Availability of Financing. Buyer shall have received financing in an amount sufficient to consummate the transactions contemplated under this Agreement.
Availability of Financing. Purchaser is solvent and has, or will have available to it as of the Acceptance Time, sufficient cash to consummate the Transactions, including payment of the Tender Offer Consideration at the Acceptance Time, and the amounts set forth on Annex E and all other related fees and expenses of Purchaser.
Availability of Financing. Buyer has no reason to believe that the private placement for the funds necessary to finance the Buyer to consummate the transactions contemplated by this Agreement will not be available to Buyer on the Closing Date.
Availability of Financing. Parent and Merger Sub have available to them as of the date hereof, and will have available to them at the Closing, all funds necessary to satisfy all of their obligations hereunder, including to pay the aggregate Merger Consideration and all other amounts payable under this Agreement, including the fees and expenses of Parent and Merger Sub. In no event shall the receipt or availability of any funds or financing by Parent or Merger Sub or any other financing or other transactions be a condition to any of Parent’s or Merger Sub’s obligations hereunder.
Availability of Financing. Buyer shall use its reasonable best efforts to provide that there shall have been funded into one or more escrow accounts within thirty (30) days of the date of this Agreement not less than $30,000,000 which shall be available to Buyer for the purposes of the Purchase Price payable at the Closing pursuant to this Agreement, without condition other than as relate to closing of the Contemplated Transactions, execution and delivery by Buyer of definitive securities purchase and related agreements (including, without limitation, perfection of any security interest in and to any Acquired Assets), and issuance of securities to the purchasers thereof. In the event that within such thirty (30) day period, Seller shall not have been provided evidence that such funds have been received in escrow, Seller and Globe may, at any time thereafter, (i) terminate this Agreement and receive the Termination Fee (as defined herein); (ii) terminate Section 7.5 hereof and seek an alternative transaction which Seller and Globe shall have the right to close such transaction without any liability to Buyer for payment of a Fee under Section 7.5; and/or (iii) take no action.
Availability of Financing. Parent has, or will have available to it as of the Acceptance Time and at the Closing, sufficient cash to enable Purchaser to consummate the transactions contemplated by this Agreement, including payment of the Cash Consideration at the Acceptance Time and the Merger Consideration at the Closing, and to pay all related fees and expenses of Parent, Purchaser and Merger Sub 2.
Availability of Financing. (a) Parent and Acquisition Sub will have available to them at the Acceptance Time and at the Closing, all funds necessary to consummate the Transactions and satisfy all of their obligations hereunder, including the payment of the aggregate Offer Price and aggregate Merger Consideration and the obligations of Parent pursuant to Section 3.4, and to pay any fees and expenses of or payable by Parent, Acquisition Sub, and the Surviving Corporation (the “Aggregate Cash Amount”). In no event shall the receipt or availability of any funds or financing by Parent or Acquisition Sub or any other financing or other transactions be a condition to any of Parent’s or Acquisition Sub’s obligations hereunder.
(b) Parent is a party to and has accepted a fully executed commitment letter dated November 18, 2015 (attached hereto as Exhibit A, and together with the fee letters referred to in the following sentence, the “Debt Commitment Letter”) from the financial institution or institutions identified therein (in their capacity as such, the “Debt Providers”) pursuant to which the Debt Providers have agreed to provide, subject to the terms and conditions therein, debt financing in the amounts set forth therein (the “Debt Financing”). Parent has delivered to the Company true, complete and correct copies of the executed Debt Commitment Letter and any fee letters related thereto, subject, in the case of such fee letters, to redaction solely of fee and other economic provisions that are customarily redacted in connection with transactions of this type and that could not in any event affect the availability or amount of the Debt Financing. As of the date hereof, the Debt Commitment Letter has not been amended or modified, the respective obligations and commitments contained in such letter have not been withdrawn or rescinded in any respect, and to the knowledge of Parent, no such amendment, modification, withdrawal, or rescission is contemplated. The existence or exercise of the “flex” provisions contained in the fee letters delivered to the Company with respect thereto shall not constitute an amendment or modification of the Commitment Letter. Parent or Acquisition Sub has fully paid any and all commitment fees or other fees in connection with the Commitment Letter that are payable on or prior to the date hereof and will pay in full any such amounts due on or before the Closing Date.
(c) As of the date hereof, the Debt Commitment Letter is in full force and effect and are the valid,...
Availability of Financing. The Acquisition Financing shall have been consummated on the terms set forth in the Commitments, or HTI Acquisition shall have received the proceeds of a Substitute Financing.
Availability of Financing. Goldcorp has provided to Barrick a true and complete copy of a commitment letter (the "Commitment Letter”) between Goldcorp and Bank of Montreal and The Bank of Nova Scotia, which Commitment Letter is in full force and effect on the date hereof. Goldcorp’s cash balances together with its available debt facilities and the amounts committed under the Commitment Letter are adequate to pay the Purchase Price plus Goldcorp’s share of Joint Expenses to Barrick.
Availability of Financing. Buyer will have as of the Closing sufficient funds available to consummate the transactions contemplated under this Agreement and to timely perform all of its obligations under this Agreement.
