Conditions Precedent to Obligations of the Purchaser. The obligation of the Purchaser to consummate the purchase of the Initial Closing Purchase Securities to be purchased by the Purchaser at the Initial Closing shall be subject to each of the following conditions, any of which conditions may be waived in writing by the Purchaser in its sole discretion:

Conditions Precedent. This Agreement shall become effective upon receipt by the Administrative Agent of counterparts of this Agreement, properly executed by the Borrower, the Co- Borrower and each Lender.

Conditions Precedent. The effectiveness of this Amendment is subject to the following conditions precedent:

Subject to the terms and conditions herein contained, the Loan shall become the Commitment and available to the Borrower ONLY:

Conditions Precedent. The effectiveness of this Waiver Agreement is subject to satisfaction of the following conditions precedent (the date on which all of the following conditions are satisfied or waived in accordance with the Note, the “Waiver Effective Date”):

Conditions Precedent. This Sixth Amendment shall become effective when:

Conditions Precedent. Notwithstanding anything to the contrary set forth in this Sublease, it shall be an express condition precedent to each party’s obligations hereunder that, and this Sublease shall not be effective unless and until, Master Landlord has consented in writing to this Sublease in a form reasonably satisfactory to Subtenant. Each party shall use commercially reasonable efforts to obtain such consent, including by promptly signing Master Landlord’s commercially reasonable consent form. If Master Landlord does not consent in writing to this Sublease within thirty (30) days after Sublandlord's execution of this Sublease, then Sublandlord or Subtenant may, at any time thereafter until such approval is obtained, terminate this Sublease upon written notice to the other party, whereupon any monies previously paid by Subtenant to Sublandlord shall be reimbursed to Subtenant.

Conditions Precedent to Closing. In addition to those conditions precedent which are standard for similar transactions, closing of the Exchange will be subject to the following additional conditions:

Conditions Precedent; Effective Date. This Amendment shall be effective only if the Bank has received, on or before the date hereof (or such later date as the Bank may agree to in writing), each of the following, each in form and substance acceptable to the Bank:

Conditions Precedent to Forbearance. Lender shall not be obligated under this Agreement, and the terms of this Agreement shall not be binding on Lender, unless and until: # Borrower has duly executed and delivered to Lender this Agreement, together with a copy of resolution of its board of directors approving the terms and execution and delivery of this Agreement; # Lender has duly executed and delivered to Borrower this Agreement; and # Borrower has issued to Lender warrants to purchase 5,995,453 shares of common stock of Borrower, substantially in the form attached hereto as [Exhibit A] (the “Forbearance Warrant”).

Conditions Precedent to Settlement. The Parties, and each of their respective members, hereby agree to the following conditions precedent to the Settlement:

CONDITIONS PRECEDENT TO THE COMPANY’S OBLIGATIONS TO SELL. The obligation of the Company hereunder to issue and sell the Note to the Buyer at the Closing is subject to the satisfaction, at or before the Closing Date of each of the following conditions thereto, provided that these conditions are for the Company’s sole benefit and may be waived by the Company at any time in its sole discretion:

The Purchaser’s performance of its obligations set forth in [Article 2.3], paragraph 2 on the Closing is subject to the satisfaction of all of the terms and conditions set forth in the following items prior to the Closing. Provided, however that, the Purchaser may waive all or part of those conditions at its discretion. Waiver of all or part of the conditions precedent by the Purchaser based on the proviso hereof shall not prevent the Purchaser from claiming for compensation or indemnification as set forth in [Article 7.1], paragraph 1 or for cancellation as set forth in [Article 8.1], paragraph 2.

Conditions to ​’s Obligations. The respective obligations of ​ under this Agreement are subject to the conditions precedent that:

Conditions to Sangre Obligations. The respective obligations of the Sangre Members under this Agreement are subject to the conditions precedent that:

Conditions Precedent to the Obligations of Sellers and the

CONDITIONS PRECEDENT TO THE OBLIGATIONS OF BUYER TO CLOSE.