Common use of Conditions of Placement Agent’s Obligations Clause in Contracts

Conditions of Placement Agent’s Obligations. The obligations of the Placement Agent to cause the placement of the Units, as provided herein, shall be subject, in its reasonable discretion, to the continuing accuracy of the representations and warranties of the Company contained herein and in each certificate and document contemplated under this Agreement to be delivered to the Placement Agent, as of the date hereof and as of each Closing Date to the performance by the Company of its obligations hereunder, and to the following conditions:

Conditions of Placement Agent’s Obligations. The obligations of the Placement Agent to cause purchase and pay for the placement of the UnitsPlacement Shares, as provided herein, shall be subject, in its reasonable discretion, subject to (i) the continuing accuracy of the representations and warranties of the Company contained herein and in each certificate and document contemplated under this Agreement to be delivered to the Placement Agent, Selling Stockholders as of the date hereof and as of each the Closing Date Date; (ii) the accuracy of the statements of officers of the Company made pursuant to the provisions hereof; (iii) the performance by the Company and the Selling Stockholders of its obligations hereunder, hereunder and to (iv) the following conditions:

Conditions of Placement Agent’s Obligations. (a) The obligations of the Placement Agent to cause undertake the placement of the Units, Units as provided herein, herein shall be subject, in its reasonable discretion, subject (unless waived by the Placement Agent) to the continuing accuracy of the representations and warranties of the Company Managing Owner, the Trust and the Funds contained herein and in each certificate and document contemplated under this Agreement to be delivered to the Placement Agentherein, as of the date hereof and as of each Closing Date to the performance by the Company Managing Owner, the Trust and the Funds of its their respective obligations hereunder, hereunder and to the following conditions:

Conditions of Placement Agent’s Obligations. The obligations of the --------------------------------------------- Placement Agent to cause the placement of the Units, as provided herein, shall be subject, in its reasonable discretion, to the continuing accuracy of the representations and warranties of the Company contained herein and in each certificate and document contemplated under this Agreement to be delivered to the Placement Agent, as of the date hereof and as of each Closing Date to the performance by the Company of its obligations hereunder, and to the following conditions:

Conditions of Placement Agent’s Obligations. The obligations of the Placement Agent to cause the placement hereunder are subject (as of the Units, as provided herein, shall be subject, in its reasonable discretion, date hereof and on the Termination Date) to the continuing accuracy of and compliance with the representations and warranties of the Company contained herein and in each certificate and document contemplated under this Agreement to be delivered to the Placement Agentherein, as of the date hereof and as of each Closing Date to the performance by the Company of its obligations hereunder, and to the following additional conditions:

Conditions of Placement Agent’s Obligations. The obligations of the Placement Agent to cause the placement hereunder are subject (as of the Units, as provided herein, shall be subject, in its reasonable discretion, date hereof and on the Closing Date) to the continuing accuracy of and compliance with the representations and warranties of the Company contained herein and in each certificate and document contemplated under this Agreement to be delivered to the Placement Agentherein, as of the date hereof and as of each Closing Date to the performance by the Company of its obligations hereunder, and to the following additional conditions: