Conditions Precedent to the Obligation of the Company to Sell Clause Samples

Conditions Precedent to the Obligation of the Company to Sell. The obligation of the Company to sell the Debentures and the Warrants hereunder is subject to the satisfaction or waiver (with prior written notice to each Purchaser) by the Company, at or before the Closing, of each of the following conditions:

Conditions Precedent to the Obligation of the Company to Sell. The obligation of the Company to sell the Debentures and the Warrants hereunder is subject to the satisfaction or waiver (with prior written notice to each Purchaser) by the Company, at or before the Closing, of each of the following conditions: (i) Accuracy of the Purchasers' Representations and Warranties. The representations and warranties of each Purchaser in this Agreement shall be true and correct in all material respects as of the date when made (except for representations and warranties that speak as of a specific date) and as of the Closing Date; (ii) Performance by the Purchasers. Each Purchaser shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by such Purchaser at or prior to the Closing; and (iii) No Injunction. No statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by any court or governmental authority of competent jurisdiction which prohibits the consummation of any of the transactions contemplated by this Agreement or the Transaction Documents.

Conditions Precedent to the Obligation of the Company to Sell. The obligation of the Company to sell the Shares, the A Warrant, the B Warrant or the Warrant Shares hereunder is subject to the satisfaction or waiver (with prior written notice to the Purchaser) by the Company, at or before the Primary Closing, of each of the following conditions: (1) Accuracy of the Purchaser's Representations and Warranties. The representations and warranties of the Purchaser in this Agreement shall be true and correct in all material respects as of the date when made (except for representations and warranties that speak as of a specific date) and as of the Closing Date; (2) Performance by the Purchaser. The Purchaser shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Purchaser at or prior to the Primary Closing; and

Conditions Precedent to the Obligation of the Company to Sell. The obligation hereunder of the Company to issue and/or sell the Note and the other Transaction Documents to the Purchaser at the applicable Closing is subject to the satisfaction, at or before the applicable Closing, of each of the applicable conditions set forth below. These conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion. (a) Accuracy of the Purchaser's Representations and Warranties. The representations and warranties of the Purchaser will be true and correct in all material respects as of the date when made and as of the Closing Date, as though made at that time.

Conditions Precedent to the Obligation of the Company to Sell. The obligation hereunder of the Company to issue and/or sell the Initial Shares, Options and Warrants to the Investors at the Closing and to issue and/or sell the Option Shares and Option Warrants upon exercise of the Options is subject to the satisfaction, at or before the applicable closing, as the case may be, of each of the applicable conditions set forth below. These conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion. (a) Accuracy of the Investors' Representations and Warranties. The representations and warranties of each Investor will be true and correct as of the date when made and as of the Closing Date and, only with respect to an Investor exercising an Option, as of any Option Closing (as defined in the Options) in which such Investor participates. (b) Performance by the Investors. Each Investor shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Investor at or prior to the Closing or, only with respect to an Investor exercising an Option, any Option Closing (as defined in the Options) in which such Investor participates, as the case may be, including payment of the applicable purchase price.

Conditions Precedent to the Obligation of the Company to Sell. The obligation hereunder of the Company to issue the Debenture and the other Transaction Documents to the Purchaser is subject to the satisfaction, on the date hereof, of each of the applicable conditions set forth below. These conditions are for the Company's sole benefit and may be waived by the Company by the execution of this Agreement.

Conditions Precedent to the Obligation of the Company to Sell. The obligation of the Company to issue and sell the Common Shares to the Purchaser at the Closing is subject to the satisfaction, at or before the Closing, of each of the conditions set forth below. These conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion. (a) Accuracy of the Purchaser's Representations and Warranties. The representations and warranties of the Purchaser will be true and correct in all material respects as of the date when made and as of the Closing Date, as though made at that time. (b) Performance by the Purchaser. The Purchaser shall have performed all agreements and satisfied all conditions required to be performed or satisfied by the Purchaser at or prior to the Closing.

Conditions Precedent to the Obligation of the Company to Sell. The obligation hereunder of the Company to issue and/or sell the Initial Shares and Warrants to the Investors at the Closing is subject to the satisfaction, at or before the closing of each of the applicable conditions set forth below. These conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion. (a) Accuracy of the Investors' Representations and Warranties. The representations and warranties of the Investors will be true and correct as of the date when made and as of the Closing Date.

Conditions Precedent to the Obligation of the Company to Sell. The obligation hereunder of the Company to issue and/or sell the Initial Shares and Initial Warrants to the Investors at the Closing and to issue and/or sell Additional Shares and Additional Warrants elected to be purchased by the Investors is subject to the satisfaction, at or before the applicable closing, as the case may be, of each of the applicable conditions set forth below. These conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion. (a) Accuracy of the Investors' Representations and Warranties. The representations and warranties of the Investors will be true and correct in all material respects as of the date when made and as of the Closing Date and as of any Additional Closing.