CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Preferred Shares and the other obligations of the Company hereunder, shall be subject to the satisfaction of the following conditions on or before the Closing Date:
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligations of the Company under this Agreement are subject to the satisfaction of the following conditions unless waived by the Company:
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligations of Integra to issue and sell the Purchased Shares and to perform its other obligations hereunder, shall be subject to the satisfaction as determined by, or waiver by, Integra of the following conditions on or before the Closing Date:
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation ---------------------------------------------------- of the Company to issue, sell and deliver the Shares to Buyer shall be subject to delivery by Buyer to the Company of $750,000 in immediately available funds. The Company shall also have received the Commitment Letter duly executed by all of the parties thereto, and received the sum of $2,500,000 in Bridge Loan financing contemplated by numbered paragraph 3 thereof.
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment, at or prior to the Closing Date of each of the following conditions, any one or more of which may be waived by the Company:
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligations of the Company to allot and issue the Subscribed Shares to SAIF shall be subject to the satisfaction, or waiver by, the Company of the following conditions with respect to SAIF on or before the Closing Date provided that the Company shall not be entitled to rely on any such Condition if its acts or omissions have contributed to that Condition not being satisfied. Notwithstanding the foregoing, the impact of any of the following on Sections 7.3, 7.4, 7.5 and 7.6 of the Investor Rights Agreement shall not constitute a basis for the Company to elect not to close the transactions contemplated by this Agreement (it being understood that the parties shall use their reasonable best efforts to maintain the rights and obligations of the parties set forth in the Transaction Documents in accordance with Section 7.14 of the Investor Rights Agreement): (a) the adoption of the Sarbanes-Oxley Act of 2002 (the "SOA Act"), (b) the proposal or adoptxxx xx xxxxxxxions by the Commission implementing the SOA Act, or (c) amendments to the rules of the NASD to implement the SOA Act and other matters in a manner substantially consistent with these statements made publicly available as of the date of this Agreement by the NASD (as outlined in its press release dated September 13, 2002).
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligation of the Company to issue and sell the Purchased Shares and to perform its other obligations hereunder shall be subject to the satisfaction as determined by, or waiver by, the Company of the following conditions on or before the Closing Date; provided, however that the Company shall not be permitted to waive the conditions set forth in Section 6.2 without the prior written consent of Xxxxxxx, Xxxxx & Co. and Citigroup Global Markets Inc.
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. Each of the following actions shall be taken, or documents delivered, as the case may be, by each of the Purchasers on or prior to the Closing Date, any of which may be waived only in the sole discretion of the Company:
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. 4.1 Representations and Warranties
CONDITIONS TO THE OBLIGATION OF THE COMPANY TO CLOSE. The obligations of the Company to sell the Pipeline Assets hereunder shall be subject to the satisfaction of the following conditions on or before the Closing Date, except as and to the extent that such satisfaction is waived by the Company.
