CONDITIONS PRECEDENT TO THE COMPANY’S OBLIGATION. The obligation of the Company to exchange the Notes for the Exchange Shares with any Noteholder is subject to the following conditions (any or all of which may be waived by the Company in its sole discretion):
CONDITIONS PRECEDENT TO THE COMPANY’S OBLIGATION. The obligation of the Company to issue and sell the Commitment Shares at any Closing is subject to the fulfillment of the following conditions (any or all of which may be waived by the Company in its sole discretion):
CONDITIONS PRECEDENT TO THE COMPANY’S OBLIGATION. The obligation of the Company to effect the Exchange and Sale is subject to the following conditions (any or all of which may be waived by the Company in its sole discretion):
CONDITIONS PRECEDENT TO THE COMPANY’S OBLIGATION. The obligation of the Company Entities to consummate the transactions contemplated in this Agreement at the Closing is subject to the satisfaction of all of the following conditions, any of which may be waived (but only in writing) by the Company:
CONDITIONS PRECEDENT TO THE COMPANY’S OBLIGATION. The obligations of the Company to consummate the purchase of the Shares on the Closing Date is subject to satisfaction of the following conditions (all or any of which may be waived by the Company):
CONDITIONS PRECEDENT TO THE COMPANY’S OBLIGATION. The obligation of the Company to exchange the 2005 Exchanged Notes for the New Securities is subject to the following conditions (any or all of which may be waived by the Company in its sole discretion):
CONDITIONS PRECEDENT TO THE COMPANY’S OBLIGATION. TO SELL THE SHARES The obligation of the Company to sell Shares to the Investor with respect to any payment of the Purchase Price is subject to the satisfaction on or prior to the Purchase Date of the conditions precedent that the Company shall have received the following in form and substance reasonably satisfactory to the Company.
CONDITIONS PRECEDENT TO THE COMPANY’S OBLIGATION. The obligation of the Company to consummate the issuance, sale and assignment to Purchaser of the Purchaser Shares is, at the option of the Company, also subject to the satisfaction of the following conditions:
CONDITIONS PRECEDENT TO THE COMPANY’S OBLIGATION. The obligation of the Company to exchange the Exchanged Notes for the Units consisting of the Third Lien Notes and the Warrants is subject to the following conditions (any or all of which may be waived by the Company in its sole discretion):
CONDITIONS PRECEDENT TO THE COMPANY’S OBLIGATION. The obligation of the Company to sell the Second Lien Notes and the Warrants is subject to the fulfillment of the following conditions (any or all of which may be waived by the Company in its sole discretion):
