Condition Precedent to the Obligations of the Company. The obligations of the Company hereunder are subject to the due filing with the Secretary of State of the State of Delaware and the legal effectiveness of the Certificate of Designations on or prior to the Closing Date.
Condition Precedent to the Obligations of the Company. The obligation of the Company to nominate the Nominee to the Board pursuant to this Letter Agreement is subject to the satisfaction or waiver by the Company of the following condition:
Condition Precedent to the Obligations of the Company. The obligations of the Company to consummate the issuance and sale of the Securities is subject to the condition that the representations and warranties of Nassau Capital and NAS contained herein shall be true and correct in all material respects on and as of the Closing Date, with the same force and effect as though made on and as of the Closing Date, except to the extent that any representation or warranty is made as of a specified date, in which case such representation or warranty shall be true and correct as of such date. The Company shall receive at Closing a certificate from each of the General Partner of Nassau Capital and the Manager of NAS, each dated the Closing Date, certifying the foregoing.
Condition Precedent to the Obligations of the Company. All obligations of the Company under this Agreement are subject to the representations and warranties of KENS contained in this Agreement being true on and as of the Closing Date with the same effect as if said representations and warranties had been made on and as of the Closing Date.
