Common use of Conditions Precedent to the Obligation of the Company Clause in Contracts

Conditions Precedent to the Obligation of the Company. The obligation hereunder of the Company to effect the Conversion is subject to the satisfaction or waiver, on or before the Effective Date, of the conditions set forth below: (a) Accuracy of LEUCADIA's Representations and Warranties. Each of the representations and warranties of LEUCADIA in this Agreement shall be true and correct in all material respects as of the date when made and as of the Effective Date as though made at that time, except for representations and warranties that are expressly made as of a particular date, which shall be true and correct in all material respects as of such date. (b) Performance by LEUCADIA. LEUCADIA shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by LEUCADIA on or prior to the Effective Date. (c) No Injunction, Statute or Rule. No statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by any court or governmental authority of competent jurisdiction which prohibits the consummation of any of the transactions contemplated by this Agreement.

Conditions Precedent to the Obligation of the Company. The obligation hereunder of the Company to effect consummate the Conversion transactions contemplated hereunder is subject to the satisfaction or waiverwaiver (with prior written notice to the Purchaser) by the Company, on at or before the Effective DateClosing, of each of the conditions set forth belowfollowing conditions: (ai) Accuracy of LEUCADIAthe Purchaser's Representations and Warranties. Each of the The representations and warranties of LEUCADIA the Purchaser in this Agreement shall be true and correct in all material respects as of the date when made and as of the Effective Date as though made at that time, except for representations and warranties that are expressly made as of a particular date, which shall be true and correct in all material respects as of such date.Closing Date; (bii) Performance by LEUCADIAthe Purchaser. LEUCADIA The Purchaser shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by LEUCADIA on the Purchaser at or prior to the Effective Date.Closing; and (ciii) No Injunction, Statute or Rule. No litigation, statute, rule, regulation, executive order, decree, ruling or injunction shall have been enacted, entered, promulgated or endorsed by any court or governmental authority of competent jurisdiction or any self-regulatory organization having authority over the matters contemplated hereby which prohibits the consummation of any of the transactions contemplated by this AgreementAgreement or the Transaction Documents.