Common use of Adequacy of Funds Clause in Contracts

Adequacy of Funds. Buyer has and on the Closing Date will have access to sufficient resources to fund the Total Consideration and has provided Seller proof thereof prior to the date of this Agreement.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Penn Traffic Co), Asset Purchase Agreement (Penn Traffic Co)

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Adequacy of Funds. Buyer has and on the Closing Date will have access to sufficient resources to fund the Total Consideration Purchase Price and has provided Seller proof thereof prior , in form reasonably satisfactory to Seller, as of the date of this Agreement.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Tops PT, LLC), Asset Purchase Agreement (Penn Traffic Co)

Adequacy of Funds. Buyer has and will have the funds required to consummate the transactions contemplated by this Agreement on the Closing Date will have access to sufficient resources to fund the Total Consideration and has provided Seller proof thereof prior to the date of this AgreementDate.

Appears in 1 contract

Samples: Stock Purchase Agreement (NexCen Brands, Inc.)

Adequacy of Funds. Buyer has and on the Closing Date will have access to sufficient resources to fund the Total Consideration and has provided Seller Sellers proof thereof prior to the date of this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Angiodynamics Inc)

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Adequacy of Funds. Buyer has and on the Closing Date will have access to sufficient resources to fund pay the Total Consideration Purchase Price and has provided Seller proof reasonable assurances thereof prior to the date of this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Nutracea)

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