Common use of Conditions to FBR’s Obligations Clause in Contracts

Conditions to FBR’s Obligations. The obligations of FBR hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by FBR of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by FBR in its sole discretion) of the following additional conditions:

Appears in 10 contracts

Samples: Common Stock (Pacific Ethanol, Inc.), Fbrco Merger Agreement (B. Riley Financial, Inc.), Enphase Energy, Inc.

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Conditions to FBR’s Obligations. The obligations of FBR hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by FBR of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by FBR in its sole discretion) of the following additional conditions:

Appears in 9 contracts

Samples: Sales Agreement (Seaspan CORP), pSivida Corp., American Superconductor Corp /De/

Conditions to FBR’s Obligations. The obligations of FBR hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by FBR of a due diligence review satisfactory to it FBR in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by FBR in its sole discretion) of the following additional conditions:

Appears in 2 contracts

Samples: Common Stock (Novavax Inc), Novavax Inc

Conditions to FBR’s Obligations. The obligations of FBR hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)the Manager herein, to the due performance in all material respects by the Company of its obligations hereunder, to the completion by FBR of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by FBR in its sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Anworth Mortgage Asset Corp

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Conditions to FBR’s Obligations. The obligations of FBR hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time), to the due performance in all material respects by the Company of its obligations hereunder, to the completion by FBR of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver in writing by FBR in its sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Soligenix, Inc.

Conditions to FBR’s Obligations. The obligations of FBR hereunder with respect to a Placement will be subject to the continuing accuracy and completeness of the representations and warranties made by the Company herein (other than those representations and warranties made as of a specified date or time)Partnership herein, to the due performance in all material respects by the Company Partnership of its obligations hereunder, to the completion by FBR of a due diligence review satisfactory to it in its reasonable judgment, and to the continuing reasonable satisfaction (or waiver by FBR in its sole discretion) of the following additional conditions:

Appears in 1 contract

Samples: Sanchez Production Partners LP

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