Common use of Conditions to Both Parties’ Obligations Clause in Contracts

Conditions to Both Parties’ Obligations. The obligations of the Company and each of the Investors to consummate the transactions contemplated hereunder in connection with the Rights Offering are subject to the fulfillment, prior to or on the Closing Date, of the following conditions: (i) the Rights Offering shall be 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 Rights Offering or the transactions contemplated by this Letter.