Conditions to the Company’s Obligation to Close. The obligation of the Company hereunder to consummate the Closing is subject to the satisfaction or waiver by the Company, at or before the Closing Date, of each of the following conditions:
Conditions to the Company’s Obligation to Close. The obligations of the Company to consummate the Merger shall be subject to the satisfaction or (to the extent permitted by Law) waiver by the Company, at or prior to the Effective Time, of the following conditions
Conditions to the Company’s Obligation to Close. The obligation of the Company to sell any Shares to the Purchaser under this Agreement is subject to fulfillment, or the waiver in writing by the Company, of the following conditions on or before the applicable Closing:
Conditions to the Company’s Obligation to Close. The obligation of the Company to issue and sell the Notes and the Warrants to each respective Buyer 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 Company's sole benefit and may be waived by the Company at any time in its sole discretion by providing such Buyer with prior written notice thereof, and provided further such waiver shall not be effective against any other Buyer who does not consent in writing:
Conditions to the Company’s Obligation to Close. The Company's obligation to close hereunder shall be subject to the following condition: (a) the purchase price for the Shares and the Warrant required to be delivered by the Purchaser to the Company pursuant to Section 1.5 hereof shall have been delivered to the Company.
Conditions to the Company’s Obligation to Close. The obligation of the Company to consummate the Transactions shall be subject to the fulfillment, at or before Closing, of all of the conditions set forth below in this Section 7.3. The Company may waive in writing any or all of these conditions in whole or in part without prior notice.
Conditions to the Company’s Obligation to Close. The Holder understands that the Company's obligation to issue and pay to the Holder the Consideration in exchange for the Debentures on the Closing Date is conditioned upon satisfaction of the following conditions precedent on or before the Closing Date (any or all of which may be waived by the Company in its sole discretion):
Conditions to the Company’s Obligation to Close. The Company’s obligation to issue and sell the Shares and the Warrant described on the Subscription Pages to the Purchaser shall be subject to the following conditions, any one or more of which may be waived by the Company: (a) receipt by the Company of the purchase price for the Shares and the Warrant being purchased hereunder as set forth on the Subscription Pages; (b) completion of purchases and sales under the Agreements with the Other Purchasers; (c) the accuracy of the representations and warranties made by the Purchasers and the fulfillment of those undertakings of the Purchasers to be fulfilled prior to the Closing; (d) the Company’s determination that the offer and sale of the Shares and Warrants does not require the approval of the Company’s holders of Common Stock; and (e) the absence of any order, writ, injunction, judgment or decree that questions the validity of the Agreements or the right of any of the Purchasers to enter into such agreements or to consummate the transactions contemplated hereby and thereby.
Conditions to the Company’s Obligation to Close. The obligation of the Company to issue and sell the Preferred Shares to each respective Purchaser 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 Company’s sole benefit and may be waived by the Company at any time in its sole discretion by providing such Purchaser with prior written notice thereof:
Conditions to the Company’s Obligation to Close. The obligation of the Company to sell the Preferred Shares offered hereunder are conditioned on the fulfillment or waiver of the following:
