Common use of Conditions to the Partnership’s Obligations Clause in Contracts

Conditions to the Partnership’s Obligations. The obligation of the Partnership to consummate its sale of Purchased Units on the Closing Date shall be subject to the satisfaction of each of the following conditions (any or all of which may be waived by the Partnership with respect to itself, in whole or in part): (i) The representations and warranties of Dealer contained in this Agreement shall be true and correct in all material respects as of the date hereof and as of the Closing Date (except that representations and warranties made as of a specific date shall be required to be true and correct as of such date only); (ii) Dealer 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 date hereof; (iii) Dealer shall have executed the Forward Confirmation and the tax certification required thereunder and the conditions to effectiveness thereunder shall have been satisfied or waived; and (iv) Dealer shall have delivered, or caused to be delivered, to the Partnership the closing deliveries described in (e) below on or prior to the date hereof.

Conditions to the Partnership’s Obligations. The obligation of the Partnership to consummate its sale of Purchased Units on the Closing Date shall be subject to the satisfaction of each of the following conditions (any or all of which may be waived by the Partnership with respect to itself, in whole or in part): (i) The representations and warranties of Dealer contained in this Agreement shall be true and correct in all material respects as of the date hereof and as of the Closing Date (except that representations and warranties made as of a specific date shall be required to be true and correct as of such date only);; Table of Contents (ii) Dealer 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 date hereof; (iii) Dealer shall have executed the Forward Confirmation Supplemental Confirmations and the tax certification required thereunder and the conditions to effectiveness thereunder shall have been satisfied or waived; and (iv) Dealer shall have delivered, or caused to be delivered, to the Partnership the closing deliveries described in (e) below on or prior to the date hereof.