Common use of Available Funds Clause in Contracts

Available Funds. Parent and Merger Sub have available to them, or as of the Effective Time will have available to them, all funds necessary for the payment to the Paying Agent of the aggregate Per Share Merger Consideration and to satisfy all of their obligations under this Agreement.

Appears in 9 contracts

Samples: Agreement and Plan of Merger (Hanmi Financial Corp), Merger Agreement (Terraform Global, Inc.), Merger Agreement (Hanmi Financial Corp)

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Available Funds. Parent and Merger Sub have available to them, or and as of the Effective Time will have available to them, all sufficient funds necessary for the payment to the Paying Agent of the aggregate Per Share Merger Consideration and to satisfy all of their respective obligations under this Agreement.

Appears in 3 contracts

Samples: Merger Agreement, Merger Agreement (PetroLogistics LP), Merger Agreement (Molex Inc)

Available Funds. Parent and Merger Sub have available to them, or as of the Effective Time will have available to them, them all funds necessary for the payment to the Paying Agent of the aggregate Per Share Merger Preferred Cash Consideration and to satisfy all of their obligations under this Agreementthe Fractional Share Consideration.

Appears in 3 contracts

Samples: Merger Agreement (Remark Media, Inc.), Merger Agreement (Banks.com, Inc.), Merger Agreement (Remark Media, Inc.)

Available Funds. Parent and Merger Sub have available to them, or as of the Effective Time will have available to them, all funds necessary for the payment to the Paying Agent of the aggregate Per Share Merger Consideration and to satisfy all of their obligations other amounts payable by Parent and/or Merger Sub (including the Surviving Corporation) under this Agreement.

Appears in 3 contracts

Samples: Merger Agreement (Banta Corp), Merger Agreement (RR Donnelley & Sons Co), Merger Agreement (Banta Corp)

Available Funds. Parent and Merger Sub have available to them, or as of the Effective Time will have available to them, all funds necessary for the payment of all amounts required to the Paying Agent of the aggregate Per Share Merger Consideration be paid by Parent pursuant to Section 2.2 and to satisfy pay all of their obligations under this Agreement.

Appears in 2 contracts

Samples: Merger Agreement (Supervalu Inc), Merger Agreement (Unified Grocers, Inc.)

Available Funds. At the Effective Time, Parent and Merger Sub have available to them, or as of the Effective Time will have available to them, them all funds necessary for the payment to the Paying Agent of the aggregate Per Share Merger Consideration and to satisfy all of their obligations under this Agreement.

Appears in 2 contracts

Samples: Merger Agreement (Cubist Pharmaceuticals Inc), Merger Agreement (Optimer Pharmaceuticals Inc)

Available Funds. Parent and Merger Sub have available to them, or as of the Effective Time will have available to them, all funds necessary for the payment to the Paying Exchange Agent of the aggregate Per Share Merger Consideration and to satisfy all of their obligations under this Agreement.

Appears in 2 contracts

Samples: Merger Agreement (Priceline Com Inc), Merger Agreement (KAYAK Software Corp)

Available Funds. Parent and Merger Sub have available to them, or as of the Effective Time will have available to them, all funds necessary for the payment to the Paying Exchange Agent of the aggregate Per Share Merger Consideration and to satisfy all of their obligations under this AgreementConsideration.

Appears in 2 contracts

Samples: Merger Agreement (At&t Inc.), Merger Agreement (Directv)

Available Funds. Parent and Merger Sub have available to them, or as of the Effective Time will have available to them, all funds necessary (a) for the payment to the Paying Exchange Agent of the aggregate Per Share Merger Consideration Consideration, (b) for the payment of the FCC Payment and (c) to satisfy all of their obligations under this Agreement.

Appears in 2 contracts

Samples: Merger Agreement (Straight Path Communications Inc.), Merger Agreement (Straight Path Communications Inc.)

Available Funds. Parent and Merger Sub have available to them, or as of the Effective Time will have available to them, all funds necessary for the payment to the Paying Agent of the aggregate Per Share Merger Consideration and to satisfy the payment of all of their obligations amounts under this AgreementSection 4.3.

Appears in 2 contracts

Samples: Merger Agreement (RR Donnelley & Sons Co), Merger Agreement (Bowne & Co Inc)

Available Funds. Parent and Merger Sub have available to them, or as of the Effective Time will have available to them, all funds necessary for the payment to the Paying Agent of the aggregate Per Share Merger Consideration and to satisfy all of their obligations under this Agreement.

Appears in 2 contracts

Samples: Merger Agreement (Viking Systems Inc), Agreement and Plan of Merger (Conmed Corp)

Available Funds. Parent and Merger Sub have available to themavailable, or as of the Effective Time and will have available to themat the Effective Time, all funds necessary for the payment to the Paying Agent of the aggregate Per Share Merger Consideration and to satisfy sufficient for the satisfaction of all of their Parent’s and Merger Sub’s obligations under this Agreement.

Appears in 2 contracts

Samples: Merger Agreement, Merger Agreement (Dresser-Rand Group Inc.)

Available Funds. Parent and Merger Sub have available to them, or and as of the Effective Time will have available to them, all funds necessary for the payment to the Paying Agent of the aggregate Per Share Merger Consideration and to satisfy all of their obligations under this Agreement.

Appears in 1 contract

Samples: Merger Agreement (Lifeline Systems, Inc.)

Available Funds. Parent and Merger Sub have available to them, or as of the Effective Time will have available to them, all funds necessary for the payment to the Paying Agent of the aggregate Per Share Initial Merger Consideration and to satisfy all of their obligations under pay such other amounts payable pursuant to this Agreement.

Appears in 1 contract

Samples: Merger Agreement (Pharmion Corp)

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Available Funds. Parent and Merger Sub have available to them, or as of the Effective Time will have available to them, all funds necessary for the payment to the Paying Agent of the aggregate Per Share Merger Consideration and to satisfy all of their obligations under this AgreementConsideration.

Appears in 1 contract

Samples: Merger Agreement (Maverick Tube Corp)

Available Funds. As of the Effective Time, Parent and Merger Sub have available to them, or as of the Effective Time will have available to them, them all funds necessary for the payment to the Paying Exchange Agent of the aggregate Per Share Merger Consideration and to satisfy all of their obligations under this AgreementConsideration.

Appears in 1 contract

Samples: Merger Agreement (Versum Materials, Inc.)

Available Funds. Parent and Merger Sub have available to them, or as of the Effective Time will have available to them, them all funds necessary for the payment to the Paying Agent of the aggregate Per Share Merger Consideration and to satisfy all of their obligations under pay such other amounts payable pursuant to this Agreement.

Appears in 1 contract

Samples: Merger Agreement (Amgen Inc)

Available Funds. Parent and Merger Sub currently have available to them, or as of the Effective Time will have available to them, them all funds necessary for the payment to the Paying Agent of the aggregate Offer Price and the aggregate Per Share Merger Consideration and to satisfy all of their obligations under this Agreement, including amounts payable under Section 4.3.

Appears in 1 contract

Samples: Merger Agreement (Idenix Pharmaceuticals Inc)

Available Funds. As of the Effective Time, Parent and Merger Sub have available to them, or as of the Effective Time will have available to them, them all funds necessary for the payment to the Paying Agent of the aggregate Per Share Merger Consideration and to satisfy all of their obligations under this Agreement.

Appears in 1 contract

Samples: Merger Agreement (Sierra Health Services Inc)

Available Funds. As of the Effective Time, Parent and Merger Sub have available to them, or as of the Effective Time will have available to them, them all funds necessary for the payment to the Paying Agent of the aggregate Per Share Merger Consideration and to satisfy all of their obligations under this Agreement.

Appears in 1 contract

Samples: Merger Agreement (Learning Care Group, Inc)

Available Funds. Parent and Merger Sub have available to them, or as of the Effective Time will have available to them, all funds necessary for the payment to the Paying Agent of the aggregate Per Share Merger Consideration and to satisfy the cash value of all of their obligations under this AgreementCompany Options, Company Restricted Shares and Company Awards.

Appears in 1 contract

Samples: Merger Agreement (Hydril Co)

Available Funds. Parent and Merger Sub have available to them, or as of and at all times prior to the Effective Time Time, will have available to them, all funds necessary for the payment to the Paying Agent of the aggregate Per Share Merger Consideration Exchange Fund and to satisfy all of their obligations under this Agreement.

Appears in 1 contract

Samples: Merger Agreement (Arkona Inc)

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