Conditions to the Purchasers’ Obligation. The obligation of the Purchaser to purchase and pay for the Security is subject to the satisfaction (or waiver by Purchaser) of the following conditions as of the Closing Date: (a) the representations and warranties of the Seller made in this Agreement shall be true and correct in all respects, as of the date hereof and as of each of the Closing Dates as though then made; (b) the Seller shall have delivered to the Purchaser the documents or instruments contemplated by Section 2(b) above.
Appears in 2 contracts
Sources: Security Purchase Agreement (Emisphere Technologies Inc), Security Purchase Agreement (Emisphere Technologies Inc)
Conditions to the Purchasers’ Obligation. The obligation of the Purchaser to purchase and pay for the Security Securities is subject to the satisfaction (or waiver by Purchaser) of the following conditions as of the Closing Date:
(a) the representations and warranties of the Seller made in this Agreement shall be true and correct in all respects, as of the date hereof and as of each of the Closing Dates Date as though then made;; and
(b) the Seller shall have delivered to the Purchaser the documents or instruments contemplated by Section 2(b) above.
Appears in 1 contract
Sources: Securities Purchase Agreement (Isis Pharmaceuticals Inc)