Conditions to Xxxxx’ Obligations. The obligations of Xxxxx hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Fund and the Adviser herein, to the due performance by the Fund and the Adviser of their respective obligations hereunder, to the completion by Xxxxx of a due diligence review satisfactory to Xxxxx in its reasonable judgment, and to the continuing satisfaction (or waiver by Xxxxx in its sole discretion) of the following additional conditions:
Conditions to Xxxxx’ Obligations. Xxxx'x obligations -------------------------------- hereunder, as to the Shares to be issued at the Closing Date, are subject, to the extent not waived by Xxxx, to the condition that all representations and warranties of the Company and the Bank herein are, at and as of the commencement of the Offering and at and as of the Closing Date, true and correct in all material respects, the condition that the Company and the Bank shall have performed all of their obligations hereunder to be performed on or before such dates, and to the following further conditions:
Conditions to Xxxxx’ Obligations. The obligations of Xxxx hereunder with respect to a Placement Notice will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein, to the due performance by the Company of its obligations hereunder, to the completion by Xxxx of a due diligence review satisfactory to Xxxx in its reasonable judgment, and to the continuing satisfaction (or waiver by Xxxx in its sole discretion) of the following additional conditions:
Conditions to Xxxxx’ Obligations. The obligations of Xxxx to consummate the Closing and the transactions contemplated by this Agreement are subject to the satisfaction or waiver by Xxxx, on or prior to the Closing Date, of each of the following conditions:
Conditions to Xxxxx’ Obligations. The obligations of -------------------------------- Xxxxx to consummate the transactions contemplated by this Agreement will be subject to the satisfaction, at or before the Closing, of the following conditions, which may be waived by Xxxxx:
Conditions to Xxxxx’ Obligations. The obligations of Xxxxx under this Agreement, (including, without limitation, the obligation to transfer the Class A Preferred Shares in exchange for the Class B Preferred Shares) shall be subject to satisfaction of the following conditions, unless waived by Xxxxx: (i) Tribus shall have performed in all material respects all agreements, and satisfied in all material respects all conditions on its part to be performed or satisfied hereunder, at or prior to the Closing; (ii) all of the representations and warranties of Tribus herein shall have been true and correct in all respects when made, shall have continued to have been true and correct in all respects at all times subsequent thereto, and shall be true and correct in all material respects on and as of the Closing as though made on, as of, and with reference to such Closing; (iii) Tribus shall have executed and delivered to Xxxxx all documents necessary to issue the Class B Preferred Shares to Xxxxx, as contemplated by this Agreement; and (iv) Tribus shall have obtained or made, as applicable, all consents, authorizations and approvals from, and all declarations, filings and registrations required to consummate the transactions contemplated by this Agreement, including all items required under the incorporation document and bylaws of Tribus.
Conditions to Xxxxx’ Obligations. Xxxx'x obligation to make its -------------------------------- payments and deliveries at the Common Stock Closing are subject to the following conditions:
Conditions to Xxxxx’ Obligations. The obligations of Xxxxx to issue the Note to Victory are subject to the satisfaction, on or before the Closing Date, of each of the following conditions; provided, however, that these conditions are for Xxxxx’ benefit and may be waived in writing by Xxxxx at any time in their sole discretion:
