Common use of Lenders’ Closing Conditions Clause in Contracts

Lenders’ Closing Conditions. Each Lender’s obligation to purchase and pay for the Notes to be sold to such Lender at its respective Closing is subject to the satisfaction at or before the Closing Dates of the following conditions: (a) All of the representations and warranties of the Company contained in this Agreement shall be true and correct in all material respects, other than any representations or warranties qualified as to materiality, which shall be true and correct in all respects, in each case when made and on and as of the Closing Date (with the same effect as though such representations and warranties had been made on and as of the Closing Date), except for such representations and warranties which are made as of a specified date, which shall be true and correct in all respects or in all material respects, as applicable, as of such date. (b) The Company shall have performed or complied with all covenants and conditions required by this Agreement to be performed or complied with by the Company prior to or at the Closing.

Lenders’ Closing Conditions. Each The Lender’s obligation to purchase and pay for the Convertible Notes to be sold to such the Lender at its respective Closing is subject to the satisfaction at or before the Closing Dates of the following conditions: (a) All of the representations and warranties of the Company Issuer contained in this Agreement shall be true and correct in all material respects, other than any representations or warranties qualified as to materiality, which shall be true and correct in all respects, in each case when made and on and as of the Closing Date (with the same effect as though such representations and warranties had been made on and as of the Closing Date), except for such representations and warranties which are made as of a specified date, which shall be true and correct in all respects or in all material respects, as applicable, as of such date. (b) The Company Issuer shall have performed or complied with all covenants and conditions required by this Agreement to be performed or complied with by the Company Issuer prior to or at the Closing.