Conditions to the Obligation of Buyer to Close. Buyer’s obligation to consummate the Contemplated Transactions is subject to the satisfaction, or waiver by Buyer, at or prior to the Closing, of each of the following conditions:
Conditions to the Obligation of Buyer to Close. The obligation of the Buyer to purchase the Assets and perform any obligations hereunder shall be subject to the satisfaction or waiver by the Buyer, of the following conditions on or before the Closing Date.
Conditions to the Obligation of Buyer to Close. The obligations of Buyer at the Closing to purchase the APC Shares, to issue the Buyer Common Shares and the Subordinated Debentures, to pay the Cash Consideration and to execute and deliver the Closing Agreements to which it is party are subject to the satisfaction, at or prior to the Closing, of each of the following conditions, compliance with which, or the occurrence of which, may be waived prior to the Closing in writing by Buyer in its sole discretion:
Conditions to the Obligation of Buyer to Close. The obligations of Buyer hereunder are subject to the satisfaction or waiver by Buyer of the following conditions. Should any condition set forth in this Article 3 not be fulfilled or waived on the Closing Date to the satisfaction of Buyer, Buyer shall, at its option, be entitled to terminate this Agreement by giving written notice of such termination to Seller. In the event this Agreement is so terminated by Buyer, (a) no party hereto shall have any further rights or obligations hereunder with respect to the Properties (except (i) for those rights and obligations that expressly survive termination of this Agreement as herein provided, including, without limitation, Seller’s obligations pursuant to Section 2.6 above, and (ii) that the foregoing shall not affect the rights or remedies of a party at law or in equity by reason of a breach or default by the other party hereunder); and (b) Title Insurer shall return all documents and instruments to the party that delivered them to Title Insurer.
Conditions to the Obligation of Buyer to Close. The obligations of Buyer hereunder are subject to the satisfaction or waiver by Buyer of the conditions set forth below. Should any condition set forth in this Article III not be fulfilled or waived on the Closing Date to the satisfaction of Buyer, Buyer may, at its option, without waiving any rights provided in this Agreement, terminate this Agreement by delivering notice of such termination to Seller prior to Closing, and thereafter be relieved of all obligations hereunder. If Buyer fails to terminate this Agreement prior to Closing, all conditions set forth in this Article III will be deemed to have been satisfied or waived by Buyer; provided, however, that in no event shall any such deemed satisfaction or waiver be deemed to limit or release Seller, Lessee or Guarantor from any damages or liabilities resulting from a breach of any express representations, warranties or covenants of Seller, Lessee or Guarantor hereunder or under the other Transaction Documents.
Conditions to the Obligation of Buyer to Close. The obligations of Buyer hereunder are subject to the satisfaction or waiver by Buyer of the following conditions. Should any condition set forth in this Article 3 not be fulfilled or waived on the Closing Date to the satisfaction of Buyer, Buyer shall, at its option, without waiving any rights provided in this Agreement, be relieved of all obligations hereunder, except for Buyer's obligations with respect to the Allocated Expense Deposit as provided in Section 2.6 above.
Conditions to the Obligation of Buyer to Close. The obligation of Buyer to purchase the TMS Assets at the Closing and perform any obligations hereunder shall be subject to the satisfaction or waiver by Buyer, of the following conditions on or before the Closing Date.
Conditions to the Obligation of Buyer to Close. The obligation of Buyer to effect the actions contemplated hereby shall be further subject to the following condition, which may be waived by Buyer: the representations and warranties contained in Sections 6(a-c) of this Amendment shall be true and correct as of the final date of the Term as though such representations and warranties had been made on and as of the final date of the Term.
Conditions to the Obligation of Buyer to Close. The obligation of Buyer to consummate the Closing under this Agreement is conditioned upon the fulfillment by and as of the Closing Date of each of the conditions listed below (the failure of which, shall entitle Buyer to terminate this Agreement and receive an immediate refund of the Deposit and/or if such failure also constitutes a default by Seller, to, exercise any remedies permitted under Section 5.1 hereof), provided that Buyer, at its election, may waive all or any of such conditions and if the Closing occurs Buyer shall be deemed to have waived all unsatisfied conditions (but without releasing Seller from any liability under its representations, warranties and covenants in this Agreement that survive the Closing):
Conditions to the Obligation of Buyer to Close. The obligation of Buyer to perform its obligations under this Agreement on the Closing Date shall be conditional upon the following conditions having been met or waived on or before the Closing Date:
