Common use of Conditions to Closings Clause in Contracts

Conditions to Closings. (a) Conditions to the Company’s Obligations. The obligations of the Company pursuant to Section 2.1(a) in connection with each Closing are subject to the satisfaction, or waiver in accordance with this Agreement, of the following conditions on or before the applicable Closing Date: (i) the representations and warranties of each Purchaser contained herein shall be true and correct as of the applicable Closing Date (unless expressly made as of an earlier date herein in which case they shall be accurate as of such date); (ii) all obligations, covenants and agreements required to be performed by any Purchaser on or prior to the applicable Closing Date (other than the obligations set forth in Section 2.1(a) to be performed at such Closing) shall have been performed; and (iii) the delivery by each Purchaser of the items each Purchaser is required to deliver prior to the applicable Closing Date pursuant to Section 2.2.