Common use of Conditions to Closing of the Company Clause in Contracts

Conditions to Closing of the Company. The Company’s obligations at the Closing are subject to: (i) the receipt by the Company of the Purchase Price, and (ii) the accuracy as of the Closing of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled prior to the Closing Date.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Discovery Laboratories Inc /De/), Securities Purchase Agreement (Discovery Laboratories Inc /De/)

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Conditions to Closing of the Company. The Company’s obligations at the applicable Closing are subject to: (i) to the receipt fulfillment, on or prior to the Closing Date, of the following conditions, any of which may be waived in whole or in part by the Company of the Purchase Price, Company: Representations and (ii) the accuracy as of the Closing of the Warranties. The representations and warranties made by the applicable Investor in Section 3 will be true and the fulfillment of those undertakings of the Investor to be fulfilled prior to correct in all material respects when made on the Closing Date.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Nuburu, Inc.)

Conditions to Closing of the Company. The Company’s obligations at the Closing are subject to: (i) to the receipt by the Company of the Purchase Pricefulfillment, and (ii) the accuracy as of the Closing of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled on or prior to the Closing Date., of all of the following conditions, any of which may be waived in whole or part by the Company:

Appears in 1 contract

Samples: Exchange Agreement (State Bancorp Inc)

Conditions to Closing of the Company. The Company’s obligations at the Closing are subject to: (i) to the receipt by fulfillment, to the Company reasonable satisfaction of the Purchase PricePurchaser, and (ii) the accuracy as of the Closing of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled on or prior to the Closing Date., of all of the following conditions, any of which may be waived in whole or in part by the Purchaser:

Appears in 1 contract

Samples: Note Purchase Agreement (DraftDay Fantasy Sports, Inc.)

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Conditions to Closing of the Company. The Company’s obligations at the Closing are subject to: (i) the receipt by the Company of the Purchase Priceexisting Note and the Warrant Agreements and the other documentation related thereto, and whatever documents of assignment, conveyance and transfer may be necessary or desirable with respect thereto, and (ii) the accuracy as of the Closing of the representations and warranties made by the Investor Lender and the fulfillment of those undertakings of the Investor Lender to be fulfilled prior to the Closing Date.

Appears in 1 contract

Samples: Payment Agreement (Discovery Laboratories Inc /De/)

Conditions to Closing of the Company. The Company’s 's obligations at the Closing are subject to: (i) to the receipt by the Company of the Purchase Pricefulfillment, and (ii) the accuracy as of the Closing of the representations and warranties made by the Investor and the fulfillment of those undertakings of the Investor to be fulfilled on or prior to the Closing Date., of the following conditions, any of which may be waived in whole or in part by the Company:

Appears in 1 contract

Samples: Senior Secured Convertible Note and Warrant Purchase Agreement (Zap)

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