Cash Availability Sample Clauses

Cash Availability. Parent has possession of, or shall have available to it, sufficient funds to consummate the transactions contemplated by this Agreement, and will cause the Purchaser to have sufficient funds available to consummate the Offer and the Merger.

Cash Availability. Purchaser has cash on hand or existing lines of credit to provide, in the aggregate, sufficient funds to consummate the Transactions, including payment in full for all Shares validly tendered into the Offers or outstanding at the Effective Time, subject to the terms and conditions of the Offers and this Agreement, and to satisfy all other costs and expenses required to be paid by Parent or Purchaser in connection therewith. As of the date hereof, there is no breach or default by Parent existing, or with notice or the passage of time may exist, under the credit or other agreements with respect to such lines of credit. Parent and Purchaser have no reason to believe that any of the conditions precedent to the draw-down of such lines of credit will not be satisfied in connection with the consummation of the Transactions.

Cash Availability. As of the date hereof, the Company has cash, ----------------- cash equivalents and marketable securities which are free, unencumbered and available for use (in the case of marketable securities, when liquidated), including for payment for the Shares in the Offer following consummation of the Offer, in the amount of at least $20 million.

Cash Availability. The Purchasers have and will have (a) on the Tender Offer Settlement Date, sufficient cash or other sources of immediately available funds to make payment for up to 100% of the Company Shares tendered in accordance to the Tender Offer, and any other amounts to be paid by it hereunder or pursuant to the Agreements to Tender on such date and (b) on the Plan Effective Date, sufficient cash or other sources of immediately available funds to make payment for the Capital Contribution and any other amounts to be paid by it hereunder on such date. The Purchasers’ obligation to satisfy their obligations under this Agreement and the Agreements to Tender is not contingent or dependent upon obtaining financing from a third-party.

Cash Availability. On the Closing Date, Liquidity shall be equal to or greater than $27,000,000 (after giving effect to any Loans made and Letters of Credit issued on the Closing Date and to the payment of all amounts required to be paid under the Confirmation Order and Plan of Reorganization).

Cash Availability. In the event Final Closing Balance Sheet reports an available amount of cash of the Company lower than Euro 500,000, the Seller shall pay to the Buyer, Euro per Euro, within three Business Days following determination and acceptance of the Final Closing Balance Sheet, an amount equal to the difference between Euro 500,000 and the available amount of cash of the Company resulting from the Final Closing Balance Sheet. In the event the Seller is required to make a cash payment to the Buyer under this Section 4.04, any such payment, to the extent actually made by the Seller to the Buyer, shall be taken into account in the determination of the Final Closing Balance Sheet and the Final Net Working Capital.

Cash Availability. Danisco and the Buyer have cash on hand or existing lines of credit to provide, in the aggregate, sufficient funds (a) to consummate the Transactions, including payment in full for all shares of Common Stock validly tendered into the Offer or outstanding at the Effective Time, subject to the terms and conditions to the Offer and this Agreement, (b) to consummate the transactions contemplated by the Stock Purchase Agreement, including payment in full for all shares of Common Stock and Series A Preferred Stock held by Eastman and its affiliates, and (c) to satisfy all other costs and expenses required to be paid by Danisco or the Buyer in connection with the foregoing. There is no breach or default by Danisco existing, or that with notice or the passage of time may exist, under the credit or other agreements with respect to such lines of credit. Danisco and the Buyer have no reason to believe that any of the conditions precedent to the draw-down of such lines of credit will not be satisfied in connection with the consummation of the Transactions or the transactions contemplated by the Stock Purchase Agreement.

Cash Availability. After giving effect to the Georgia Transactions, the aggregate unrestricted cash and cash equivalents of the Borrower and its Subsidiaries as of the end of the calendar month preceding the most recently ended calendar month (or, if the Amendment No. 3 Effective Date occurs after the 11th Business Day from the end of the most recently ended calendar month, as of the end of such most recently ended calendar month) together with the amount available for borrowing under the Revolving Credit Facility shall be at least $50,000,000.

Cash Availability. At the Closing, the Company, after receiving the Subscription Amounts, will have cash or cash equivalents of approximately $35,200,000 and approximately $6,000,000 representing the proceeds of the borrowings by the Company contemplated hereby. Such amounts, aggregating approximately $41,000,000, will be net of all liabilities of the Company as at the Closing including liability for taxes.

Cash Availability. MTM has and will use its best efforts to maintain sufficient liquid cash reserves in order to make the deferred purchase price payments referred to in Section 1.1 hereof. At the date hereof and as at the Closing, MTM has and would have sufficient liquid cash reserves to pay the entire purchase price hereunder and the cash portion of the Merger Consideration, as defined in the Merger Agreement without materially adversely affecting MTM's ability to conduct its business as presently being conducted.