction Documents and to perform any obligations of the Company hereunder, hereunder or thereunder shall be subject to the satisfaction as determined by, or waiver by, the Company of the following conditions on or before the Closing Date:
Appears in 1 contract
Samples: Securities Purchase Agreement (Unity First Acquisition Corp)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Preferred Shares Securities and the other obligations of the Company hereunder, shall be subject to the satisfaction as determined by, or waiver by, the Company of the following conditions on or before the Closing Date:
Appears in 1 contract
Samples: Stock Purchase Agreement (P F Changs China Bistro Inc)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell the Preferred Shares and the other obligations of the Company hereunder, Acquired Assets hereunder shall be subject to the satisfaction of the following conditions on or before the Closing Date:, except as and to the extent that such satisfaction is waived by the Company.
Appears in 1 contract
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell the Preferred Shares Senior Subordinated Note and the Warrants and to perform any of its other obligations of the Company hereunder, shall be subject to the satisfaction or waiver of the following conditions on or before the Closing Date:
Appears in 1 contract
Samples: Senior Subordinated Note and Warrant Purchase Agreement (Phoenix Racing Inc)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Preferred Purchased Shares and the other obligations Warrant and the obligation of the Company to perform its other obligations hereunder, shall be subject to the satisfaction as determined by, or written waiver by, the Company of the following conditions on or before the Closing Date:
Appears in 1 contract
Samples: Preferred Stock and Warrant Purchase Agreement (Boots & Coots International Well Control Inc)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Preferred Shares Stock, Warrant or Note and the other obligations obligation of the Company hereunder, shall to perform its other obligations under this Agreement will be subject to the satisfaction as determined by, or waiver by, the Company of the following conditions on or before the Closing Date:
Appears in 1 contract
Samples: Securities Exchange Agreement (Aquis Communications Group Inc)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Preferred Purchased Shares and the other obligations Warrants and the obligation of the Company hereunder, to perform its other obligations hereunder shall be subject to the satisfaction as determined by, or waiver by, the Company of the following conditions on or before the each Closing Date:
Appears in 1 contract
Samples: Stock and Warrant Purchase Agreement (Satcon Technology Corp)
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation obligations of the Company to issue and sell the Preferred Shares Stock and the Warrant and to perform its other obligations of the Company hereunder, hereunder shall be subject to the satisfaction as determined by the Company of the following conditions on or before the Closing Date:
Appears in 1 contract
Samples: Securities Purchase Agreement (Ruths Chris Steak House, Inc.)
