Common use of Conditions of the Obligation of the Company Clause in Contracts

Conditions of the Obligation of the Company. The obligation of the Company to deliver the Stock shall be subject to the conditions that (a) the Registration Statement shall have become effective and (b) no stop order suspending the effectiveness thereof shall be in effect and no proceedings therefor shall be pending or threatened by the Commission. In case either of the conditions specified in this Section 11 shall not be fulfilled, this Agreement may be terminated by the Company by giving notice to you and such failure of condition is not because of any refusal, inability or failure of the Company to perform any agreement herein, to fulfill any condition herein or to comply with any provisions hereof. Any such termination shall be without liability of the Company to the Underwriters and without liability of the Underwriters to the Company; provided, however, that in the event of any such termination (I) the Company agrees to indemnify and hold harmless the Underwriters from all costs or expenses incident to the performance of the obligations of the Company under this Agreement, including all costs and expenses referred to in paragraphs (j) and (k) of Section 7 hereof.

Conditions of the Obligation of the Company. The obligation of the Company to deliver the Stock shall be subject to the conditions that (a) the Registration Statement shall have become effective and (b) no stop order suspending the effectiveness thereof shall be in effect and no proceedings therefor shall be pending or threatened by the Commission; (b) you shall have made payment for all the Stock to be sold on the Closing Date (or in the case of the Option Stock, on any later date on which Option Stock is purchased) against delivery of the certificates evidencing such Stock, as provided in Section 5 hereof. In case either of the conditions specified in this Section 11 10 shall not be fulfilled, this Agreement may be terminated by the Company by giving notice to you and such failure of condition is not because of any refusal, inability or failure of the Company to perform any agreement herein, to fulfill any condition herein or to comply with any provisions hereofyou. Any such termination shall be without liability of the Company to the Underwriters and without liability of the Underwriters to the Company; provided, however, that in the event of any such termination (I) the Company agrees to indemnify and hold harmless the Underwriters from all costs or expenses incident to the performance of the obligations of the Company under this Agreement, including all costs and expenses referred to in paragraphs (ji) and (kj) of Section 7 6 hereof.

Conditions of the Obligation of the Company. The obligation of the ------------------------------------------- Company to deliver the Stock shall be subject to the conditions that (a) the Registration Statement shall have become effective and effective, (b) no stop order suspending the effectiveness thereof shall be in effect and no proceedings therefor shall be pending or threatened by the CommissionCommission and (c) you and the Underwriters shall have performed all obligations hereunder. In case either of the conditions specified in this Section 11 10 shall not be fulfilled, this Agreement may be terminated by the Company by giving notice to you and such failure of condition is not because of any refusal, inability or failure of the Company to perform any agreement herein, to fulfill any condition herein or to comply with any provisions hereofyou. Any such termination shall be without liability of the Company to the Underwriters and and, except in the case of a breach of subsection (c), without liability of the Underwriters to the Company; provided, however, that in the event of any such termination (I) the Company agrees to indemnify and hold harmless the Underwriters from all out-of-pockets costs or expenses incident to the performance of the obligations of the Company under this Agreement, including all costs and expenses referred to in paragraphs (ji) and (kj) of Section 7 6 hereof.

Conditions of the Obligation of the Company. The obligation of the Company to deliver the Stock shall be subject to the conditions that (a) the Registration Statement shall have become effective and (b) no stop order suspending the effectiveness thereof shall be in effect and no proceedings therefor shall be pending or threatened by the Commission. In case either of the conditions specified in this Section 11 shall not be fulfilled, this Agreement may be terminated by the Company by giving notice to you and such failure of condition is not because of any refusal, inability or failure of the Company to perform any agreement herein, to fulfill any condition herein or to comply with any provisions hereofyou. Any such termination shall be without liability of the Company to the Underwriters (or their respective control persons) and without liability of the Underwriters to the CompanyCompany (or its control persons); providedPROVIDED, howeverHOWEVER, that in the event of any such termination (I) the Company agrees to indemnify and hold harmless the Underwriters from all costs or expenses incident to the performance of the obligations of the Company under this Agreement, including all costs and expenses referred to in paragraphs (i), (j) and (k) of Section 7 6 hereof.

Conditions of the Obligation of the Company. The obligation of the Company and the Selling Stockholder to deliver the Stock shall be subject to the conditions that (a) the Registration Statement shall have become effective and (b) no stop order suspending the effectiveness thereof shall be in effect and no proceedings therefor shall be pending or threatened by the Commission. In case either of the conditions specified in this Section 11 10 shall not be fulfilled, this Agreement may be terminated by the Company by giving notice to you and such failure of condition is not because of any refusal, inability or failure of the Company to perform any agreement herein, to fulfill any condition herein or to comply with any provisions hereofyou. Any such termination shall be without liability of the Company and the Selling Stockholder to the Underwriters and without liability of the Underwriters to the CompanyCompany and the Selling Stockholder; provided, however, that in the event of any such termination (I) the Company agrees to indemnify and hold harmless the Underwriters from all actual, accountable, out-of-pocket costs or and expenses incident to the performance of the obligations of the Company under this Agreement, Agreement including all actual, accountable, out-of-pocket costs and expenses referred to in paragraphs (ji) and (kj) of Section 7 6 hereof.