Common use of Available Consideration Clause in Contracts

Available Consideration. Buyer has available to it, or as of the Effective Time will have available to it, sufficient shares of authorized and unissued Buyer Common Stock and all funds necessary for the issuance and payment of the Merger Consideration and has funds available to it to satisfy its payment obligations under this Agreement.

Appears in 11 contracts

Samples: Agreement and Plan of Merger (Carolina Financial Corp), Agreement and Plan of Merger (Congaree Bancshares Inc), Agreement and Plan of Merger (Georgia-Carolina Bancshares, Inc)

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Available Consideration. Buyer has available to it, or as of the Effective Time will have available to it, sufficient shares of authorized and unissued Buyer Common Stock and all funds necessary for the issuance and payment of the Merger Consideration and has funds available to it and to satisfy its payment obligations under this Agreement.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (First Bancorp /Nc/), Agreement and Plan of Merger and Reorganization (Grandsouth Bancorporation), Agreement and Plan of Merger and Reorganization (Select Bancorp, Inc.)

Available Consideration. Buyer has available to it, or as of the Effective Time will have available to it, sufficient shares of authorized and unissued Buyer Common Stock and all funds necessary for the issuance and payment of the Merger Consideration and has funds available to it and to satisfy its payment obligations under this Agreement.

Appears in 3 contracts

Samples: Agreement and Plan of Merger and Reorganization (Entegra Financial Corp.), Agreement and Plan of Merger and Reorganization (ASB Bancorp Inc), Agreement and Plan of Merger and Reorganization (First Bancorp /Nc/)

Available Consideration. The Buyer has available to it, or as of the Effective Time will have available to it, sufficient shares of authorized and unissued Buyer Common Stock and all funds necessary for the issuance and payment of the Merger Consideration and has funds available to it to satisfy its payment obligations under this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Yadkin Valley Financial Corp), Agreement and Plan of Merger (American Community Bancshares Inc)

Available Consideration. Buyer has available to it, or as of the Effective Time will have available to it, sufficient shares of authorized and unissued Buyer Common Stock and all funds necessary for the issuance and payment of the Merger Consideration and has funds available to it and to satisfy its payment obligations (including with respect to the Cash Consideration) under this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Carolina Trust BancShares, Inc.)

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Available Consideration. Buyer has available to it, or it as of the Effective Time Time, and will have available to itit as of the Closing, sufficient shares of authorized and unissued Buyer Common Stock and all funds necessary for the issuance and payment of the Merger Consideration and has funds available to it to satisfy its payment obligations under this AgreementClosing Consideration.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cryolife Inc)

Available Consideration. Buyer has available to it, or as of the Effective Time will have available to it, sufficient shares of authorized and unissued Buyer Common Stock and all funds necessary for the issuance and payment of the Merger Consideration and has funds available to it and to satisfy its payment obligations under this Agreement.. 5.16

Appears in 1 contract

Samples: V8 Agreement and Plan of Merger (First Bancorp /Nc/)

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