Common use of Conditions to the Obligations of the Issuer Clause in Contracts

Conditions to the Obligations of the Issuer. The obligations of the Issuer under this Agreement to consummate the purchase and sale of the Subject Shares contemplated hereby are subject to the fulfillment (or waiver by the Issuer) of the conditions that (a) the representations and warranties of the Purchaser contained in or made pursuant to this Agreement shall be deemed to have been made again at and as of the Closing and shall then be true and accurate, and (b) the Purchaser shall have performed and complied in all material respects with all agreements required by this Agreement to be performed or complied with by it prior to or at the Closing.

Appears in 11 contracts

Samples: Stock Purchase Agreement (Middleman Stanley C.), Stock Purchase Agreement (Cherry Hill Mortgage Investment Corp), Stock Purchase Agreement (American Capital Mortgage Investment Corp.)

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Conditions to the Obligations of the Issuer. The obligations of the Issuer under this Agreement to consummate the purchase issuance and sale of the Subject Shares contemplated hereby are subject to the fulfillment (or waiver by the Issuer) of the conditions that (a) the representations and warranties of the Purchaser contained in or made pursuant to this Agreement shall be deemed to have been made again at and as of the Closing and shall then be true and accurate, and (b) the Purchaser shall have performed and complied in all material respects with all agreements required by this Agreement to be performed or complied with by it prior to or at the Closing.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Ps Business Parks Inc/Ca), Stock Purchase Agreement (Ps Business Parks Inc/Ca), Stock Purchase Agreement (Ps Business Parks Inc/Ca)

Conditions to the Obligations of the Issuer. The obligations of the Issuer under this Agreement Issuer’s obligation to consummate the purchase and sale of the Subject Shares contemplated hereby are at the Closing pursuant to and in accordance with this Agreement is subject to the fulfillment (or waiver by the Issuer) of the conditions that following conditions: (a) the representations and warranties of the Purchaser contained in or made pursuant to this Agreement shall be deemed to have been made again at and as of the Closing and shall then be true and accurate, accurate and (b) the Purchaser shall have performed and complied in all material respects with all agreements his, her or its obligations required by this Agreement to be performed or complied with by him, her or it prior to or at the Closing.

Appears in 2 contracts

Samples: Stock Purchase Agreement (AG Mortgage Investment Trust, Inc.), Stock Purchase Agreement (AG Mortgage Investment Trust, Inc.)

Conditions to the Obligations of the Issuer. The obligations of the Issuer under this Agreement Issuer’s obligation to consummate the purchase and sale of the Subject Shares contemplated hereby are Units at the Closing pursuant to and in accordance with this Agreement is subject to the fulfillment (or waiver by the Issuer) of the conditions that following conditions: (a) the representations and warranties of the Purchaser contained in or made pursuant to this Agreement shall be deemed to have been made again at and as of the Closing and shall then be true and accurate, accurate and (b) the Purchaser shall have performed and complied in all material respects with all agreements his, her or its obligations required by this Agreement to be performed or complied with by him, her or it prior to or at the Closing.

Appears in 1 contract

Samples: Form of Unit Purchase Agreement (Western Asset Mortgage Capital Corp)

Conditions to the Obligations of the Issuer. The obligations of the Issuer under this Agreement to consummate the purchase and sale of the Subject Shares Warrants contemplated hereby are subject to the fulfillment (or waiver by the Issuer) of the conditions that (a) the representations and warranties of the Purchaser contained in or made pursuant to this Agreement shall be deemed to have been made again at and as of the Closing and shall then be true and accurate, and (b) the Purchaser shall have performed and complied in all material respects with all agreements required by this Agreement to be performed or complied with by it prior to or at the Closing.and

Appears in 1 contract

Samples: Warrant Purchase Agreement (Orchid Island Capital, Inc.)

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Conditions to the Obligations of the Issuer. The obligations of the Issuer under this Agreement Issuer’s obligation to consummate the purchase and sale of the Subject Shares contemplated hereby are Units at the Closing pursuant to and in accordance with this Agreement is subject to the fulfillment (or waiver by the Issuer) of the conditions that following conditions: (a) the representations and warranties of the each Purchaser contained in or made pursuant to this Agreement shall be deemed to have been made again at and as of the Closing and shall then be true and accurate, accurate and (b) the each Purchaser shall have performed and complied in all material respects with all agreements his, her or its obligations required by this Agreement to be performed or complied with by him, her or it prior to or at the Closing.

Appears in 1 contract

Samples: Unit Purchase Agreement (AG Mortgage Investment Trust, Inc.)

Conditions to the Obligations of the Issuer. The obligations obligation of the Issuer under this Agreement to consummate the purchase and sale of the Subject Shares to each Purchaser contemplated hereby are subject to the fulfillment (or waiver by the Issuer) of the conditions that (a) the representations and warranties of the such Purchaser contained in or made pursuant to this Agreement shall be deemed to have been made again at and as of the Closing and shall then be true and accurate, and (b) the such Purchaser shall have performed and complied in all material respects with all agreements required by this Agreement to be performed or complied with by it prior to or at the Closing.

Appears in 1 contract

Samples: Form of Stock Purchase Agreement (Arbolada Capital Management Co)

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