Common use of Additional Conditions to Obligations of Purchaser Clause in Contracts

Additional Conditions to Obligations of Purchaser. The obligation of Purchaser to consummate the transactions contemplated by this Agreement is subject to the fulfillment or waiver by Purchaser, on or prior to the Closing, as the case may be, of each of the following conditions: (a) The representations and warranties of Seller set forth in Article III shall be true and correct in all respects on and as of the Closing Date, with the same force and effect as if made on and as of the Closing Date except where such representations and warranties have been expressly made as of an earlier date, in which case such representations and warranties shall have been true and correct as of such earlier date. (b) Seller shall have performed or complied in all material respects with all agreements and covenants required by this Agreement to be performed or complied with by Seller on or prior to the Closing Date. (c) There has been no Material Adverse Effect since the date of this Agreement. (d) Seller shall have delivered the documents and instruments set forth in Section 2 to Purchaser.

Additional Conditions to Obligations of Purchaser. The obligation of Purchaser to consummate the transactions contemplated by this Agreement is subject to the fulfillment or waiver by Purchaser, on or prior to the ClosingClosing Date, as the case may beapplicable, of each of the following conditions: (a) The representations and warranties of Seller set forth in Article III Articles IV shall be true and correct in all respects on and as of the Closing Date, with the same force and effect as if made on and as of each of the Closing Date except where Date, except, to the extent such representations and warranties shall have been expressly made as of an earlier date, in which case such representations and warranties shall have been true and correct as of such earlier date. (b) Seller shall have performed or complied in all material respects with all agreements and covenants required by this Agreement to be performed or complied with by Seller on or prior to the Closing Date. (c) There has been no Material Adverse Effect since the date of this Agreement. (d) Seller shall have delivered the documents and instruments set forth in Section 2 to the Purchaser.