Conditions to Obligations of the Corporation. The obligation of the Corporation to consummate the transactions contemplated by this Agreement is subject to the satisfaction at or prior to the Closing of the following conditions (which may be waived in writing, in whole or in part, by the Corporation):
Conditions to Obligations of the Corporation. The Corporation's obligation to sell the Stock is subject to the fulfillment on or prior to the Closing Date of each of the following conditions:
Conditions to Obligations of the Corporation. It shall be a condition precedent to the obligations of the Corporation hereunder to be performed at each Closing, as the case may be, as to each Investor severally, but not jointly, that (a) the representations and warranties contained herein of each of the Investors hereunder shall be true and correct as of the date of each such Closing with the same force and effect as though such representations and warranties had been made on and as of such date, (b) each Investor who is an individual shall have completed, executed and delivered to the Corporation an accredited investor questionnaire, in a form provided by and to the reasonable satisfaction of the Corporation and (c) such Investor shall be, or shall have executed and delivered a counterpart signature page or an Instrument of Adherence to become, a party to the Stockholders’ Agreement in the capacity of an Investor thereunder.
Conditions to Obligations of the Corporation. The obligations of the Corporation to sell the Shares as contemplated by this Agreement are subject to the satisfaction, on or before the date of the Closing, of each of the following conditions precedent, any one or more of which may be waived by the Corporation, in its sole and absolute discretion:
Conditions to Obligations of the Corporation. It shall be a condition precedent to the obligations of the Corporation hereunder to be performed at the Stage I Closing, Stage II Closing or Stage III Closing, as the case may be, as to each Investor severally, but not jointly, that (a) the representations and warranties contained herein of each of the Investors hereunder shall be true and correct as of the date of each such Closing with the same force and effect as though such representations and warranties had been made on and as of such date, and that (b) each Investor who is an individual shall have completed, executed and delivered to the Corporation an accredited investor questionnaire, in a form provided by and to the reasonable satisfaction of the Corporation.
Conditions to Obligations of the Corporation. It shall be conditions precedent to the obligations of the Corporation hereunder to be performed at the Closing that:
Conditions to Obligations of the Corporation. It shall be a condition precedent to the obligations of the Corporation hereunder to be performed at the Closing as the case may be, as to each Investor severally, but not jointly, that (i) the representations and warranties contained herein of each of the Investors hereunder shall be true and correct as of the date of the Closing with the same force and effect as though such representations and warranties had been made on and as of such date, and (ii) each Investor shall have delivered payment of the purchase price as set forth in Section 3 and Schedule 1.
Conditions to Obligations of the Corporation. It shall be a condition precedent to the obligations of the Corporation hereunder to be performed at the Closing, as the case may be, as to each Investor severally, but not jointly, that the representations and warranties contained herein of each of the Investors hereunder shall be true and correct as of the date of the Closing with the same force and effect as though such representations and warranties had been made on and as of such date. In addition, the parties acknowledge that as of the date of this Agreement in connection with the Closing, each Investor has executed and delivered this Agreement and the Investor Rights Agreement.
Conditions to Obligations of the Corporation. The obligations of each of CXI and COES under Section 1(b) of this Agreement are subject to the fulfillment, or the waiver, of the following condition on or before the date of the Closing: Each representation and warranty contained in Section 6 shall be true on and as of the date of the Closing.
Conditions to Obligations of the Corporation. It shall be a condition precedent to the obligations of the Corporation hereunder that the representations and warranties of the Investor contained herein shall be true and correct as of the date of the Initial Closing with the same force and effect as though such representations and warranties had been made on and as of such date.
