Common use of Conditions to The Purchaser’s Obligation to Purchase Clause in Contracts

Conditions to The Purchaser’s Obligation to Purchase. The obligation of the Purchaser hereunder to purchase the Notes and Warrants at the Closing is subject to the satisfaction, at or before the Closing Date of each of the following conditions, provided that these conditions are for such Purchaser’s sole benefit and may be waived by such Purchaser at any time in its sole discretion: (a) to the Purchaser duly executed Notes (in such denominations as the Purchaser shall request) and Warrants in accordance with Section 1(a) above. (b) The representations and warranties of the Company shall be true and correct in all material respects, and the Company shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to the Closing Date. (c) No litigation, statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by or in any court or governmental authority of competent jurisdiction or any self-regulatory organization having authority over the matters contemplated hereby which prohibits the consummation of any of the transactions contemplated by this Agreement.

Conditions to The Purchaser’s Obligation to Purchase. The obligation of the Purchaser Purchasers hereunder to purchase the Notes and Warrants at Notes, on the Closing Date, is subject to the satisfaction, at or before the Closing Date Date, of each of the following conditions, provided that these conditions are for such Purchaser’s the Purchasers’ sole benefit and may be waived by such Purchaser the Purchasers at any time in its sole discretion: (a) The Company shall have executed this Agreement and delivered the same to the Purchaser. (b) The Company shall have delivered to the Purchaser the duly executed Notes (in such denominations as the Purchaser Purchasers shall request) request and Warrants in accordance with Section 1(a) above1.2. (bc) The representations and warranties of the Company shall be true and correct in all material respectsrespects as of the date when made and as of each Closing Date, as though made at such time (except for representations and warranties that speak as of a specific date) and the Company shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to the each Closing Date. (cd) No litigation, statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by or in any court or governmental authority of competent jurisdiction or any self-regulatory organization having authority over the matters contemplated hereby which prohibits the consummation of any of the transactions contemplated by this Agreement.

Conditions to The Purchaser’s Obligation to Purchase. The obligation of the Purchaser hereunder to purchase the Notes Note and Warrants Warrant at the Closing is subject to the satisfaction, at or before the Closing Date of each of the following conditions, provided that these conditions are for such Purchaser’s sole benefit and may be waived by such Purchaser at any time in its sole discretion: (a) to the Purchaser a duly executed Notes Note (in such denominations as the Purchaser shall request) and Warrants Warrant in accordance with Section 1(a) above. (b) The representations and warranties of the Company shall be true and correct in all material respects, and the Company shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to the Closing Date. (c) No litigation, statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by or in any court or governmental authority of competent jurisdiction or any self-regulatory organization having authority over the matters contemplated hereby which prohibits the consummation of any of the transactions contemplated by this Agreement.

Conditions to The Purchaser’s Obligation to Purchase. The obligation of the Purchaser hereunder to purchase the Notes and Warrants at the Closing is subject to the satisfaction, at or before the Closing Date of each of the following conditions, provided that these conditions are for such Purchaser’s sole benefit and may be waived by such Purchaser at any time in its sole discretion: (a) to the such Purchaser duly executed Notes (in such denominations as the Purchaser shall request) and Warrants in accordance with Section 1(a1(b) above. (b) The representations and warranties of the Company shall be true and correct in all material respects, and the Company shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to the Closing Date. (c) No litigation, statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by or in any court or governmental authority of competent jurisdiction or any self-regulatory organization having authority over the matters contemplated hereby which prohibits the consummation of any of the transactions contemplated by this Agreement.

Conditions to The Purchaser’s Obligation to Purchase. The obligation of the Purchaser hereunder to purchase the Notes and Warrants Note at the Closing is subject to the satisfaction, at or before the Closing Date of each of the following conditions, provided that these conditions are for such the Purchaser’s sole benefit and may be waived by such the Purchaser at any time in its sole discretion: (a) a. The Borrower shall have executed this Agreement and delivered the same to the Purchaser. b. The Borrower shall have delivered to the Purchaser the duly executed Notes Note (in such denominations as the Purchaser shall request) and Warrants in accordance with Section 1(a1(b) above. (b) c. The representations and warranties of the Company Borrower shall be true and correct in all material respects, respects as of the Closing Date (except for representations and warranties that speak as of a specific date) and the Company Borrower shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company Borrower at or prior to the Closing Date. (c) d. No litigation, statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by or in any court or governmental authority of competent jurisdiction or any self-regulatory organization having authority over the matters contemplated hereby which prohibits the consummation of any of the transactions contemplated by this Agreement.

Conditions to The Purchaser’s Obligation to Purchase. The obligation obligations of the Purchaser hereunder to purchase the Notes Series C Preferred Stock and the Warrants at the Closing is subject to the satisfaction, at or before the Closing Date Date, of each of the following conditions, provided that these conditions are for such the Purchaser’s 's sole benefit and may be waived by such the Purchaser at any time in its sole discretiondiscretion by providing the Company with prior written notice thereof: (ai) The Company shall have executed each of this Agreement and the Registration Rights Agreement, and delivered the same to the Purchaser duly executed Notes (in such denominations as the Purchaser shall request) and Warrants in accordance with Section 1(a) abovePurchaser. (bii) The representations and warranties Certificate of Designations shall have been filed with the Secretary of State of the Company shall be true and correct in all material respectsState of Delaware, and a copy of the Company Certificate of Designations that has been certified by such Secretary of State shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior been delivered to the Closing DatePurchaser. (ciii) No litigation, statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by or in any court or governmental authority of competent jurisdiction or any self-regulatory organization having authority over the matters contemplated hereby which prohibits the consummation of any of the transactions contemplated by this Agreement or the Registration Rights Agreement.

Conditions to The Purchaser’s Obligation to Purchase. The obligation obligations of the Purchaser hereunder to purchase the Notes and Warrants at the Closing is are subject to the satisfaction, at on or before the Closing Date Closing, unless otherwise specified, of each of the following conditions, provided that these conditions are for such Purchaser’s the sole benefit of the Purchaser and may be waived by such the Purchaser at any time in its sole discretion: (a) to the Purchaser duly : The Company shall have executed Notes (in such denominations as the Purchaser shall request) and Warrants in accordance with Section 1(a) above. (b) this Agreement. The representations and warranties of the Company shall be true and correct in all material respects, respects as of the Closing (except for representations and the warranties that speak as of a specific date). The Company shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to the Closing Date. (c) Closing. The Purchaser may require a certificate, executed by the Chief Executive Officer of the Company, dated as of the Closing, to the foregoing effect and as to such other matters as may be reasonably requested by the Purchaser. No litigation, statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by or in any court or governmental authority of competent jurisdiction or any self-self regulatory organization having authority over the matters contemplated hereby which restricts or prohibits the consummation of any of the transactions contemplated by this Agreementherein. All consents, approval, authorizations and orders required to be obtained and all registrations, filings and notices required to be made with or given to any regulatory authority or person as provided herein shall have been made.