Common use of Conditions of the Obligations of the Manager Clause in Contracts

Conditions of the Obligations of the Manager. The obligations of the Manager hereunder and under any Terms Agreement or Transaction Notice, including with respect to any order submitted to the Manager by the Partnership to sell the Offered Securities or any agreement by the Manager to purchase the Offered Securities as principal, are subject to, on the date hereof, at the Time of Acceptance, at the time of commencement of trading on the NYSE on each date on which the Offered Securities are proposed to be sold pursuant to Section 3(a) hereof, as of each Applicable Time, as of the date of any executed Terms Agreement and as of each Settlement Date, Time of Acceptance and Principal Settlement Date (i) the accuracy of the representations and warranties of the Partnership herein, (ii) the accuracy of the statement of Partnership officers made pursuant to the provisions hereof, (iii) the performance by the Partnership of its obligations hereunder and (iv) to the following additional conditions precedent:

Appears in 1 contract

Sources: Distribution Agency Agreement (Hi-Crush Partners LP)

Conditions of the Obligations of the Manager. The obligations of the Manager hereunder and under any Terms Agreement or Transaction Notice, including with respect to any order submitted to the Manager by the Partnership Company to sell the any Offered Securities ADSs or any agreement by the Manager to purchase the any Offered Securities ADSs as principal, are subject to, on the date hereof, at the Time of Acceptance, at the time of commencement of trading on the NYSE NASDAQ on each date on which the Offered Securities ADSs are proposed to be sold pursuant to Section 3(a) hereof, as of each Applicable Time, as of the date of any executed Terms Agreement and as of each Settlement Date, Time of Acceptance Date and Principal Settlement Date (i) the accuracy of the representations and warranties of the Partnership Company herein, (ii) the accuracy of the statement of Partnership Company officers made pursuant to the provisions hereof, (iii) the performance by the Partnership Company of its obligations hereunder hereunder, and (iv) to the following additional conditions precedent:

Appears in 1 contract

Sources: Distribution Agreement (Hanwha SolarOne Co., Ltd.)