Conditions to Issuer’s Obligations. The obligations of the Issuer to issue and sell the Securities pursuant to this Agreement on each Closing Date to any Purchaser are subject to the satisfaction, at or prior to such Closing Date, of the following conditions:
Conditions to Issuer’s Obligations. The obligation of the Issuer to consummate the Closing is further subject to the satisfaction, at or prior to the Closing Date, of the following additional conditions:
Conditions to Issuer’s Obligations. The obligations of the Issuer to issue New Notes and New Warrants to each Investor in respect of the Purchase, respectively, pursuant to Section 2 (but not the obligations of the Company, or the Issuer in respect of its indemnification obligations pursuant to Section 5.05) are subject to the satisfaction (or the waiver by the Issuer) of the following conditions as of the Closing Date and any applicable Subsequent Funding Date:
Conditions to Issuer’s Obligations. The Issuer’s obligation to deliver the Bonds to the Underwriter and to accept payment therefor will be conditioned upon the purchase of and payment for the Bonds in accordance herewith on the Closing Date and upon the delivery to the Issuer of the approving opinion of Xxxxxxx & Xxxx, P.C., Bond Counsel to the Issuer, and will be subject to the further condition that all documents, certificates, opinions and other items to be delivered at the Closing Date pursuant hereto be satisfactory in form and substance to Bond Counsel.
Conditions to Issuer’s Obligations at Each Subsequent Closing. The obligations of the Issuer under Sections 2.1 and 2.2(d) of this Agreement are subject to the fulfillment or waiver on or before any Subsequent Closing Date of each of the following conditions:
Conditions to Issuer’s Obligations. The obligations of the Issuer shall be subject to the accuracy as of the date hereof, through the Termination Date, of the representations and warranties contained in Section III hereof, to the performance by you of your obligations hereunder required to be performed on or before the Termination Date, and to the following further conditions, namely, that it is understood and agreed that neither you nor any of your representatives is authorized to make any representations on behalf of the Issuer, other than those contained in the Prospectus, or to act as the agent of the Issuer in any other capacity except as expressly set forth herein, and each time you submit a subscription of a potential Investor, you shall be deemed to have represented to the Issuer that you have complied with the foregoing conditions.
Conditions to Issuer’s Obligations. The obligations of the Issuer to purchase Transferred Assets on the Transfer Date shall be subject to the satisfaction of the following conditions:
Conditions to Issuer’s Obligations. The obligations of the Issuer to consummate the transactions contemplated by Article II to occur at the Closing is subject to the satisfaction, at or prior to the Closing Date, of the following condition:
Conditions to Issuer’s Obligations. The obligation of the Issuer to accept the pledge of the Initial Conveyed Assets on the Closing Date shall be subject to the satisfaction of the following conditions:
Conditions to Issuer’s Obligations. The obligations of the Issuer shall be subject to the accuracy as of the date hereof, through the Termination Date, of the representations and warranties contained in Section II hereof, to the performance by Dealer of its obligations hereunder required to be performed on or before the Termination Date, and to the following further conditions, namely, that it is understood and agreed that neither Dealer nor any of its representatives is authorized to make any representations on behalf of the Issuer, other than those contained in the Prospectus, or to act as the agent of the Issuer in any other capacity except as expressly set forth herein, and each time Dealer submits a subscription of a potential Investor, Dealer shall be deemed to have represented to the Issuer that Dealer has complied with the foregoing conditions.
