Common use of Conditions of Closing Clause in Contracts

Conditions of Closing. The obligations of the Fund to sell the Units to the Subscriber is subject to the following conditions being fulfilled or performed on or before the time of issuance of Units, which conditions are for the exclusive benefit of the Fund and the Manager and may be waived, in whole or in part, by the Manager in its sole discretion: (a) the Subscriber delivering or causing to be delivered to the Manager the following: (i) a fully completed and duly executed copy of this Subscription Agreement, including all relevant schedules and all other documentation contemplated by this Subscription Agreement; and (ii) the subscription price for the Units by way of a certified cheque, wire transfer or bank draft or such other method of payment acceptable to the Manager. (b) the Manager accepting the Subscriber’s subscription for the Units in whole or in part, which acceptance shall be in the Manager’s sole discretion, acting reasonably; (c) the offer, sale and issuance of the Units being exempt from the prospectus and registration requirements of Applicable Securities Laws. As used in this Subscription Agreement, “Applicable Securities Laws” means any and all securities laws including, statutes, rules, regulations, by-laws, policies, guidelines, orders, decisions, rulings and awards, applicable in the jurisdictions in which the Units will be offered, sold and issued;

Conditions of Closing. The obligations of the Fund to sell the Units to the Subscriber is subject to the following conditions being fulfilled or performed on or before the time of issuance of Units, which conditions are for the exclusive benefit of the Fund and the Fund Manager and may be waived, in whole or in part, by the Fund Manager in its sole discretion: (a) the Subscriber delivering or causing to be delivered to the Fund Manager the following: (i) a fully completed and duly executed copy of this Subscription Agreement, including all relevant schedules and all other documentation contemplated by this Subscription Agreement; and (ii) the subscription price for the Units by way of a certified cheque, wire transfer or bank draft or such other method of payment acceptable to the Fund Manager. (b) the Fund Manager accepting the Subscriber’s subscription for the Units in whole or in part, which acceptance shall be in the Fund Manager’s sole discretion, acting reasonably; (c) the offer, sale and issuance of the Units being exempt from the prospectus and registration requirements of Applicable Securities Laws. As used in this Subscription Agreement, “Applicable Securities Laws” means any and all securities laws including, statutes, rules, regulations, by-laws, policies, guidelines, orders, decisions, rulings and awards, applicable in the jurisdictions in which the Units will be offered, sold and issued;

Conditions of Closing. The obligations of the Fund to sell the Units to the Subscriber Advisor is subject to the following conditions being fulfilled or performed on or before the time of issuance of Units, which conditions are for the exclusive benefit of the Fund and the Manager and may be waived, in whole or in part, by the Manager in its sole discretion: (a) the Subscriber Advisor delivering or causing to be delivered to the Manager the following: (i) a fully completed and duly executed copy of this Subscription Agreement, including all relevant schedules and all other documentation contemplated by this Subscription Agreement; and (ii) the subscription price for the Units by way of a certified cheque, wire transfer or bank draft or such other method of payment acceptable to the Manager. (b) the Manager accepting the SubscriberAdvisor’s subscription for the Units in whole or in part, which acceptance shall be in the Manager’s sole discretion, acting reasonably; (c) the offer, sale and issuance of the Units being exempt from the prospectus and registration requirements of Applicable Securities Laws. As used in this Subscription Agreement, “Applicable Securities Laws” means any and all securities laws including, statutes, rules, regulations, by-laws, policies, guidelines, orders, decisions, rulings and awards, applicable in the jurisdictions in which the Units will be offered, sold and issued;

Conditions of Closing. The obligations of the Fund to sell the Units to the Subscriber is subject to the following conditions being fulfilled or performed on or before the time of issuance of Units, which conditions are for the exclusive benefit of the Fund and the Manager and may be waived, in whole or in part, by the Manager in its sole discretion: (a) the Subscriber delivering or causing to be delivered to the Manager the following: (i) a fully completed and duly executed copy of this Subscription Agreement, including all relevant schedules and all other documentation contemplated by this Subscription Agreement; and (ii) the subscription price for the Units by way of a certified cheque, wire transfer or bank draft or such other method of payment acceptable to the Manager. (b) the Manager accepting the Subscriber’s subscription for the Units in whole or in part, which acceptance shall be in the Manager’s sole discretion, acting reasonably; (c) the offer, sale and issuance of the Units being exempt from the prospectus and registration requirements of Applicable Securities Laws. As used in this Subscription Agreement, “Applicable Securities Laws” means any and all securities laws including, statutes, rules, regulations, by-laws, policies, guidelines, orders, decisions, rulings and awards, applicable in the jurisdictions in which the Units will be offered, sold and issued;

Conditions of Closing. The obligations offer, sale and issuance of the Fund to sell the Units to the Subscriber Securities as contemplated by this Agreement is subject to to, among other things, the following conditions being fulfilled or performed on or before the time Time of issuance of Units, Closing: (a) The following conditions which conditions are for the exclusive benefit of the Fund and the Manager Corporation and may be waived, in whole or in part, by the Manager Corporation in its sole discretion: (ai) the Subscriber delivering or causing to be delivered to the Manager the following: (i) a fully completed and duly executed copy of this Subscription Agreement; (ii) the Subscriber delivering a duly executed copy of an investor rights agreement (the “Investor Rights Agreement”) between the Corporation and the Subscriber, including all relevant schedules substantially in the form set forth in Schedule C; (iii) the Subscriber delivering fully completed and duly executed copies of all other documentation contemplated by this Subscription Agreement; and (ii) the subscription price for the Units by way of a certified cheque, wire transfer or bank draft or such other method of payment acceptable to the Manager. (b) the Manager accepting the Subscriber’s subscription for the Units in whole or in part, which acceptance shall be in the Manager’s sole discretion, acting reasonably; (civ) evidence of completed wire transfer as specified on Schedule A representing the aggregate Subscription Price payable for the Subscribed Debentures subscribed for by the Subscriber; (v) the offer, sale and issuance of the Units Securities being exempt from the prospectus and registration requirements of Applicable Securities Laws. As used in this Subscription Agreement, “Applicable Securities Laws” means any and all securities laws including, statutes, rules, regulations, by-laws, policies, guidelines, orders, decisions, rulings and awards, applicable in the United States and the jurisdictions in which the Units Securities will be offered, sold and issued;

Conditions of Closing. The obligations offer, sale and issuance of the Fund to sell the Units to the Subscriber Securities as contemplated by this Agreement is subject to to, among other things, the following conditions being fulfilled or performed on or before the time Time of issuance of Units, Closing: (a) The following conditions which conditions are for the exclusive benefit of the Fund and the Manager Corporation and may be waived, in whole or in part, by the Manager Corporation in its sole discretion: (ai) the Subscriber delivering or causing to be delivered to the Manager the following: (i) a fully completed and duly executed copy of this Subscription Agreement; (ii) the Subscriber delivering a duly executed copy of an investor rights agreement (the “Investor Rights Agreement”) between the Corporation and the Subscriber, including all relevant schedules substantially in the form set forth in Schedule C; (iii) the Subscriber delivering fully completed and duly executed copies of all other documentation contemplated by this Subscription Agreement; and (ii) the subscription price for the Units by way of a certified cheque, wire transfer or bank draft or such other method of payment acceptable to the Manager. (b) the Manager accepting the Subscriber’s subscription for the Units in whole or in part, which acceptance shall be in the Manager’s sole discretion, acting reasonably; (civ) evidence of completed wire transfer as specified on Schedule A representing the aggregate Subscription Price payable for the Subscribed Debentures subscribed for by the Subscriber; (v) the offer, sale and issuance of the Units Securities being exempt from the prospectus and registration requirements of Applicable Securities Laws. As used in this Subscription Agreement, “Applicable Securities Laws” means any and all securities laws including, statutes, rules, regulations, by-laws, policies, guidelines, orders, decisions, rulings and awards, applicable in British Columbia, the United States of America, and the jurisdictions in which the Units Securities will be offered, sold and issued;