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 proceed to close this Agreement and to issue and sell the Shares to the Purchaser is subject to the satisfaction or waiver, at or before the Initial Closing, and as of each Settlement Date of each of the conditions set forth below. These conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion. (a) Accuracy of the Purchaser's Representations and Warranties. The representations and warranties of the Purchaser shall be true and correct in all material respects as of the date when made and as of the Initial Closing and as of each Settlement Date as though made at that time, except for representations and warranties that speak as of a particular date. (b) Performance by the Purchaser. The Purchaser shall have performed, satisfied and complied in all material respects with all material covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Purchaser at or prior to the Initial Closing and as of each Settlement Date.

Conditions Precedent to the Obligation of the Company. The obligation hereunder of the Company to proceed to close this Agreement and to issue and sell the Shares to the Purchaser is subject to the satisfaction or waiver, at or before the Initial Closing, and as of each Settlement Date of each of the conditions set forth below. These conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion. (a) Accuracy of Each of the Purchaser's Representations and Warranties. The representations and warranties of the Purchaser contained in this Agreement shall be true and correct in all material respects as of the date when made and as of the Initial Closing and as of each Settlement Date as though made at that time, except for representations and warranties that speak are expressly made as of a particular specified date, which shall be true and correct in all material respects as of such date. (b) Performance by the Purchaser. The Purchaser shall have performed, satisfied and complied with in all material respects with all material covenants, agreements agreements, conditions and conditions required obligations contemplated by this Agreement to be performed, satisfied or complied with by the Purchaser at or prior to the Initial Closing. The Company shall have received at the Closing a certificate signed on behalf of the Purchaser by an executive officer of the Purchaser, to the effect set forth in Sections 4.2(a) and as of each Settlement Date(b).

Conditions Precedent to the Obligation of the Company. The obligation hereunder of the Company to proceed to close this Agreement and to issue and sell the Shares to the Purchaser is subject to the satisfaction or waiver, at or before the Initial each Closing, and as of each Settlement Date of each of the conditions set forth below. These conditions are for the Company's sole benefit and may be waived by the Company at any time in its sole discretion. (a) Accuracy of Each of the Purchaser's Representations and Warranties. The representations and warranties of the Purchaser contained in this Agreement shall be true and correct in all material respects as of the date when made and as of the Initial each Closing and as of each Settlement Date as though made at that time, except for representations and warranties that speak are expressly made as of a particular specified date, which shall be true and correct in all material respects as of such date. (b) Performance by the Purchaser. The Purchaser shall have performed, satisfied and complied with in all material respects with all material covenants, agreements agreements, conditions and conditions required obligations contemplated by this Agreement to be performed, satisfied or complied with by the Purchaser Purchasers at or prior to such Closing. The Company shall have received at the Initial Closing a certificate signed on behalf of the Purchaser by an executive officer of the Purchaser, to the effect set forth in Sections 4.2(a) and as of each Settlement Date(b).