Conditions to the First Closing. (a) Conditions to Each Investor’s Obligations at the First Closing. Each Investor’s obligations to effect the First Closing, including, without limitation, its obligation to subscribe for Series B Preferred Stock at the First Closing, are conditioned upon the fulfillment (or waiver by such Investor in its sole and absolute discretion) of each of the following events as of the First Closing Date, and the Company shall use commercially reasonable efforts to cause each of such conditions to be satisfied:
Conditions to the First Closing. 4.1 Conditions to the Obligations of Each Party
Conditions to the First Closing. In addition to the satisfaction (or waiver) of the conditions set forth in Section 6.2(a), the Company’s obligation to sell and issue the Notes and Warrants at the First Closing is subject to the delivery of the specified portion of the Purchase Price as set forth on Schedule I by the Group A Investors to the Company.
Conditions to the First Closing. The obligation of the Lender to advance the funds pursuant to the terms of Section 2.2(a) of this Agreement and the Note at the First Closing is subject to the fulfillment, to the satisfaction of the Lender on or prior to the First Closing, of the following conditions:
Conditions to the First Closing. 32 Section 3.1. Conditions to Each Party's Obligations................... 32 Section 3.2. Conditions to the Buyers' Obligations.................... 33 Section 3.3. Conditions to the Company's Obligations.................. 35 ARTICLE IV CONDITIONS TO AN ADDITIONAL PREFERENCE STOCK CLOSING, SUPPLEMENTAL PREFERENCE STOCK CLOSING AND DEFERRED COMMON STOCK CLOSING................................. 35 Section 4.1. Condition to Each Party's Obligations.................... 35 Section 4.2. Conditions to the Buyers' Obligations.................... 36 Section 4.3. Conditions to the Company's Obligations.................. 37 Section 4.4. Effect of Certain Breaches............................... 38 ARTICLE V CONDITIONS TO THE OPTIONAL SHARES CLOSING....................... 38 Section 5.1. Condition to Each Party's Obligations.................... 38 Section 5.2. Conditions to the Buyers' Obligations.................... 38 Section 5.3. Conditions to the Company's Obligations.................. 40 Section 5.4. Effect of Certain Breaches............................... 41 ARTICLE VI
Conditions to the First Closing. The obligation of Purchaser hereunder to purchase the Convertible Securities and Warrants to be purchased by it on the date of the First Closing is subject to the satisfaction of each of the following conditions (including conditions to be performed at the First Closing), provided that these conditions are for Purchaser's sole benefit and may be waived by Purchaser (with respect to it) at any time in Purchaser's sole discretion:
Conditions to the First Closing a. Conditions to the Company's Obligation to Sell the Series E Preferred Shares. The obligation of the Company hereunder to issue and sell the Series E Preferred Shares and the Warrants to be issued in connection therewith to each Buyer at the First Closing is subject to the satisfaction, at or before the Closing Date of each of the following conditions thereto, provided that these conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion:
Conditions to the First Closing. On or before the First Closing Date, the Parties shall proceed with the First Closing, subject to the following conditions:
Conditions to the First Closing. Each Initial Investor’s obligation to purchase the Shares set forth opposite such Initial Investor’s name on the First Closing Schedule of Investors at the First Closing is subject to the fulfillment on or before the First Closing Date of each of the conditions set forth below, unless waived in writing by the applicable Initial Investor.
Conditions to the First Closing. The obligation of each Investor to subscribe for the ABSA Shares 1 created by the First Capital Increase is subject to the following conditions being satisfied (or waived by such Investor):
