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 Closing and to issue and sell to the Investor the Shares to be purchased by it at the Closing is subject to the satisfaction of the following conditions precedent: (a) The representations and warranties of the Investor contained herein shall be true and correct on the date of the Closing with the same force and effect as though made on the date of the Closing. (b) The Escrow Agreement shall have been executed and delivered by the Investor and the Escrow Agent. (c) The Company and CVC shall have executed and delivered the Securities Redemption Agreement. (d) The Investor shall have performed all obligations and conditions required to be performed or observed by the Investor under this Agreement and the other Transaction Documents on or prior to the Closing.