Conditions Precedent to the Obligation of Seller to Close. The obligation of Seller to sell its Containers pursuant to this Agreement is subject to the fulfillment on or prior to the Closing of the following conditions, any one or more of which may be waived by it; provided, however, that, to the extent that a condition waived would constitute a breach of a provision of this Agreement, the waiver of such condition shall, in addition, constitute a waiver of the breach of such provision:
Appears in 12 contracts
Samples: Container Purchase Agreement (PLM Equipment Growth Fund Vi), Container Purchase Agreement (Iea Income Fund Viii), Container Purchase Agreement (Iea Income Fund Xi Lp)
Conditions Precedent to the Obligation of Seller to Close. The obligation of Seller to sell its the Containers pursuant to this Agreement is subject to the fulfillment on or prior to the Closing of the following conditions, any one or more of which may be waived by it; provided, however, that, to the extent that a condition waived would constitute a breach of a provision of this Agreement, the waiver of such condition shall, in addition, constitute a waiver of the breach of such provision:
Appears in 2 contracts
Samples: Container Purchase Agreement (CAI International, Inc.), Container Purchase Agreement (CAI International, Inc.)
Conditions Precedent to the Obligation of Seller to Close. The obligation of Seller to sell its the Containers pursuant to this Agreement is subject to the fulfillment on or prior to the Closing of the following conditions, any one or more of which may be waived by it; provided, however, that, to the extent that a condition waived would constitute a breach of a provision of this Agreement, the waiver of such condition shall, in addition, constitute a waiver of the breach of such provision:: 9.01
Appears in 1 contract
Samples: Container Purchase Agreement