Common use of Conditions of Closing of the Company Clause in Contracts

Conditions of Closing of the Company. The Company’s obligations to sell and issue the respective number of Crossover Preferred Shares at the Closing to the Purchaser are subject to the fulfillment at or before the Closing of the conditions that (a) all covenants, agreements and conditions contained in this Agreement to be performed, delivered, or complied with by such Purchaser prior to the Closing shall have been performed, delivered, or complied with by such Purchaser, as applicable, prior to or at the Closing (b) the representations and warranties made by Purchaser in this Agreement shall have been true and correct when made, and shall be true and correct as of the date of the Closing as if made on the date thereof.

Conditions of Closing of the Company. The Company’s 's obligations to sell and issue the respective number of Crossover Preferred Shares at the Closing to the Purchaser hereunder are subject to the fulfillment at or before the Closing of the conditions that (a) all covenants, agreements and conditions contained in this Agreement to be performed, delivered, or complied with with, by such Purchaser prior to the Closing shall have been performed, delivered, or complied with by such Purchaser, as applicable, Investor prior to or at the Closing shall have been performed or complied with by the Investor prior to or at the Closing, and (b) the representations and warranties made by Purchaser the Investor in this Agreement shall have been true and correct when made, and shall be true and correct as of the date of the Closing as if made on Closing, which conditions may be waived in whole or in part by the date thereofCompany, and which waiver shall be at the sole discretion of the Company.

Conditions of Closing of the Company. The Company’s obligations to sell and issue the respective number of Crossover Preferred Closing Shares at the Closing to the Purchaser are subject to the fulfillment at or before the Closing of the conditions that (a) all covenants, agreements and conditions contained in this Agreement to be performed, delivered, or complied with with, by such the Purchaser prior to the Closing shall have been performed, delivered, performed or complied with by such Purchaser, as applicable, the Purchaser prior to or at the Closing Closing, and (b) the representations and warranties made by the Purchaser in this Agreement shall have been true and correct when made, and shall be true and correct as of the date of the Closing as if made on Closing, which conditions may be waived in whole or in part by the date thereofCompany, and which waiver shall be at the sole discretion of the Company.