Conditions to the Obligations of Xxxxx. The obligations of Xxxxx under this Agreement and any Terms Agreement shall be subject to (i) the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time, each Representation Date, and as of each Applicable Time, Settlement Date and Time of Delivery, (ii) to the performance by the Company and the Operation Partnership of their respective obligations hereunder and (iii) the following additional conditions:
Conditions to the Obligations of Xxxxx. The obligations of Xxxxx to consummate the Merger are subject to the satisfaction or waiver by Xxxxx on or prior to the Closing Date of the following further conditions:
Conditions to the Obligations of Xxxxx. The obligation of Xxxxx to effect the Xxxxx Merger is subject to the satisfaction at or prior to the Effective Time of the following conditions:
Conditions to the Obligations of Xxxxx. The obligation of Xxxxx to consummate the transactions provided for herein is subject to the fulfillment at or prior to the Effective Time of each of the following conditions unless waived by Xxxxx in a writing delivered to BSC which specifically refers to the condition or conditions being waived:
Conditions to the Obligations of Xxxxx. Xxxxx’x obligations to effect the exchange shall be subject to the satisfaction (or waiver by Viabuilt) of the following conditions prior to or on the Closing Date:
Conditions to the Obligations of Xxxxx. The obligations of Xxxxx under this Agreement are subject to the fulfillment of each of the following conditions:
Conditions to the Obligations of Xxxxx. The obligations of Xxxxx under this Agreement to consummate the stock exchange and take the other actions contemplated herein shall be subject to the satisfaction, on or prior to the date hereof, of each of the following conditions, each of which may be waived by Xxxxx as provided herein except as otherwise provided by law:
Conditions to the Obligations of Xxxxx. The obligations of -------------------------------------- Xxxxx to effect the transactions contemplated hereby shall be subject to the following conditions, any one or more of which may be waived by SFI: (a) all representations and warranties of Buyer contained in this First Amended Agreement shall be true and correct in all material respects as of the Xxxxx Transfer Date as though made as of such date, except for matters that do not materially impair the ability of Buyer to perform its obligations under this First Amended Agreement; and (b) Buyer shall have performed and complied in all material respects with all covenants and agreements contained in this First Amended Agreement required to be performed and complied with by it at or prior to the Xxxxx Transfer Date.
Conditions to the Obligations of Xxxxx. The obligations of Xxxxx to effect the transactions contemplated hereby shall be subject to the following conditions, any one or more of which may be waived by SFI: (a) all representations and warranties of Buyer contained in this Agreement shall be true and correct in all material respects as of the Great Lakes Stock Sale Closing Date as though made as of such date, except for matters that do not materially impair the ability of Buyer to perform its obligations under this Agreement; and (b) Buyer shall have performed and complied in all material respects with all covenants and agreements contained in this Agreement required to be performed and complied with by it at or prior to the Great Lakes Stock Sale Closing Date.
