Common use of CONDITIONS PRECEDENT TO THE OBLIGATIONS OF THE BUYER Clause in Contracts

CONDITIONS PRECEDENT TO THE OBLIGATIONS OF THE BUYER. All obligations of the Buyer under this Agreement are subject to the fulfillment, at or prior to the Closing Date, of each of the following conditions, which conditions may be waived only by the Buyer. (a) The representations and warranties of the Seller herein contained shall be true and correct as of the date hereof. (b) The Seller shall have performed or complied with all the obligations, agreements and covenants herein contained to be performed by them prior to or as of the Closing Date. (c) The Buyer shall have received a certificate from the Seller as to compliance with paragraphs (a) and (b) of this Section 10. (d) No action, suit or proceeding by or before any court or any governmental or regulatory authority shall have been commenced or threatened, and no investigation by any governmental or regulatory authority shall have been commenced or threatened, seeking to restrain, prevent or change the transactions contemplated hereby or seeking judgments against the Seller or the Buyer awarding substantial damages in respect of the transactions contemplated hereby. (e) All deliveries required to be made under this Agreement to the Buyer on or before the Closing Date shall have been received by the Buyer.

CONDITIONS PRECEDENT TO THE OBLIGATIONS OF THE BUYER. All obligations of the Buyer Seller under this Agreement are subject to the fulfillment, at or prior to the Closing Date, of each of the following conditions, which conditions may be waived only by the Buyer. (a) The representations and warranties of the Seller herein contained shall be true and correct as of the date hereof. (b) The Seller shall have performed or complied with all the obligations, agreements and covenants herein contained to be performed by them him prior to or as of the Closing Date. (c) The Buyer shall have received a certificate from the Seller as to compliance with paragraphs (a) and (b) of this Section 1011. (d) No action, suit or proceeding by or before any court or any governmental or regulatory authority shall have been commenced or threatened, and no investigation by any governmental or regulatory authority shall have been commenced or threatened, seeking to restrain, prevent or change the transactions contemplated hereby or seeking judgments against the Seller or the Buyer awarding substantial damages in respect of the transactions contemplated hereby. (e) All deliveries required to be made under this Agreement to the Buyer on or before the Closing Date shall have been received by the Buyer.