Conditions to Each Closing. Each Purchaser’s obligation to purchase and pay for the Notes to be sold to such Purchaser at the applicable Closing is subject to the fulfillment to such Purchaser’s reasonable satisfaction, prior to or at the applicable Closing, of the following conditions:
Conditions to Each Closing. Subject to the terms hereof, the obligation of the Purchaser to purchase the Stock at the Closing is subject to the fulfillment, prior to the Closing to the satisfaction of the Purchaser, of the following conditions, the waiver of which shall not be effective against Purchaser without written consent thereto:
Conditions to Each Closing. Each of the Purchasers' obligation to -------------------------- purchase and pay for the Shares to be sold to such Purchaser at each Closing is subject to the fulfillment, prior to or concurrently with such Closing, of the following conditions. The obligation of each Purchaser to purchase the First Preferred Shares at the First Closing shall be subject to the satisfaction or waiver of all of the conditions set forth below except for the condition in Section 4.13. The Company's obligation to issue and sell the Shares to the Purchasers at the First Closing is subject to (i) NR Holdings Limited, a Cayman Islands company, and NR Investments Limited, a Cayman Islands company, having executed and delivered to the Company voting agreements in the form of Exhibit C --------- and (ii) DB Capital Investors, L.P. and X.X. Xxxxxx Capital Corporation filing a notification within the meaning of such term in the Xxxx-Xxxxx-Xxxxxx Antitrust Improvements Act of 1976, as amended, and the regulations thereunder, 16 C.F.R. Parts 000-000 (xxx "XXX Xxx"), in connection with this Agreement and any applicable waiting period under the HSR Act relating to this Agreement having expired or been terminated. The obligation of each Purchaser to purchase the Second Preferred Shares at the Second Closing shall be subject to the satisfaction or waiver of the conditions set forth in Sections 4.1, 4.2, 4.3 and 4.13.
Conditions to Each Closing. Notwithstanding anything herein contained, the obligation of each Lender to consummate the purchase of the Debentures at the Initial Closing and each Additional Closing, if any, and to pay the Purchase Price will be subject to the fulfillment of the following conditions at or prior to each Closing Date, and the Borrowers covenant to use their respective commercially reasonable efforts to ensure that such conditions are fulfilled.
Conditions to Each Closing. Holder shall not be obligated to accept any Note as payment for any portion of a royalty payment owing under the terms of the Licensing Agreement, unless and until the following conditions have been satisfied or performed, on or prior to the proposed Closing Date for such royalty payment, to Holder’s complete satisfaction or waived in writing by Holder:
Conditions to Each Closing. Each Purchaser's obligation to purchase and pay for the Securities is subject to the satisfaction prior to or at each Closing of the following conditions provided that these conditions are for each Purchaser's sole benefit and may be waived by such Purchaser at any time in its sole discretion:
Conditions to Each Closing. (a) The obligation of Qurate to effect an Exchange at any Closing shall be subject to the satisfaction or (to the extent legally permissible) waiver in writing by Qurate, prior to such Closing, of the following conditions: (i) no judgment, order, writ, award, preliminary or permanent injunction or decree of any Governmental Entity shall be in effect that prohibits, renders illegal or enjoins the consummation of the Exchange to be consummated at such Closing; (ii) the representations and warranties of Xx. Xxxxxx set forth in Section 2.1 shall be true and correct in all respects in each case as of the date of this Agreement and as of the applicable Closing Date as though made on and as of the applicable Closing Date, except for those representations and warranties made as of a specified date, which shall be true and correct in all respects as of such date; (iii) Xx. Xxxxxx shall have performed in all material respects all covenants required to be performed by him prior to or at the applicable Closing; and (iv) Xx. Xxxxxx shall have delivered to Qurate a certificate duly executed by Xx. Xxxxxx that the conditions set forth in clauses (ii) and (iii) of this Section 1.4(a) have been satisfied.
Conditions to Each Closing. Each Purchaser's obligation to purchase and pay for the Securities to be sold in connection with the Initial Investment and each Subsequent Investment is subject to the satisfaction prior to or at each Closing of each of the following conditions:
Conditions to Each Closing. The Company’s obligation to sell and issue the Notes and the Warrants at each Closing is subject to the fulfillment on or prior to each Closing Date of the following conditions, any of which may be waived by the Company. The representations and warranties made by such Investor in Section 5.1 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on such Closing Date with the same force and effect as if they had been made on and as of said date. Such Investor shall have performed in all material respects all obligations and covenants herein required to be performed by them on or prior to such Closing Date.
Conditions to Each Closing. Each Purchaser’s obligation to purchase and pay for Shelf Notes to be purchased by such Purchaser hereunder on any Closing Day is subject to the satisfaction, on or before such Closing Day, of the following conditions:
