Conditions to the Obligations of the Company at Closing. The obligation of the Company to issue and sell the Securities to any Purchaser is subject to the satisfaction on or prior to each Closing Date of the following conditions, each of which may be waived by the Company:
Conditions to the Obligations of the Company 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 Obligations of the Company at Closing. The obligation of the Company to sell the Newly Issued Shares and the Warrants at the Closing is subject to the fulfillment to the satisfaction of the Company, on or prior to the Closing, of the following conditions:
Conditions to the Obligations of the Company at Closing. The obligations of the Company to issue and sell the Note to the Investor at the Closing are subject to the fulfillment, or the waiver by the Company, of the following condition on or before the Closing.
a) The representations and warranties of the Investor in this Note shall be true at and as of the Closing with the same effect as though such representations and warranties had been made on and as of the date of the Closing,
b) The Company shall have obtained all necessary permits and qualifications, or shall have the availability of exemptions therefrom, required by any state for the offer and sale of the Securities.
Conditions to the Obligations of the Company at Closing. The obligation of the Company to issue and sell the Securities to a Purchaser at Closing is subject to the satisfaction on or prior to the Closing Date of the following conditions, each of which may be waived by the Company:
Conditions to the Obligations of the Company at Closing. The obligations of the Company to issue and sell Shares to an Investor at any Closing are subject to the fulfillment, or the waiver by the Company, of the following condition on or before such Closing.
(a) The representations and warranties of the Investors in Section 3 shall be true, accurate and complete at and as of the Closing in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the Closing.
(b) The Company shall have obtained all necessary permits and qualifications, or shall have the availability of exemptions therefrom, required by any state for the offer and sale of the Shares.
(c) Approvals of the Board (as defined below) necessary for performance of the transactions contemplated by this Agreement shall have been obtained.
Conditions to the Obligations of the Company at Closing. The obligation of the Company to complete the transactions contemplated in this Agreement shall be subject to the satisfaction of, or compliance with, at or before the Closing, of each of the following conditions precedent (each of which may be waived by the Company in whole or in part):
Conditions to the Obligations of the Company at Closing. The obligation of the Company to consummate, or cause to be consummated, the Transactions is subject to the satisfaction of the following additional conditions, any one or more of which may be waived in writing by the Company:
(a) (i) The representations and warranties of Acquiror contained in Section 5.12 shall be true and correct in all respects as of the Closing Date, except with respect to such representations and warranties which speak as to an earlier date, which representations and warranties shall be true and correct in all respects at and as of such date, except for changes after the date of this Agreement which are contemplated or expressly permitted by this Agreement; (ii) the Acquiror Fundamental Representations (other than Section 5.12) (disregarding any qualifications and exceptions contained therein relating to materiality, material adverse effect or any similar qualification or exception) shall be true and correct in all material respects, in each case as of the Closing Date, except with respect to such representations and warranties which speak as to an earlier date, which representations and warranties (disregarding any qualifications and exceptions contained therein relating to materiality, material adverse effect or any similar qualification or exception) shall be true and correct in all material respects at and as of such date, except for changes after the date of this Agreement which are contemplated or expressly permitted by this Agreement or any other Transaction Document, and (iii) each of the representations and warranties of Acquiror contained in this Agreement other than the Acquiror Fundamental Representations (disregarding any qualifications and exceptions contained therein relating to materiality, material adverse effect or any similar qualification or exception) shall be true and correct as of the Closing Date, except with respect to such representations and warranties which speak as to an earlier date, which representations and warranties (disregarding any qualifications and exceptions contained therein relating to materiality, material adverse effect or any similar qualification or exception) shall be true and correct at and as of such date, except for, in each case under this Section 9.3(a)(iii), inaccuracies or omissions that would not reasonably be expected to have, individually or in the aggregate, a material adverse effect on the ability of Acquiror to enter into and perform its obligations under this Agreement;
(b) e...
Conditions to the Obligations of the Company at Closing. The obligation of the Company to issue and deliver the Series A Convertible Preferred Stock to be purchased by each Investor at Closing is subject to the satisfaction on or prior to the date of Closing of the following conditions, any of which may be waived by the Company:
Conditions to the Obligations of the Company at Closing. The obligations of the Company to issue and sell Notes to an Investor at the Closing are subject to the fulfillment, or the waiver by the Company, of the following conditions on or before the Closing:
(a) The representations and warranties of the Investors in Section 3 shall be true at and as of the Closing with the same effect as though such representations and warranties had been made on and as of the date of the Closing.
(b) All approvals of the Company’s Board and stockholders necessary for performance of the transactions contemplated by the Transaction Agreements shall have been obtained.
