Common use of Conditions to the Company’s Obligation to Close Clause in Contracts

Conditions to the Company’s Obligation to Close. The obligation of the Company to sell any Shares to the Purchaser under this Agreement is subject to fulfillment, or the waiver in writing by the Company, of the following conditions on or before the applicable Closing:

Appears in 3 contracts

Samples: Securities Purchase Agreement (Biomarin Pharmaceutical Inc), Securities Purchase Agreement (La Jolla Pharmaceutical Co), Securities Purchase Agreement (Biomarin Pharmaceutical Inc)

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Conditions to the Company’s Obligation to Close. The obligation of the Company to issue and sell any Shares the Notes to each respective Buyer at the Purchaser under this Agreement Closing is subject to fulfillmentthe satisfaction, at or before the waiver in writing by the CompanyClosing Date, of each of the following conditions, provided that these conditions on or before are for the applicable ClosingCompany’s sole benefit and may be waived by the Company at any time in its sole discretion by providing such Buyer with prior written notice thereof:

Appears in 3 contracts

Samples: Securities Purchase Agreement (Jameson Inns Inc), Securities Purchase Agreement (Electroglas Inc), Securities Purchase Agreement (Quixote Corp)

Conditions to the Company’s Obligation to Close. The obligation obligations of the Company to sell any Shares to the Purchaser under Assets and otherwise consummate the transactions contemplated by this Agreement at the Closing is subject to fulfillment, or the waiver in writing by the Company, of the following conditions on precedent, any or before all of which may be waived by the applicable Company in its sole discretion and each of which the Purchaser hereby agrees to use its best efforts to satisfy at or prior to the Closing:

Appears in 2 contracts

Samples: Agreement of Purchase and Sale (U S Wireless Data Inc), Agreement of Purchase and Sale (TNS Inc)

Conditions to the Company’s Obligation to Close. The obligation obligations of the Company to sell any Shares to the Purchaser under Assets and otherwise consummate the transactions contemplated by this Agreement at the Closing is subject to fulfillment, or the waiver in writing by the Company, of the following conditions on precedent, any or before all of which may be waived by the applicable Company in its sole discretion and each of which the Purchaser hereby agrees to use its commercially reasonable efforts to satisfy at or prior to the Closing:

Appears in 2 contracts

Samples: Agreement of Purchase and Sale (U S Wireless Data Inc), Agreement of Purchase and Sale (TNS Inc)

Conditions to the Company’s Obligation to Close. The obligation of the Company to sell any the Shares to offered hereunder are conditioned on the Purchaser under this Agreement is subject to fulfillment, fulfillment or the waiver in writing by the Company, of the following conditions on or before the applicable Closingfollowing:

Appears in 2 contracts

Samples: Securities Purchase Agreement (Nucleus Inc), Securities Purchase Agreement (Nucleus Inc)

Conditions to the Company’s Obligation to Close. The obligation of the Company hereunder to sell any Shares consummate the transactions contemplated by this Agreement are subject to the Purchaser satisfaction (or, to the extent permissible under this Agreement is subject to fulfillmentapplicable law, or the waiver in writing by the Company, ) of each of the following conditions on or before the applicable Closingconditions:

Appears in 1 contract

Samples: Note Repurchase Agreement (Groupon, Inc.)

Conditions to the Company’s Obligation to Close. The Company’s obligations under this Agreement, including the Company’s obligation of to issue the Company to sell any Shares to at the Purchaser under this Agreement Closing, is subject to fulfillment, or the waiver in writing by fulfillment to the Company, ’s satisfaction on or prior to the Closing Date of the following conditions on or before conditions, any of which may be waived by the applicable ClosingCompany in writing in its sole discretion:

Appears in 1 contract

Samples: Share Exchange Agreement (Vyyo Inc)

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Conditions to the Company’s Obligation to Close. The obligation of the Company to sell any Shares the Assets and the obligation of the Company otherwise to consummate the Purchaser under transactions contemplated by this Agreement is at the Closing are subject to fulfillment, or the waiver in writing by the Company, of the following conditions on precedent, any or before all of which may be waived by the applicable Company in writing in its sole discretion, and each of which the Purchaser hereby agrees to use its best efforts to satisfy at or prior to the Closing:

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Cultural Access Worldwide Inc)

Conditions to the Company’s Obligation to Close. The Company’s obligation of the Company to sell any Shares to and issue the Purchaser under this Agreement Notes at a Closing is subject to fulfillment, or the waiver in writing by the Company, of the following conditions fulfillment on or before the applicable Closing:Closing of the following conditions, unless waived by the Company.

Appears in 1 contract

Samples: Note Purchase Agreement (Active Network Inc)

Conditions to the Company’s Obligation to Close. The obligation of the Company hereunder to issue and sell any the Preferred Shares to the Purchaser under this Agreement at the Closing is subject to fulfillmentthe satisfaction, at or before the waiver in writing by the CompanyClosing Date, of each of the following conditions on or before thereto, provided that these conditions are for the applicable ClosingCompany’s sole benefit and may be waived by the Company at any time in its sole discretion:

Appears in 1 contract

Samples: Securities Exchange Agreement (Cardiff Lexington Corp)

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