Common use of Conditions to the Obligations of the Underwriter Clause in Contracts

Conditions to the Obligations of the Underwriter. The obligations of the Underwriter hereunder shall be subject, in its discretion, to the condition that all representations and warranties of the Company and the Selling Stockholders herein are true and correct at and as of the date hereof and the Closing Time the condition that the Company and the Selling Stockholders, respectively, shall have performed all of their respective obligations hereunder theretofore to be performed, and the following additional conditions:

Conditions to the Obligations of the Underwriter. The obligations of the Underwriter hereunder shall be subject, in its discretion, to the condition that all representations and warranties and other statements of the Company and the Selling Stockholders herein are true and correct are, at and as of the date hereof and the Closing Time of Delivery, true and correct, the condition that the Company and the Selling Stockholders, respectively, Stockholders shall have performed all of their respective obligations hereunder theretofore to be performed, and the following additional conditions:

Conditions to the Obligations of the Underwriter. The obligations of the Underwriter hereunder hereunder, as to the Securities to be delivered at each Delivery Date, shall be subject, in its discretion, to the condition that all representations and warranties and other statements of the Company and the Selling Stockholders herein are true and correct are, at and as of the date hereof and the Closing Time each Delivery Date, true and correct and the condition that the Company and the Selling Stockholders, respectively, shall have performed all of their respective its obligations hereunder theretofore theretofor to be performed, and the following additional conditions:

Conditions to the Obligations of the Underwriter. The obligations of the Underwriter hereunder hereunder, as to the Notes to be delivered at the Delivery Date, shall be subject, in its discretion, to the condition that all representations and warranties and other statements of the Company and the Selling Stockholders herein are true and correct are, at and as of the date hereof and the Closing Time Delivery Date, true and correct and the condition that the Company and the Selling Stockholders, respectively, shall have performed all of their respective its obligations hereunder theretofore to be performed, and the following additional conditions, unless any such condition is waived in writing by the Underwriter:

Conditions to the Obligations of the Underwriter. The obligations of the Underwriter hereunder shall be subject, in its their discretion, to the condition that all representations and warranties and other statements of the Company and the Selling Stockholders each Notes Guarantor herein are true and correct are, at and as of the date hereof Closing Date, true and the Closing Time correct, the condition that the Company and the Selling Stockholders, respectively, each Notes Guarantor shall have performed all of their respective obligations hereunder theretofore to be performed, and the following additional conditions:

Conditions to the Obligations of the Underwriter. The obligations of the Underwriter hereunder under this Agreement shall be subject, in its discretion, subject to the condition that all accuracy of the representations and warranties on the part of the Company and the Selling Stockholders set forth herein are true and correct at and as of the date hereof hereof, as of the First Closing Date, and if applicable, as of the Second Closing Time Date, as the condition that case may be, to the accuracy of the statements of the Company's directors and officers made pursuant to the provisions hereof, to the performance by the Company and the Selling Stockholders, respectively, shall have performed all of their respective its obligations hereunder theretofore to be performedhereunder, and to the following additional conditions, except to the extent expressly waived in writing by the Underwriter:

Conditions to the Obligations of the Underwriter. The obligations of the Underwriter hereunder under this Agreement shall be subject, in its discretion, subject to the condition that all accuracy of the representations and warranties on the part of the Company and the Selling Stockholders herein are true and correct at and set forth as of the date hereof and as of the Closing Time Date, to the condition that accuracy of the statements of the officers or authorized persons of the Company and the Selling StockholdersStockholders made pursuant to the provisions hereof, respectively, shall have performed all to the performance by the Company and the Selling Stockholders of their respective obligations hereunder theretofore to be performedhereunder, and to the following additional conditions, unless waived in writing by the Underwriter:

Conditions to the Obligations of the Underwriter. The obligations of the Underwriter hereunder shall be subject, in its discretionthe discretion of the Underwriter, to the condition that all representations and warranties and other statements of the Company and the Selling Stockholders herein are true and correct in this Agreement are, at and as of the date hereof Closing Date, true and the Closing Time correct in all material respects (except where such representations and warranties and other statements are qualified by materiality, in which case such representations and warranties and other statements shall be true and correct in all respects), the condition that the Company and the Selling Stockholders, respectively, shall have performed all of their respective its obligations hereunder theretofore to be performed, and the following additional conditions:

Conditions to the Obligations of the Underwriter. The obligations of the Underwriter hereunder shall be subject, in its discretion, to the condition that all representations and warranties and other statements of the Company Issuers and the Selling Stockholders Guarantors herein are true and correct are, at and as of the date hereof and the Closing Time of Delivery, true and correct, the condition that the Company Issuers and the Selling Stockholders, respectively, Guarantors shall have performed all of their respective obligations hereunder theretofore to be performed, and the following additional conditions:

Conditions to the Obligations of the Underwriter. The obligations of the Underwriter hereunder hereunder, as to the Shares to be delivered at each Delivery Date, shall be subject, in its discretion, to the condition that all representations and warranties and other statements of the Company and the Selling Stockholders herein are true and correct are, at and as of the date hereof and the Closing Time each Delivery Date, true and correct and the condition that the Company and the Selling Stockholders, respectively, shall have performed all of their respective its obligations hereunder theretofore theretofor to be performed, and the following additional conditions: