Common use of Conditions to Second Closing Clause in Contracts

Conditions to Second Closing. The occurrence of the Second Closing is expressly contingent on (i) the truth and accuracy on the Second 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, and (iii) the non-occurrence of any Event of Default (as defined in the Note).

Conditions to Second Closing. The occurrence of the Second Closing is expressly contingent on (i) the truth and accuracy on the Second 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, and (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 Second Closing Date of Second Closing Notes.

Conditions to Second Closing. The occurrence of the Second Closing is expressly contingent on (i) the truth and accuracy accuracy, on the Second Closing Date of the representations and warranties of the Company and Subscriber contained in this AgreementAgreement except for changes that do not constitute a Material Adverse Effect, (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)Note and this Agreement) or an event that with the passage of time or the giving of notice could become an Event of Default.