Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Notes as provided herein on the First Closing Date and, with respect to the Optional Notes, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Notes, as of the Second Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:
Appears in 2 contracts
Sources: Purchase Agreement (Maxtor Corp), Purchase Agreement (Apria Healthcare Group Inc)
Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Notes Securities as provided herein on the First Closing Date and, with respect to the Optional Notes, the Second any Subsequent Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional Notes, as of the Second Closing Date as though then made, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:
Appears in 2 contracts
Sources: Purchase Agreement (Aceto Corp), Purchase Agreement (Brocade Communications Systems Inc)
Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Notes Firm Securities as provided herein on the First Closing Date andand for the Option Securities, with respect to if any, as provided herein on the Optional Notes, the Second Closing Date, Date shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date or the Optional Closing Date, as the case may be, as though then made and, with respect to the Optional Notes, as of the Second Closing Date as though then made, and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:
Appears in 1 contract
Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Notes Debentures as provided herein on the First Closing Date and, with respect to the Optional NotesDebentures, the Second Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional NotesDebentures, as of the Second Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:
Appears in 1 contract
Sources: Purchase Agreement (Labone Inc/)
Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers hereunder to purchase and pay for the Notes Initial Securities as provided herein on the First Closing Date and, with respect to the Optional NotesSecurities, the Second each Option Closing Date, shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 1 4 hereof as of the date hereof and as of the First Closing Date as though then made and, with respect to the Optional NotesSecurities, as of the Second each Option Closing Date as though then made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:
Appears in 1 contract
Sources: Purchase Agreement (Omeros Corp)