Common use of Conditions to the Obligations of the Backstop Parties Clause in Contracts

Conditions to the Obligations of the Backstop Parties. The obligations of each of the Backstop Parties to effect the Closing shall be subject to the following conditions: (a) the representations and warranties of the Company contained in this Agreement shall be true and correct as of the date hereof and as of the Registration Effective Date (except to the extent that any such representation and warranty expressly speaks as of an earlier date, in which case such representation and warranty shall be true and correct as of such earlier date); and (b) the Company shall have performed in all material respects all of its obligations hereunder required to be performed by it at or prior to the Closing.