Common use of Condition to Each Party’s Obligations Clause in Contracts

Condition to Each Party’s Obligations. The respective obligations of each Party to consummate the Transactions shall be subject to the satisfaction (or waiver in writing by both Buyer and Seller), at or prior to the Closing, of the following conditions: (a) the Nobilo Approval shall have been obtained; and (b) the transactions contemplated by the Amended and Restated APA shall have been consummated, or are ready to be consummated substantially concurrently with the Closing in accordance with the terms of the Amended and Restated APA.

Condition to Each Party’s Obligations. The respective obligations of each Party to consummate the Transactions shall be subject to the satisfaction (or waiver in writing by both Buyer and Seller), at or prior to the Closing, of the following conditions: (a) the Nobilo Approval shall have been obtained; and (b) the transactions contemplated by the Second Amended and Restated APA shall have been consummated, or are ready to be consummated substantially concurrently with the Closing in accordance with the terms of the Second Amended and Restated APA.