Common use of Conditions to the Repurchase Clause in Contracts

Conditions to the Repurchase. (a) The respective obligations of ---------------------------- the Company and the Shareholder to consummate the Repurchase are subject to the fulfillment of each of the following conditions, any or all of which may be waived in whole or in part by the Company or the Shareholder, as the case may be, to the extent permitted by applicable law: (i) Concurrently with the Repurchase Closing, Merger Sub shall have paid for Shares pursuant to the Offer. (ii) No United States or state court or other Governmental Entity (as defined in the Merger Agreement) of competent jurisdiction shall have enacted, issued, promulgated, enforced or entered any statute, rule, regulation, judgment, decree, injunction or other order (whether temporary, preliminary or permanent) which is in effect and prohibits consummation of the transactions contemplated by the Merger Agreement or this Agreement. (b) The obligation of the Company to consummate the Repurchase is subject to the condition that the representations and warranties of WMX and the Shareholder contained in Section 1.2 are true and accurate in all material respects as of the date hereof and as of the Repurchase Closing, provided, however, that the foregoing condition may be waived in whole or in part by the Company. (c) The obligation of WMX and the Shareholder to consummate the Repurchase is subject to the condition that the representations and warranties of the Company contained in Section 1.3 are true and accurate in all material respects as of the date hereof and as of the Repurchase Closing, provided, however, that the foregoing condition may be waived in whole or in part by WMX by the Shareholder.

Conditions to the Repurchase. (a) The respective obligations of ---------------------------- the Company and the Shareholder to consummate the Repurchase are subject to the fulfillment of each of the following conditions, any or all of which may be waived in whole or in part by the Company or the Shareholder, as the case may be, to the extent permitted by applicable law: (i) Concurrently with the Repurchase Closing, Merger Sub shall have paid for Shares pursuant to the Offer. (ii) No United States or state court or other Governmental Entity (as defined in the Merger Agreement) of competent jurisdiction shall have enacted, issued, promulgated, enforced or entered any statute, rule, regulation, judgment, decree, injunction or other order (whether temporary, preliminary or permanent) which is in effect and prohibits consummation of the transactions contemplated by the Merger Agreement or this Agreement. (b) The obligation of the Company to consummate the Repurchase is subject to the condition that the representations and warranties of WMX and the Shareholder contained in Section 1.2 are true and accurate in all material respects as of the date hereof and as of the Repurchase Closing, provided, however, that the foregoing condition may be waived in whole or in part by the Company. (c) The obligation of WMX and the Shareholder to consummate the Repurchase is subject to the condition that the representations and warranties of the Company contained in Section 1.3 are true and accurate in all material respects as of the date hereof and as of the Repurchase Closing, provided, however, that the foregoing condition may be waived in whole or in part by WMX by the Shareholder.

Conditions to the Repurchase. (a) The respective obligations of ---------------------------- the Company and the Shareholder to consummate the Repurchase are subject to the fulfillment of each of the following conditions, any or all of which may be waived in whole or in part by the Company or the Shareholder, as the case may be, to the extent permitted by applicable law: (i) Concurrently with the Repurchase Closing, Merger Sub shall have paid for Shares pursuant to the Offer. (ii) No United States or state court or other Governmental Entity (as defined in the Merger Agreement) of competent jurisdiction shall have enacted, issued, promulgated, enforced or entered any statute, rule, regulation, judgment, decree, injunction or other order (whether temporary, preliminary or permanent) which is in effect and prohibits consummation of the transactions contemplated by the Merger Agreement or this Agreement. (b) The obligation of the Company to consummate the Repurchase is subject to the condition that the representations and warranties of WMX and the Shareholder contained in Section 1.2 are true and accurate in all material respects as of the date hereof and as of the Repurchase Closing, provided, however, that the foregoing condition may be waived in whole or in part by the Company.Shareholder (c) The obligation of WMX and the Shareholder to consummate the Repurchase is subject to the condition that the representations and warranties of the Company contained in Section 1.3 are true and accurate in all material respects as of the date hereof and as of the Repurchase Closing, provided, however, that the foregoing condition may be waived in whole or in part by WMX by the Shareholder.

Conditions to the Repurchase. (a) The respective obligations of ---------------------------- the Company and the Shareholder to consummate the Repurchase are subject to the fulfillment of each of the following conditions, any or all of which may be waived in whole or in part by the Company or the Shareholder, as the case may be, to the extent permitted by applicable law: (i) Concurrently with the Repurchase Closing, Merger Sub shall have paid for Shares pursuant to the Offer. (ii) No United States or state court or other Governmental Entity (as defined in the Merger Agreement) of competent jurisdiction shall have enacted, issued, promulgated, enforced or entered any statute, rule, regulation, judgment, decree, injunction or other order (whether temporary, preliminary or permanent) which is in effect and prohibits consummation of the transactions contemplated by the Merger Agreement or this Agreement. (b) The obligation of the Company to consummate the Repurchase is subject to the condition that the representations and warranties of WMX and the Shareholder contained in Section 1.2 are true and accurate in all material respects as of the date hereof and as of the Repurchase Closing, provided, however, that the foregoing condition may be waived in whole or in part by the Company. (c) The obligation of WMX and the Shareholder to consummate the Repurchase is subject to the condition that the representations and warranties of the Company contained in Section 1.3 are true and accurate in all material respects as of the date hereof and as of the Repurchase Closing, provided, however, that the foregoing condition may be waived in whole or in part by WMX by the Shareholder.