Conditions to Obligations of the Company - Second Closing. The Company's obligation to sell and issue the Second Shares and the Warrants at the Second Closing is subject to the fulfillment to the satisfaction of the Company on or prior to the Second Closing Date of the following conditions, any of which may be waived by the Company:
Conditions to Obligations of the Company - Second Closing. The obligation of the Company to consummate the Second Closing is subject to the following further condition: As of the Second Closing Date, (a) the representations and warranties contained in Sections 4.01 through 4.04 (disregarding in each case any exception or qualification as to materiality) shall be true and correct in all material respects at and as of the Second Closing Date as if made at and as of such date (except for such representations and warranties that speak as of a certain date, which shall be made at and as of such date), (b) the representations and warranties contained in Sections 4.06 through 4.09 and Section 4.13 shall be true and correct in all respects at and as of the Second Closing Date as if made at and as of such date (except for such representations and warranties that speak as of a certain date, which shall be made at and as of such date), and (c) the Company shall have received a certificate of an authorized representative of Buyer to the foregoing effect.
