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

Conditions to the Obligations of the Underwriters. The obligations of the Underwriters hereunder shall be subject, in their discretion, to the condition that all representations and warranties of the Company and each Guarantor herein are true and correct at and as of the date hereof and the Closing Date, the condition that the Company and each 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 Underwriters. The obligations of the Underwriters hereunder shall be subject, in their discretion, to the condition that all representations and warranties and other statements of the Company Issuers and each Guarantor the Guarantors herein are true and correct are, at and as of the date hereof and the Closing DateTime of Delivery, true and correct, the condition that the Company Issuers and each Guarantor the 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 Underwriters. The obligations of the several Underwriters hereunder shall be subject, in their discretion, subject to the condition that all accuracy, when made and on and as of the Closing Date, of the representations and warranties of the Company and each Notes Guarantor herein are true and correct at and as of contained herein, to the date hereof and the Closing Date, the condition that performance by the Company and each Notes Guarantor shall have performed all of their respective obligations hereunder theretofore to be performedhereunder, and to each of the following additional conditions:

Conditions to the Obligations of the Underwriters. The obligations of the Underwriters hereunder shall be subject, in their discretion, to the condition that all representations and warranties and other statements of the Company and each Notes Guarantor herein are true and correct are, at and as of the date hereof and the Closing Date, true and correct, the condition that the Company and 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 Underwriters. The obligations of the Underwriters hereunder shall be subject, in their discretion, to the condition that all representations and warranties and other statements of the Company and each Guarantor herein are true and correct are, at and as of the date hereof Time of Delivery, true and the Closing Datecorrect, the condition that the Company and each Guarantor 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 Underwriters. The obligations of the Underwriters hereunder shall be subject, in their discretion, to the condition that all representations and warranties of the Company and each Guarantor the Selling Stockholders herein are true and correct at and as of the date hereof and the Closing Date, Time the condition that the Company and each Guarantor 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 Underwriters. The obligations of the Underwriters hereunder shall be subject, in their discretion, subject to the condition that all accuracy of the representations and warranties on the part of the Company and each Guarantor contained herein are true and correct at and as of the date hereof and Execution Time, the Closing Date, the condition that Option Closing Date, if any, and any settlement date pursuant to Section 3 hereof, the accuracy of the statements of the Company and each Guarantor shall have performed all made in any certificates pursuant to the provisions hereof, the performance by the Company of their respective its obligations hereunder theretofore to be performed, and the following additional conditions:

Conditions to the Obligations of the Underwriters. The obligations of the Underwriters hereunder shall be subject, in their discretion, to the condition that all representations and warranties of the Company Issuers and each Guarantor herein the Operating Partnership are true and correct at and as of the date hereof and the Closing Date, the condition that the Company and each Guarantor Issuers shall have performed all of their respective obligations hereunder theretofore to be performed, and the following additional conditions:

Conditions to the Obligations of the Underwriters. The obligations of the Underwriters hereunder shall be subject, in their discretion, to the condition that all representations and warranties of the Company Issuers and each Guarantor herein are true and correct at and as of the date hereof and the Closing Date, the condition that the Company Issuers and each 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 Underwriters. The obligations of the Underwriters hereunder shall be subject, in their discretion, to the condition that all representations and warranties and other statements of the Company and each Guarantor herein are true and correct are, at and as of the date hereof time of delivery of the Securities, true and the Closing Datecorrect, the condition that the Company and each Guarantor 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 Underwriters. The obligations of the Underwriters hereunder shall be subject, in their discretion, to the condition that all representations and warranties of the Company and each Guarantor Guarantor, respectively, herein are true and correct at and as of the date hereof and the Closing Date, the condition that the Company and each 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 Underwriters. The obligations of the Underwriters hereunder shall be subject, in their discretion, to the condition that all representations and warranties of the Company and each Guarantor herein are true and correct at and as of the date hereof and the Closing Date, the condition that the Company and each Guarantor 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 Underwriters. The obligations of the Underwriters hereunder hereunder, as to the Shares to be delivered at each Delivery Date, shall be subject, in their its discretion, to the condition that all representations and warranties and other statements of the Company and each Guarantor herein are true and correct are, at and as of the date hereof and the Closing each Delivery Date, true and correct and the condition that the Company and each Guarantor shall have performed all of their respective its obligations hereunder theretofore theretofor to be performed, and the following additional conditions, unless any such condition is waived in writing by the Underwriters:

Conditions to the Obligations of the Underwriters. The obligations of the Underwriters hereunder shall be subject, in their discretion, to the condition that all representations and warranties of the Company and each Guarantor herein are true and correct at and as of the date hereof and the Closing Date, the condition that the Company and each 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 Underwriters. The obligations of the Underwriters hereunder shall be subject, in their discretion, to the condition that all representations and warranties and other statements of the Company and each Guarantor the Selling Stockholders herein are true and correct are, at and as of the date hereof and the Closing DateTime of Delivery, true and correct, the condition that the Company and each Guarantor the Selling 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 Underwriters. The obligations of the Underwriters hereunder hereunder, as to the Notes to be delivered at each Delivery Date, shall be subject, in their discretion, to the condition that all representations and warranties and other statements of the Company and each Guarantor herein are true and correct are, at and as of the date hereof and the Closing each Delivery Date, true and correct and the condition that the Company and each Guarantor 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 Representatives:

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

Conditions to the Obligations of the Underwriters. The obligations of the Underwriters hereunder shall be subject, in their discretion, subject to the condition that all representations and warranties of the Company each Issuer and each Guarantor herein set forth in Section 1 are true and correct at and as of the date hereof and the Closing Date, the condition that the Company each Issuer and each 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 Underwriters. The obligations of the Underwriters hereunder shall be subject, in their discretion, subject to the condition that all representations and warranties of the Company and each Guarantor herein are true and correct at and as of the date hereof and the Closing Date, the condition that the Company and each Guarantor shall have performed all of their respective obligations in all material respects hereunder theretofore to be performed, and the following additional conditions:

Conditions to the Obligations of the Underwriters. The obligations of the Underwriters hereunder shall be subject, in their discretion, to the condition that all representations and warranties and other statements of the Company and each Guarantor herein are true and correct are, at and as of the date hereof and the Closing Date, true and correct, the condition that the Company and each 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 Underwriters. The obligations of the Underwriters hereunder shall be subject, in their discretion, to the condition that all representations each representation and warranties warranty of the Company and each the Guarantor herein are is true and correct at and as of the date hereof and the Closing Date, the condition that the Company and each 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 Underwriters. The obligations of the Underwriters hereunder hereunder, as to the Notes to be delivered at each Delivery Date, shall be subject, in their discretion, to the condition that all representations and warranties and other statements of the Company and each Guarantor herein are true and correct are, at and as of the date hereof and the Closing each Delivery Date, true and correct and the condition that the Company and each Guarantor 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 Representative:

Conditions to the Obligations of the Underwriters. The obligations of the Underwriters hereunder under this Agreement shall be subject, in their discretionthe discretion of the Representative, to the condition that all representations and warranties and other statements of the Company and each Guarantor herein are true and correct in this Agreement are, at and as of the date hereof Applicable Time and the Closing DateTime, true and correct, to the condition that the Company and each Guarantor 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 Underwriters. The obligations of the Underwriters hereunder hereunder, as to the Shares to be delivered at each Time of Delivery, shall be subject, in their discretion, to the condition that all representations and warranties and other statements of the Company and each Guarantor herein are true and correct are, at and as of the date hereof such Time of Delivery, true and the Closing Datecorrect, the condition that the Company and shall each Guarantor 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 Underwriters. The obligations of the several Underwriters hereunder under this Agreement shall be subject, in their discretion, subject to the condition that all representations and warranties of the Company and each Guarantor herein are true and correct contained in this Agreement are, at and as of the date hereof and the each Closing Date, true and correct, the condition that the Company and each Guarantor shall have performed all of their respective its obligations hereunder theretofore on or prior to be performed, each Closing Date and the following additional conditions:

Conditions to the Obligations of the Underwriters. The obligations of the Underwriters hereunder shall be subject, in their discretion, to the condition that all representations and warranties of the Company and each DaVita Guarantor herein are true and correct at and as of the date hereof and the Closing Date, the condition that the Company and each DaVita 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 Underwriters. The obligations of the Underwriters hereunder hereunder, as to the Units to be delivered at each Time of Delivery, shall be subject, in their discretion, to the condition that all representations and warranties and other statements of the Company and each Guarantor herein are true and correct are, at and as of the date hereof Applicable Time and the Closing Datesuch Time of Delivery, true and correct, the condition that the Company and each Guarantor 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 Underwriters. The obligations of the Underwriters hereunder shall be subject, in their discretion, to the condition that all representations and warranties and other statements of the Company and each Notes Guarantor herein are true and correct are, at and as of the date hereof and the Closing Date, true and correct, the condition that the Company and 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 Underwriters. The obligations of the Underwriters hereunder shall be subject, in their discretion, to the condition that all representations and warranties of the Company and each Guarantor herein are true and correct at and as of the date hereof and the Closing Date, Time the condition that the Company and each Guarantor 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 Underwriters. The obligations of the Underwriters hereunder Underwriter hereunder, as to the Notes to be delivered at each Delivery Date, shall be subject, in their its discretion, to the condition that all representations and warranties and other statements of the Company and each Guarantor herein are true and correct are, at and as of the date hereof and the Closing each Delivery Date, true and correct and the condition that the Company and each Guarantor 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 Representatives: