Until the Closing and notwithstanding anything to the contrary contained Sample Clauses

Until the Closing and notwithstanding anything to the contrary contained herein but subject to the remainder of this Section 5.1.2, the Company, or Seller on behalf of the Company, may pay or incur Permitted Interim Capital Expenditures. Without first obtaining the prior written consent of Buyer (which consent shall not be unreasonably withheld, conditioned or delayed), Seller shall not, and Seller shall cause the Company not to, (i) pay or incur any liability for any capital expenditures that do not constitute Permitted Interim Capital Expenditures or (ii) in any month beginning with May 2013 until the month in which the Closing occurs, pay or incur any liability for any capital expenditures attributable to such month that do constitute Permitted Interim Capital Expenditures if, after giving effect to such payment or incurrence, the amount of capital expenditures paid or incurred by or on behalf of the Company during such month would exceed by more than ten percent (10%) an amount equal to (x) the estimated aggregate amount of capital expenditures attributable to such Capex Month on Schedule 3.14 plus (y) the sum of all Shortfall Amounts applicable to previous Capex Months. Notwithstanding the terms of this
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Related to Until the Closing and notwithstanding anything to the contrary contained

  • Conditions to the Obligation of the Company to Consummate the Closing The obligation of the Company to consummate the Closing and to issue and sell to the Investor the Shares to be purchased by it at the Closing is subject to the satisfaction of the following conditions precedent:

  • CONDITIONS TO THE COMPANY’S OBLIGATIONS AT THE CLOSING The obligations of the Company to the Purchasers under this Agreement are subject to the fulfillment or waiver, on or before the Closing, of each of the following conditions:

  • Conditions to the Company’s Obligation to Close The obligation of the Company hereunder to consummate the Closing is subject to the satisfaction or waiver by the Company, at or before the Closing Date, of each of the following conditions:

  • CONDITIONS TO THE DEALER MANAGER’S OBLIGATIONS The Dealer Manager’s obligations hereunder shall be subject to the following terms and conditions:

  • Transactions Subject to Fund/SERV On each “Business Day” (as that term is defined in a Fund’s prospectus) on which the Fund determines its per share net asset values, the Fund Agent or its designee shall accept and effect changes in its records upon receipt of purchase, redemption, exchanges, account transfers and registration instructions from the Trust Entity electronically through Fund/SERV (“Instructions”) without supporting documentation from the Client-shareholder. On each Business Day, the Fund Agent or its designee shall accept for processing any Instructions from the Trust Entity and shall process such Instructions in a timely manner.

  • CONDITIONS TO COMPANY’S OBLIGATIONS AT THE CLOSING The Company’s obligation to complete the sale and issuance of the Securities and deliver Securities to each Purchaser, individually, as set forth in the Schedule of Purchasers at the Closing shall be subject to the following conditions to the extent not waived by the Company:

  • Seller’s Obligations at the Closing At the Closing, Seller shall deliver to Purchaser the following:

  • Conditions to the Company’s Obligations to Effect the Merger The obligations of the Company to consummate the Merger shall be subject to the satisfaction or waiver prior to the Effective Time of each of the following conditions, any of which may be waived exclusively by the Company:

  • CONDITIONS TO THE PURCHASER’S OBLIGATION TO CLOSE The obligation of the Purchaser to acquire the Property shall be subject to the satisfaction of the following conditions precedent on and as of the Closing Date:

  • Conditions to Purchasers’ Obligations at the Closing Purchasers’ obligation to purchase the Shares at the Closing are subject to the satisfaction, at or prior to the Closing Date, of the following conditions:

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