Common use of Investor’s Conditions Clause in Contracts

Investor’s Conditions. The obligations of the Investor to consummate the transaction contemplated by this Agreement shall be subject to fulfillment of the following conditions on or prior to the date of Closing: (a) The representations and warranties of the Issuer set forth in Article 2 shall be true and correct on and as of the date of Closing. (b) All proceedings, corporate or otherwise required to be taken by the Issuer on or prior to the date of Closing in connection with this Agreement, and the Debt Exchange contemplated hereby, shall have been duly and validly taken, and all necessary consents, approvals or authorizations required to be obtained by the Issuer on or prior to the Closing shall have been obtained. (c) A copy of the Certificate of Designation, as filed with, and certified as of a recent date by, the Secretary of State of the State of Delaware, shall have been delivered to the Investor. (d) The Issuer shall have issued and delivered, or cause to be issued and delivered, to the Investor, stock certificates, registered in the name of the Investor, representing duly authorized, validly issued, fully paid and non-assessable Exchange Shares. (e) The Issuer shall have delivered to the Investor such other documents, certificates or other information as the Investor or its counsel may reasonably request.

Investor’s Conditions. The obligations of the Investor Investors to consummate the transaction contemplated by this Agreement shall be subject to fulfillment of the following conditions on or prior to the date of Closing: (a) The representations and warranties of the Issuer set forth in Article 2 shall be true and correct on and as of the date of Closing. (b) All proceedings, corporate or otherwise required to be taken by the Issuer on or prior to the date of Closing in connection with this Agreement, and the Debt Exchange contemplated hereby, shall have been duly and validly taken, and all necessary consents, approvals or authorizations required to be obtained by the Issuer on or prior to the Closing shall have been obtained. (c) A copy of the Certificate of Designation, as filed with, and certified as of a recent date by, the Secretary of State of the State of DelawareState, shall have been delivered to the InvestorInvestors. (d) The Issuer shall have issued and delivered, or cause to be issued and delivered, to the InvestorInvestors, stock certificatescertificates or evidence of book entry registration, registered in the name of the each respective Investor, representing duly authorized, validly issued, fully paid and non-assessable Exchange Shares. (e) The Issuer shall have delivered to the Investor Investors such other documents, certificates or other information as the Investor Investors or its their counsel may reasonably request.

Investor’s Conditions. The obligations of the Investor to consummate the transaction contemplated by this Agreement shall be subject to fulfillment of the following conditions on or prior to the date of Closing: (a) The representations and warranties of the Issuer set forth in Article 2 shall be true and correct on and as of the date of Closing. (b) All proceedings, corporate or otherwise required to be taken by the Issuer on or prior to the date of Closing in connection with this Agreement, and the Debt Exchange contemplated hereby, shall have been duly and validly taken, and all necessary consents, approvals or authorizations required to be obtained by the Issuer on or prior to the Closing shall have been obtained. (c) A copy of the Certificate of Designation, as filed with, and certified as of a recent date by, the Secretary of State of the State of DelawareNevada, shall have been delivered to the Investor. (d) The Issuer shall have issued and delivered, or cause to be issued and delivered, to the Investor, stock certificates, registered in the name of the Investor, representing duly authorized, validly issued, fully paid and non-assessable Exchange Shares. (e) The Issuer shall have delivered to the Investor such other documents, certificates or other information as the Investor or its counsel may reasonably request.