Conditions to Both Parties’ Obligations. The obligations of the Company and the Standby Purchasers to consummate the transactions contemplated hereunder in connection with the Standby Offering are subject to the fulfillment, prior to or on the Closing Date, of the following conditions: (i) the Rights Offering shall have been consummated in accordance with the terms and conditions described in the Prospectus; and (ii) no judgment, injunction, decree, regulatory proceeding or other legal restraint shall prohibit, or have the effect of rendering unachievable, the consummation of the Standby Offering or the transactions contemplated by this Agreement.
Appears in 6 contracts
Sources: Standby Purchase Agreement (H-Cyte, Inc.), Standby Purchase Agreement (FWHC Holdings, LLC), Standby Purchase Agreement (H-Cyte, Inc.)
Conditions to Both Parties’ Obligations. The obligations of the Company and the Standby Purchasers Purchaser to consummate the transactions contemplated hereunder in connection with the Standby Offering are subject to the fulfillment, prior to or on the Closing Date, of the following conditions:
(i) the Rights Offering shall have been consummated in accordance with the terms and conditions described in the Prospectus; and
(ii) no judgment, injunction, decree, regulatory proceeding or other legal restraint shall prohibit, or have the effect of rendering unachievable, the consummation of the Standby Offering or the transactions contemplated by this Agreement.
Appears in 4 contracts
Sources: Standby Purchase Agreement (DISH Network CORP), Standby Purchase Agreement (Famous Daves of America Inc), Standby Purchase Agreement (Famous Daves of America Inc)
Conditions to Both Parties’ Obligations. The obligations of the Company and the Standby Purchasers Purchaser to consummate the transactions contemplated hereunder in connection with the Standby Offering are subject to the fulfillment, on or prior to or on the Closing Date, of the following conditions:
(i) the Rights Offering shall have been consummated at the Subscription Price in accordance with the terms and conditions described in the Prospectus; andRegistration Statement;
(ii) no judgment, injunction, decree, regulatory proceeding or other legal restraint shall prohibit, or have the effect of rendering unachievable, the consummation of the Standby Offering or the transactions contemplated by this Agreement; and
(iii) all required approvals and consents that are required in connection with the consummation of the transactions contemplated by this Agreement shall have been duly obtained and shall be effective.
Appears in 2 contracts
Sources: Standby Purchase Agreement (Full House Resorts Inc), Standby Purchase Agreement (Full House Resorts Inc)
Conditions to Both Parties’ Obligations. The obligations of the Company and the each Standby Purchasers Purchaser to consummate the transactions contemplated hereunder in connection with the Standby Offering are subject to the fulfillment, on or prior to or on the Closing Date, of the following conditions:
(i) the Rights Offering shall have been consummated in accordance with at the Subscription Price and otherwise upon the terms set forth herein and conditions described in the Prospectus; and;
(ii) no judgment, injunction, decree, regulatory proceeding or other legal restraint shall prohibit, or have the effect of rendering unachievable, the consummation of the Standby Offering or the transactions contemplated by this Agreement; and
(iii) all required approvals and consents that are required in connection with the consummation of the transactions contemplated by this Agreement shall have been duly obtained and shall be effective.
Appears in 1 contract
Sources: Standby Purchase Agreement (RMG Networks Holding Corp)
Conditions to Both Parties’ Obligations. The obligations of the Company and the Standby Purchasers Purchaser to consummate the transactions contemplated hereunder in connection with the Standby Offering are subject to the fulfillment, prior to or on the Closing Date, of the following conditions:
(ia) the Rights Offering shall have been consummated in accordance with the terms and conditions described in the Prospectus; and
(iib) no judgment, injunction, decree, regulatory proceeding or other legal restraint shall prohibit, or have the effect of rendering unachievable, the consummation of the Standby Offering or the transactions contemplated by this Agreement.
Appears in 1 contract
Sources: Stock Purchase Agreement (Famous Daves of America Inc)