Conditions to Third Closing. The occurrence of the Third Closing is expressly contingent on (i) the truth and accuracy on the Third Closing Date of the representations and warranties of the Company and Subscriber contained in this Agreement, (ii) continued compliance with the covenants of the Company set forth in this Agreement, (iii) the non-occurrence of any Event of Default (as defined in the Note) or other default by the Company of its obligations and undertakings contained in this Agreement, and (iv) the delivery on the Third Closing Date of Third Closing Notes.
Conditions to Third Closing. The obligations of the Investor relating to the Third Closing shall be subject to (a) the Company’s election to receive, and the Investor’s election to pay, the Third Investment Amount, and (b) no Bankruptcy Event with respect to any member of the Company Group or no Special Termination Event, Change of Control, Default or Event of Default having occurred or be continuing (and the Investor Representative’s receipt of the certification from a Responsible Officer to that effect).”
Conditions to Third Closing. The obligations of DKR and Xxxxxx to consummate the Third Closing are subject to the satisfaction, at or before the Third Closing Date, of each of the following conditions, provided that these conditions are for benefit of DKR and Xxxxxx alone and may be waived by DKR and Xxxxxx at any time in their sole discretion by providing the Company and Parent with prior written notice thereof:
Conditions to Third Closing. 3.1 The obligations of the Lenders under Section 2 are subject to the fulfillment on or before each installment of the Third Loan Amount , of each of the following conditions:
Conditions to Third Closing. The occurrence of the Third Closing --------------------------- is expressly contingent on (i) the truth and accuracy, on the Effective Date, Actual Effective Date and the Third Closing Date of the representations and warranties of the Company and Purchaser contained in this Agreement, (ii) continued compliance with the covenants of the Company set forth in this Agreement, (iii) the non-occurrence of any Redemption Event (as defined in the Preferred Stock) or other default by the Company of its obligations and undertakings contained in this Agreement, and (iv) the delivery on the Third Closing Date of Third Closing Preferred Stock for which the Common Stock issuable upon conversion has been included in the Registration Statement, which must be effective as of the Third Closing Date.
Conditions to Third Closing. The occurrence of the Third Closing is expressly contingent on (i) the truth and accuracy, on the Third Closing Date of the representations and warranties of the Company and Subscriber contained in this Agreement except for changes that do not constitute a Material Adverse Effect (as defined in Section 5(a)), (ii) continued compliance with the covenants of the Company set forth in this Agreement, and (iii) the non-occurrence of any Event of Default (as defined in the Note and this Agreement) or an event that with the passage of time or the giving of notice could become an Event of Default.
Conditions to Third Closing. The Company shall have completed the purchase of one or more real estate projects with a combined appraisal value of at least Two Million Dollars ($2,000,000) and the Company shall have given the Buyer mortgages for the same. In addition, with regard to the Third Closing, the Company represents and covenants the following:
Conditions to Third Closing. 1. [***] 2. [***] SCHEDULE 1.3 SPECIAL TERMINATION AMOUNT [***] SCH. 1.3 SCHEDULE 1.4 EXPENSES [***]
Conditions to Third Closing
