Common use of Conditions to Obligations of the Lender Clause in Contracts

Conditions to Obligations of the Lender. The Lender’s obligation to consummate the Exchange is subject to the fulfillment of the following conditions at the Closing: (a) The Company shall have executed and delivered this Agreement; (b) The representations and warranties made by the Company in Article 3 hereof shall be true and correct as of date of the Closing and all covenants, agreements and conditions contained in this Agreement to be performed by the Company on or prior to the date hereof shall have been performed or complied with in all material respects; and (c) The Company shall have obtained any and all consents, permits, approvals, registrations and waivers necessary or appropriate for consummation of the Exchange and the consummation of the other transactions contemplated by this Agreement. Notwithstanding the foregoing, for the avoidance of doubt, the effectiveness of this Agreement (and the Exchange) is contingent upon the consummation of the transactions contemplated by the Purchase Agreement (the "Financing Closing"), and in the event that the Financing Closing does not occur, or the Purchase Agreement is terminated, this Agreement shall be void ab initio.

Conditions to Obligations of the Lender. The Lender’s obligation to consummate the Exchange is subject to the fulfillment of the following conditions at the Closing: (a) The Company shall have executed and delivered this Agreement; (b) The representations and warranties made by the Company in Article 3 hereof shall be true and correct as of date of the Closing and all covenants, agreements and conditions contained in this Agreement to be performed by the Company on or prior to the date hereof shall have been performed or complied with in all material respects; and (c) The Company shall have obtained any and all consents, permits, approvals, registrations and waivers necessary or appropriate for consummation of the Exchange and the consummation of the other transactions contemplated by this Agreement. Notwithstanding the foregoingforgoing, for the avoidance of doubt, the effectiveness of this Agreement (and the Exchange) is contingent upon the consummation of the transactions contemplated by the Purchase Agreement (the "Financing Closing"), and in the event that the Financing Closing does not occur, or the Purchase Agreement is terminated, this Agreement shall be void ab initio.