Common use of Conditions Precedent to the Obligation Clause in Contracts

Conditions Precedent to the Obligation. of the Company to Sell the Debentures. The obligation hereunder of the Company to issue and sell the Debentures to the Subscriber is subject to the satisfaction, at or before the Closing, of each of the conditions set forth below. Each of 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 Subscriber's Representations and Warranties. The representations and warranties of the Subscriber shall be true and correct as of the date when made and in all material respects as of the Closing Date as though made at each such time. (b) Performance by the Subscriber. The Subscriber 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 the Subscriber at or prior to the Closing.

Conditions Precedent to the Obligation. of the Company to Issue and Sell the DebenturesSecurities. The obligation hereunder of the Company to issue and and/or sell the Debentures Securities to the Subscriber is subject to the satisfaction, at or before the Closing, of each of the conditions set forth below. Each of these 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 Subscriber's Representations and Warranties. The representations and warranties of the Subscriber shall be true and correct as of the date when made and in all material respects as of the Closing Date as though made at each such time. (b) Performance by the Subscriber. The Subscriber 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 the Subscriber at or prior to the Closing.