Common use of Conditions to the Obligation of the Company to Consummate the Closing Clause in Contracts

Conditions to the Obligation of the Company to Consummate the Closing. The obligation of the Company to consummate the transactions contemplated hereby and issue and deliver the Subject Shares to the Investor at the Closing, is subject to the satisfaction, or due waiver in writing by the Company, of the following conditions precedent: (a) the Investor shall have performed and complied in all material respects with all of the covenants and agreements contained in this Agreement that are required to be performed or complied with by it on or prior to the Closing Date; (b) the representations and warranties of the Investor contained in this Agreement shall be true and correct in all material respects (other than those representations and warranties contained in Sections 4.1, 4.2 and 4.5 which shall be true and correct in all respects) as of the Closing Date (except in the case of representations and warranties that are made as of a specified date, which shall be true and correct in all respects as of such specified date); and (c) the Investor shall have delivered, or caused to be delivered, to the Company at or prior to the Closing, as applicable, the Investor’s closing deliverables described in Section 2.4 hereof.

Conditions to the Obligation of the Company to Consummate the Closing. The obligation of the Company to consummate the transactions contemplated hereby to be consummated at the Closing, and to issue and deliver sell to the Purchaser the Subject Shares pursuant to the Investor at the Closingthis Agreement, is subject to the satisfaction, or due waiver in writing by the Company, satisfaction of the following conditions precedent: (a) the Investor Purchaser shall have performed and complied in all material respects with all of the covenants and agreements contained in this Agreement that are required to be performed or complied with by it on or prior to the Closing Date;; and (b) the representations and warranties of the Investor Purchaser contained in this Agreement shall be true and correct in all material respects (other than those representations and warranties contained in Sections 4.14.01, 4.2 4.02 and 4.5 4.05 which shall be true and correct in all respects) as of the Closing Date (except in the case of representations and warranties that are made as of a specified date, which shall be true and correct in all respects as of such specified date); and (c) the Investor Purchaser shall have delivereddelivered to the Company a certificate, or caused to be delivereddated the Closing Date and executed by a duly authorized officer, to the Company at or prior to effect that the Closing, as applicable, the Investor’s closing deliverables described conditions set forth in Section 2.4 hereofSections 6.03(a) and (b) have been satisfied.

Conditions to the Obligation of the Company to Consummate the Closing. The obligation of the Company to consummate the transactions contemplated hereby to be consummated at the Closing, and to issue and deliver sell to the Purchaser the Subject Shares pursuant to the Investor at the Closingthis Agreement, is subject to the satisfaction, or due waiver in writing by the Company, satisfaction of the following conditions precedent: : (a) the Investor Purchaser shall have performed and complied in all material respects with all of the covenants and agreements contained in this Agreement that are required to be performed or complied with by it on or prior to the Closing Date; Dates; and (b) the representations and warranties of the Investor Purchaser contained in this Agreement shall be true and correct in all material respects (other than those representations and warranties contained in Sections 4.1, 4.2 and 4.5 which shall be true and correct in all respects) as of the Closing Date (except in the case of representations and warranties that are made as of a specified date, which shall be true and correct in all respects as of such specified date); and and (c) the Investor Purchaser shall have delivereddelivered to the Company a certificate, or caused to be delivereddated the Closing Date and executed by a duly authorized officer, to the Company at or prior to effect that the Closing, as applicable, the Investor’s closing deliverables described conditions set forth in Section 2.4 hereofSections 6.3(a) and (b) have been satisfied.

Conditions to the Obligation of the Company to Consummate the Closing. The obligation of the Company to consummate the transactions contemplated hereby to be consummated at the Closing, and to issue and deliver sell to the Purchaser the Subject Shares pursuant to the Investor at the Closingthis Agreement, is subject to the satisfaction, or due waiver in writing by the Company, satisfaction of the following conditions precedent: (a) the Investor Purchaser shall have performed and complied in all material respects with all of the covenants and agreements contained in this Agreement that are required to be performed or complied with by it on or prior to the Closing Date;Dates; and (b) the representations and warranties of the Investor Purchaser contained in this Agreement shall be true and correct in all material respects (other than those representations and warranties contained in Sections 4.1, 4.2 and 4.5 which shall be true and correct in all respects) as of the Closing Date (except in the case of representations and warranties that are made as of a specified date, which shall be true and correct in all respects as of such specified date); and (c) the Investor shall have delivered, or caused to be delivered, to the Company at or prior to the Closing, as applicable, the Investor’s closing deliverables described in Section 2.4 hereof.

Conditions to the Obligation of the Company to Consummate the Closing. The obligation of the Company to consummate the transactions contemplated hereby and issue and deliver the Subject Shares to the Investor be consummated at the Closing, Closing is subject to the satisfaction, or due waiver in writing by the Company, satisfaction of the following conditions precedent:precedent (any of which may be waived, to the extent legally permitted, by the Company): (a) The representations and warranties of the Investor contained in Section 4 of this Agreement shall be true and correct in all material respects on the date hereof and on the Closing Date as though made on the Closing Date (except that those representations and warranties that address matters only as of a particular date shall have been true and correct only on such date), and the Investor shall have performed and or complied in all material respects with all of the covenants and agreements contained in required by this Agreement that are required to be performed or complied with by it on or prior to the Closing Date;. (b) the representations and warranties The issuance of the Investor contained in this Agreement Shares to the Investor shall not be true and correct in all material respects (other than those representations and warranties contained in Sections 4.1, 4.2 and 4.5 which shall be true and correct in all respects) as of the Closing Date (except in the case of representations and warranties that are made as of a specified date, which shall be true and correct in all respects as of such specified date); andprohibited or enjoined by any law or regulation or governmental or court order. (c) No stop order suspending the Investor effectiveness of the Registration Statement or any part thereof shall have delivered, been issued and no proceedings for that purpose shall have been initiated or caused to be delivered, to threatened by the Company at or prior to the Closing, as applicable, the Investor’s closing deliverables described in Section 2.4 hereofSEC.

Conditions to the Obligation of the Company to Consummate the Closing. The obligation of the Company to consummate the transactions contemplated hereby and issue sell and deliver the Subject Shares to the Investor at the Closing, is subject to the satisfaction, or due waiver in writing by the Company, of the following conditions precedent: (a) the Investor shall have performed and complied in all material respects with all of the covenants and agreements contained in this Agreement that are required to be performed or complied with by it on or prior to the Closing Date; (b) the representations and warranties of the Investor contained in this Agreement shall be true and correct in all material respects (other than those representations and warranties contained in Sections 4.1, 4.2 and 4.5 which shall be true and correct in all respects) as of the Closing Date (except in the case of representations and warranties that are made as of a specified date, which shall be true and correct in all respects as of such specified date); (c) the Investor shall have executed and delivered the Investor Agreement; and (cd) the Investor shall have delivered, or caused to be delivered, to the Company at or prior to the Closing, as applicable, the Investor’s closing deliverables described in Section 2.4 hereof.

Conditions to the Obligation of the Company to Consummate the Closing. The obligation of the Company to consummate the transactions contemplated hereby and issue sell and deliver the Subject Shares to the Investor Purchaser at the Closing, is subject to the satisfaction, or due waiver in writing by the Company, of the following conditions precedent: (a) the Investor Purchaser shall have performed and complied in all material respects with all of the covenants and agreements contained in this Agreement that are required to be performed or complied with by it on or prior to the Closing Date; (b) the representations and warranties of the Investor Purchaser contained in this Agreement shall be true and correct in all material respects (other than those representations and warranties contained in Sections Section 4.1, 4.2 and 4.5 which shall be true and correct in all respects) as of the Closing Date (except in the case of representations and warranties that are made as of a specified date, which shall be true and correct in all respects as of such specified date); and (c) the Investor Purchaser shall have delivered, or caused to be delivered, to the Company at or prior to the Closing, as applicable, the InvestorPurchaser’s closing deliverables described in Section 2.4 hereof.

Conditions to the Obligation of the Company to Consummate the Closing. The obligation of the Company to consummate the transactions contemplated hereby to be consummated at the Closing, and to issue and deliver sell to the Purchaser the Subject Shares pursuant to the Investor at the Closingthis Agreement, is subject to the satisfaction, or due waiver in writing by the Company, satisfaction of the following conditions precedent: (a) the Investor Purchaser shall have performed and complied in all material respects with all of the covenants and agreements contained in this Agreement that are required to be performed or complied with by it on or prior to the Closing Date;Dates; and (b) the representations and warranties of the Investor Purchaser contained in this Agreement shall be true and correct in all material respects (other than those representations and warranties contained in Sections 4.1, 4.2 and 4.5 which shall be true and correct in all respects) as of the Closing Date (except in the case of representations and warranties that are made as of a specified date, which shall be true and correct in all respects as of such specified date); and (c) the Investor Purchaser shall have delivereddelivered to the Company a certificate, or caused to be delivereddated the Closing Date and executed by a duly authorized officer, to the Company at or prior to effect that the Closing, as applicable, the Investor’s closing deliverables described conditions set forth in Section 2.4 hereofSections 6.3(a) and (b) have been satisfied.