Conditions to the Obligations of the Placement Agent. The obligation of the Placement Agent hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 as of the date hereof and as of the Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder on and as of such dates, and to the satisfaction or, where legally permissible, the waiver, of each of the following additional conditions:
Conditions to the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder shall be subject, in its discretion, to the condition that all representations and warranties and other statements of the Fund herein are, at and as of the time of effectiveness of the Registration Statement, true and correct in all material respects, to the condition that the Fund shall have performed in all material respects all of its obligations hereunder theretofore to be performed, and to the following additional conditions:
Conditions to the Obligations of the Placement Agent. The Placement Agent’s obligations to use its best efforts to procure subscription and payment for the Capital Securities and the Purchaser’s obligations on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Trust contained herein as of the date and time that this Agreement is executed (the “Execution Time”) and the Closing Date, to the accuracy of the statements of the Company and the Trust made in any certificates pursuant to the provisions hereof, to the performance by the Company and the Trust of their obligations hereunder and to the following additional conditions:
Conditions to the Obligations of the Placement Agent. The obligation of the Placement Agent hereunder at any time (the “Solicitation Time”) to solicit offers is subject to the accuracy, when made and as of the Solicitation Time, of the representations and warranties of the Company contained herein, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder, and to each of the following additional terms and conditions:
Conditions to the Obligations of the Placement Agent. The obligation of the Placement Agent to purchase and pay for the Certificates on the Closing Date shall be subject to the performance prior to or concurrently with the Closing by Xxxxxxx Mac and Centerline of each of its obligations to be performed under this Certificate Placement Agreement and the accuracy of the representations and warranties of each of Xxxxxxx Mac and Centerline contained herein as of the date hereof and as of the Closing Date (it being specifically understood that for purposes of satisfying this condition and the conditions in paragraph (b) of this Section,
Conditions to the Obligations of the Placement Agent. The ---------------------------------------------------- obligations of the Placement Agent to fulfill its obligations hereunder shall be subject to the satisfaction or waiver prior to the Closing of the following conditions:
Conditions to the Obligations of the Placement Agent. The obligations of the Placement Agent hereunder are subject to the following conditions:
