Conditions Precedent to the Right of the Clause Samples

Conditions Precedent to the Right of the. Company to Deliver a Put Notice and the Obligation of the Investor to Close Section 6.1 Conditions Precedent to the Right of the Company to Deliver a Put Notice and the Obligation of the Investor to Close. In addition to the specific conditions contained elsewhere in this Agreement, the right of the Company to deliver a Put Notice and the obligation of Investor hereunder to perform its obligations at any Closing hereunder is subject to the satisfaction, on both (i) the date of delivery of such Put Notice and (ii) the applicable Closing Date of each of the following conditions, or the waiver by the Investor of such conditions:

Conditions Precedent to the Right of the. Company To Deliver a Transaction Notice and the Obligation of KBCM and the Forward Seller to Sell Shares During the Selling Period(s). The right of the Company to deliver a Transaction Notice hereunder is subject to the satisfaction, on the date of delivery of such Transaction Notice, and the obligations of each of KBCM to sell Issuance Shares and the Forward Seller to sell, on behalf of the Company, and the Forward Purchaser to borrow the Forward Hedge Shares during the applicable Selling Period is subject to the satisfaction, on the applicable Transaction Date and Settlement Date, of each of the following conditions:

Conditions Precedent to the Right of the. Company To Deliver a Transaction Notice and the Obligation of BNYMCM and the Forward Seller to Sell Shares During the Selling Period(s). The right of the Company to deliver a Transaction Notice hereunder is subject to the satisfaction, on the date of delivery of such Transaction Notice, and the obligations of each of BNYMCM to sell Issuance Shares and the Forward Seller to sell, on behalf of the Company, and the Forward Purchaser to borrow the Forward Hedge Shares during the applicable Selling Period is subject to the satisfaction, on the applicable Transaction Date and Settlement Date, of each of the following conditions:

Conditions Precedent to the Right of the. Company To Deliver an Issuance Notice and the Obligation of BNYMCM To Sell Shares During the Selling Period(s). The right of the Company to deliver an Issuance Notice hereunder is subject to the satisfaction, on the date of delivery of such Issuance Notice, and the obligation of BNYMCM to sell Shares during the applicable Selling Period is subject to the satisfaction, on the applicable Settlement Date, of each of the following conditions:

Conditions Precedent to the Right of the. COMPANY TO DELIVER A PUT NOTICE AND THE OBLIGATION OF THE INVESTOR TO CLOSE Section 6.1 Conditions Precedent to the Obligation of the Investor to Close. In addition to the limitations contained in Section 2.1(b), the obligation of Investor hereunder to perform its obligations at any Closing hereunder is subject to the satisfaction, on the applicable Closing Date (a "Condition Satisfaction Date"), of each of the following conditions, or the waiver by the Investor of such conditions:

Conditions Precedent to the Right of the. COMPANY TO DELIVER A PUT NOTICE AND THE OBLIGATION OF THE INVESTOR TO PURCHASE PUT SHARES. Following completion of the Early Put, the right of the Company to deliver a Put Notice and the obligation of the Investor hereunder to acquire and pay for the Put Shares incident to a Closing is subject to the satisfaction, on (i) the applicable Put Date and (ii) the applicable Closing Date (each a "Condition Satisfaction Date"), of each of the following conditions:

Conditions Precedent to the Right of the. Company to Deliver a -------------------------------------------------------------- Sale Notice and the Obligation of the Investor to Purchase Common Stock or a ---------------------------------------------------------------------------- Subsequent Convertible Note. The right of the Company to deliver a Sale Notice, ---------------------------- in the event of a Subsequent Sale, and the obligation of the Investor hereunder to acquire and pay for Common Stock or a Subsequent Convertible Note, as the case may be, with respect to a Closing is subject to the satisfaction, on (i) the Subscription Date, (ii) the applicable Sale Notice Date and (iii) the applicable Closing Date (each a "Condition Satisfaction Date"), of each of the --------------------------- following conditions; provided, however, that with respect to the Subscription Date only, the Investor waives the conditions set forth in paragraphs (a), (b) and (k) of this Section 7.2; provided, further, that with respect to a Subsequent Note Sale, the conditions set forth in Section 7.3 hereof must also be satisfied:

Conditions Precedent to the Right of the. COMPANY TO DELIVER AN OPTIONAL PURCHASE NOTICE AND THE OBLIGATION OF THE INVESTORS TO PURCHASE OPTION Shares. (a) CONDITIONS PRECEDENT OF SECTION 2.1(B). The conditions precedent listed in Section 2.1(b) shall have been satisfied.

Conditions Precedent to the Right of the. COMPANY TO DELIVER A PUT NOTICE AND THE OBLIGATION OF THE INVESTOR TO CLOSE