Conditions to the Additional Closing Sample Clauses

Conditions to the Additional Closing. (a) Xxxxxxxxns of the Company to the Additional Closing. The obligation of the Company to sell and issue the Additional Note to the Investor at the Additional Closing is subject to the fulfillment, to the Company's reasonable satisfaction, prior to or at the Additional Closing, of each of the following conditions:

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Conditions to the Additional Closing. If Lenders and Borrower reach an agreement as to the terms going forward for the Additional Closing, the following conditions shall apply thereto:

Conditions to the Additional Closing. (a) The respective obligations of each of the Company and the Purchaser to effect the Additional Closing shall be further subject to the satisfaction (or waiver, if permissible under applicable Law) on or prior to the Additional Closing Date of the following conditions:

Conditions to the Additional Closing. 2.8.1 The obligations of Gilead hereunder in connection with the Additional Closing are subject to the following conditions being satisfied or waived:

Conditions to the Additional Closing. (a) The respective obligations of each of the Company and the Purchaser to effect the Additional Closing shall be further subject to the satisfaction (or waiver, if permissible under applicable Law) on or prior to the Additional Closing Date of the following conditions: (i) the waiting period (and any extension thereof) applicable to the consummation of Transactions under the HSR Act shall have expired or early termination thereof shall have been granted. (b) The obligations of the Purchaser to effect the Additional Closing shall be subject to the satisfaction (or waiver, if permissible under applicable Law) on or prior to the Additional Closing Date of the following conditions: (i) the aggregate number of shares of Common Stock issuable upon conversion of all shares of Series A Preferred Stock, including Accrued Dividends (as defined in the Certificate of Designations) through the fifth anniversary of the Additional Closing Date, shall have been approved for listing on the NYSE, subject to official notice of issuance; and (ii) the Board shall have taken all actions necessary and appropriate to elect each of the Purchaser Designees to the Board, effective immediately upon the Additional Closing and none of the Purchaser Designees or Purchaser Directors, as applicable, shall be subject to any requirement, condition, understanding, agreement or restriction relating to their service on the Board based on the identity or independence of any Purchaser Designee or to the conduct of any Purchaser Director, except as contemplated by Section 5.10(f). ARTICLE VII

Conditions to the Additional Closing

Related to Conditions to the Additional Closing

Conditions to the Closing Date The obligations of each Bank to make the Loans contemplated by subsections 2.1 and 2.2 and of the Issuing Bank to issue Letters of Credit contemplated by subsection 3.1 shall be subject to the compliance by the Company with its agreements herein contained and to the satisfaction, on or before October 1, 2004, of the following conditions:
Conditions to the Closing On or before the Closing Date, the Trust Depositor shall deliver or cause to be delivered the following documents to the Owner Trustee and the Indenture Trustee:
Conditions to Second Closing The occurrence of the Second Closing is expressly contingent on (i) the truth and accuracy, on the Effective Date, Actual Effective Date and the Second Closing Date of the representations and warranties of the Company and Subscriber contained in this Agreement, (ii) continued compliance with the covenants of the Company set forth in this Agreement, (iii) the non-occurrence of any Event of Default (as defined in the Note) or other default by the Company of its obligations and undertakings contained in this Agreement, (iv) the delivery on the Second Closing Date of Second Closing Notes for which the Company Shares issuable upon conversion have been included in the Registration Statement, which must be effective as of the Second Closing Date, and (v) the delivery of the Second Closing Warrants for which the Warrant Shares issuable upon exercise have been included in the Registration Statement which must be effective as of the Second Closing Date. The exercise prices of the Warrants issuable on the Second Closing Date shall be adjusted to offset the effect of stock splits, stock dividends, pro rata distributions of property or equity interests to the Company's shareholders after the Initial Closing Date.
Conditions to the Transaction 7.1 Conditions to Obligations of Each Party to Effect the Transaction. The respective obligations of each party to this Agreement to effect the Transaction shall be subject to the satisfaction at or prior to the Closing Date of the following conditions:
Conditions to The Buyer’s Obligation to Purchase The obligation of the Buyer hereunder to purchase the Note at the Closing is subject to the satisfaction, at or before the Closing Date of each of the following conditions, provided that these conditions are for the Buyer’s sole benefit and may be waived by the Buyer at any time in its sole discretion:
CONDITIONS TO THE MERGER 6.1 Conditions to Obligations of Each Party to Effect the Merger. The respective obligations of each party to this Agreement to effect the Merger shall be subject to the satisfaction at or prior to the Closing Date of the following conditions:
Actions to Satisfy Closing Conditions Each Party shall take all actions as are within its power and otherwise use its commercially reasonable efforts so as to ensure compliance with the conditions set forth in this Section 6.
CONDITIONS TO THE MERGERS 36 Termination of the Mergers and the Merger Agreement..................... 37
Conditions to the Initial Loans No Lender shall be obligated to make any Loan or incur any Letter of Credit Obligations on the Closing Date, or to take, fulfill, or perform any other action hereunder, until the following conditions have been satisfied or provided for in a manner satisfactory to Agent, or waived in writing by Agent and Lenders:
Conditions to the Buyer’s Obligations The obligations of the Buyer to consummate the transactions contemplated hereunder on the Closing Date are subject to the satisfaction or waiver, at or prior to the Closing Date, of each of the following conditions precedent: