Conditions to Investor’s Obligation to Purchase. The obligation of Investor hereunder to purchase the Securities at the Closing is subject to the satisfaction, on or before the Closing Date, of each of the following conditions, provided that these conditions are for Investor’s sole benefit and may be waived by Investor at any time in its sole discretion:
Conditions to Investor’s Obligation to Purchase. The obligation of Investor to purchase the Common Shares 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 Investor's sole benefit and may be waived by Investor at any time in their sole discretion:
Conditions to Investor’s Obligation to Purchase. The obligations of the Investor to purchase the Units 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 the sole benefit of the Investor and may be waived by the Investor at any time in their sole discretion:
Conditions to Investor’s Obligation to Purchase. The ________________________________________________ obligation of Investor's hereunder to purchase the Preferred Shares and the Warrants at each of the First Closing and Second Closing is subject to the satisfaction, at or before each of the First Closing and Second Closing, of each of the following conditions, provided that these conditions are for Investor's sole benefit and may be waived by Investor at any time in its sole discretion:
Conditions to Investor’s Obligation to Purchase. Each Investor's obligation to purchase the Shares in accordance with the terms of this Agreement is conditioned upon:
Conditions to Investor’s Obligation to Purchase a. The obligation of Investor hereunder to purchase the First Closing Shares and the First Closing Warrant at the First Closing is subject to the satisfaction, at or before the First Closing Date of each of the following conditions, provided that these conditions are for such Investor’s sole benefit and may be waived by Investor at any time in its sole discretion:
Conditions to Investor’s Obligation to Purchase. The Company ----------------------------------------------- understands that the Investors' obligation to purchase the Preferred Stock, the New Common Shares and the Warrants is subject to the satisfaction (or written waiver) on the Closing Date, of each of the following conditions:
Conditions to Investor’s Obligation to Purchase. The Company understands that the Investors' obligation to purchase the Preferred Stock, and Warrant is subject to the satisfaction (or written waiver) on the Closing Date, of each of the following conditions: delivery by the Company of a copy of this Agreement and each Exhibit annexed hereto to which it is a party (substantially in the form annexed hereto), in each case executed by a duly authorized officer of the Company; all representations and warranties of the Company contained herein shall remain true and correct in all material respects as of the Closing Date; the Company shall have obtained all permits and qualifications required by any state for the offer and sale of the Preferred Stock and the Warrants, or shall have the availability of exemptions therefrom; the sale and issuance of the Preferred Stock, and the proposed issuance of the Additional Shares, Underlying Shares, Warrants and Warrant Shares shall be legally permitted by all laws and regulations to which the Investors and the Company are subject; and all duly executed Exhibits hereto for the sale of the Securities; delivery of the original Preferred Stock and Warrants as described herein;
Conditions to Investor’s Obligation to Purchase. Investor’s obligation to purchase the Notes in accordance with the terms of this Subscription Agreement is unconditional.
Conditions to Investor’s Obligation to Purchase. The obligation of Investor hereunder to purchase the Securities at the Closing is subject to the satisfaction, on or before the Closing Date, of each of the following conditions, provided that these conditions are for Investor’s sole benefit and may be waived by Investor at any time in its sole discretion: Borrower shall have executed this Agreement, the Note and the Warrant and delivered the same to Investor. Bxxxxxxx’s Chief Executive Officer shall have executed the Officer’s Certificate and delivered the same to Investor. Borrower shall have delivered to Investor a fully executed Irrevocable Instructions to Transfer Agent (the “TA Letter”) substantially in the form attached hereto as Exhibit C acknowledged and agreed to in writing by Bxxxxxxx’s transfer agent (the “Transfer Agent”). Borrower shall have delivered to Investor a fully executed Officer’s Certificate substantially in the form attached hereto as Exhibit B(1) to the Note, evidencing Borrower’s approval of the Transaction Documents. Borrower shall have delivered to Investor fully executed copies of all other Transaction Documents required to be executed by Bxxxxxxx and shall have met all requirements in the Transaction Documents. The representations and warranties of the Borrower shall be true and correct in all material respects as of the date when made and as of the Closing Date as though made at such time (except for representations and warranties that speak as of a specific date) and the 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 Borrower at or prior to the Closing Date. The Investor shall have received a certificate or certificates, executed by the chief executive officer of the Borrower, dated as of the Closing Date, to the foregoing effect and as to such other matters as may be reasonably requested by the Investor including, but not limited to certificates with respect to the Borrower’s Certificate of Incorporation, By-laws and Board of Directors’ resolutions relating to the transactions contemplated hereby. 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 ...
