Common use of Conditions to Parties Obligations Clause in Contracts

Conditions to Parties Obligations. The obligations of Obalon and ReShape to consummate the transactions contemplated by this Agreement are subject to the satisfaction or waiver by Obalon and ReShape of the following conditions: (a) The Obalon Stockholder Approval shall have been attained. (b) The ReShape Stockholder Approval shall have been attained. ​ (c) No provision of any applicable Law and no order (preliminary or otherwise) shall be in effect that prohibits the consummation of the Merger or the other transactions contemplated hereby. (d) The Registration Statement shall have become effective under the Securities Act and no stop order suspending the use of the Registration Statement or the Joint Proxy Statement shall have been issued by the SEC. (e) There shall be no Action pending against Obalon, Merger Sub or ReShape by any Governmental Body seeking to enjoin or make illegal, delay or otherwise restrain or prohibit the consummation of, or to have rescinded, the Merger. (f) NASDAQ shall have approved the Nasdaq Filings.