CASH TRANSACTION. The Buyer represents and warrants that Buyer presently has sufficient cash and assets to pay the Purchase Price in full. This Agreement is not contingent in any way upon Buyer obtaining a mortgage or any other type of financing to complete the purchase or selling any other property. If Buyer does apply for a mortgage and the mortgage company requires inspections of the Property they must be done in a reasonable time and upon reasonable advance notice, and the cost of those inspections and repairs is the responsibility of the Buyer and not the Seller.
CASH TRANSACTION. The Buyer represents and warrants that Buyer presently has sufficient cash and assets to pay the Purchase Price in full. This Agreement is not contingent in any way upon Buyer obtaining a mortgage or any other type of financing to complete the purchase or selling any other property. If Buyer does apply for a mortgage and the mortgage company requires an appraisal of the Property it must be completed promptly and upon reasonable advance notice, and the cost of the appraisal and any repairs is the responsibility of the Buyer and not the Seller. Buyer’s obligation to close as provided herein shall not be delayed or abated due to any such appraisal, or the receipt of a mortgage or any other type of financing.
CASH TRANSACTION. If the SPAC consummates a Change of Control transaction prior to the Expiration Time in which the consideration to be received by the SPAC’s stockholders consists solely of cash (a “Cash Transaction”), the terms of which ascribe a Fair Market Value to the Warrant Units greater than the Exercise Price, then (a) this Warrant shall be deemed to have been automatically exercised on a net exercise issue basis on the Exercise Date as contemplated by Section 2.2(b), and (b) the Holder shall have the right thereafter to receive the same cash consideration as it would have been entitled to receive upon the occurrence of such Change of Control transaction if it had been, immediately prior to such Change of Control, a holder of the number of Warrant Units then issuable upon exercise in full of this Warrant, less the Aggregate Exercise Price. In the event of a Cash Transaction, the terms of which ascribes a Fair Market Value to the Warrant Units less than the Exercise Price, then this Warrant will expire immediately prior to the consummation of such Cash Transaction.
CASH TRANSACTION. In the event that Seller specifies that part or all of the Purchase Price shall be payable in cash, Purchaser shall wire transfer the funds consistent with Seller’s wire transfer instructions.
CASH TRANSACTION. 9.1 MERCHANT shall not receive any payments from a cardholder with respect to charges for merchandise or services which are included on the SALES DRAFT resulting from the use of a CARD, nor shall MERCHANT receive money from a cardholder and subsequently prepare a credit voucher for purpose of affecting a deposit to the cardholder's account.
9.2 Cash disbursement by MERCHANT to a cardholder is not permitted. MERCHANT shall not make any cash advance to an employee or principal of MERCHANT, or family member of the same, who is a cardholder.
9.3 MERCHANT will not accept SALES from cardholders related to the business where the primary purpose of the transaction is for the provision of working capital to said business and not the purchase of goods and/or services from the business.
CASH TRANSACTION. The Cardholder may avail of a cash Transaction through ATMs and settlement organizations. To avail of the cash transaction, the Cardholder shall use a confidential Personal Identification Number (PIN), provided by the Card Issuer. Please refer to the fees and charges brochure for full details on Cash Transaction limits. It is understood and agreed that all Cash Transactions made with the Card shall solely be made by a Cardholder. The Cardholder hereby expressly waives the presentation of any supporting document in relation to any Card Transaction, and acknowledges that the records of the Card Issuer are conclusively presumed to be correct. The Card Issuer reserves the right to limit the value of each Cash Transaction and/or the total value of all Cash Transactions on the Card in a day, without notice to the Cardholder, to an amount determined and/or amended at the Card Issuer’s sole discretion.
CASH TRANSACTION. 9 Self-liquidating paper ...............................................9
CASH TRANSACTION. For all purposes under the Agreement, including without limitation Sections 1.4(h), 1.4(i), 1.4(j), 1.10, 5.5 and 6.2 and Article IV thereof, the Merger shall be deemed to be a "Cash Transaction" as defined in Section 1.4(a) of the Agreement, as Section 1.4(a) is amended and replaced in its entirety pursuant to Section 8 below.
CASH TRANSACTION. If, on or prior to July 21, 2004, a Change of Control occurs in which all or a portion of the consideration received by the Company's shareholders is in cash then, notwithstanding any other provision of this Agreement or the Notes, a Holder of a Note may elect to receive in connection with the Change of Control Payment pursuant to Section 8.18(b) an amount equal to the product of (x) the Cash Percentage and (y) the difference between the Full Accreted Value of such Note and the Accreted Value of such Note on the date such Change of Control occurs (the "Full Cash Payment"); PROVIDED, HOWEVER, that if the Holder of a Note elects not to have the Company purchase all or any portion of its Note pursuant to Section 8.18(b), such Holder shall not be entitled to the Full Cash Payment. The "CASH PERCENTAGE" means the ratio (expressed as a percentage) of cash received by the Company's shareholders in a Change of Control described in the first sentence of this Section 8.18(a) to the Fair Market Value of all consideration (including, without limitation, such cash portion) received by the Company's shareholders in such Change of Control. The Fair Market Value shall be determined in accordance with Section 8.18(c).
CASH TRANSACTION. 7.1.1 If the Company consummates a Change of Control transaction prior to the Final Expiration Time in which the consideration to be received by the Company’s stockholders consists solely of cash (a “Cash Transaction”), the terms of which ascribe a Fair Market Value to the Warrant Shares greater than the Exercise Price, then:
(a) with respect to all Warrant Shares that had vested in full and are then exercisable on the Exercise Date as contemplated by Section 2.2(b), this Warrant shall be deemed to have been automatically exercised on a net exercise issue basis as of the date of consummation of such Change of Control, and the Holder shall have the right thereafter to receive the same cash consideration as it would have been entitled to receive upon the occurrence of such Change of Control transaction if it had been, immediately prior to such Change of Control, a holder of the number of Warrant Shares then issuable upon exercise in full of this Warrant, less the Aggregate Exercise Price; and
(b) with respect to any Warrant Shares that have not vested prior to such Change of Control transaction, this Warrant shall be converted into the right of the Holder to receive, and the acquiring, surviving or successor entity shall assume the obligation to pay to the Holder, upon any vesting of any such remaining Warrant Shares pursuant to Section 1, the same cash consideration that the Holder would have been entitled to receive upon the vesting and exercise of such Warrant Shares, calculated based on the consideration that would have been paid to the Holder in such Change of Control transaction, less the Aggregate Exercise Price (calculated based on the Exercise Price immediately preceding the effective date of the Change of Control transaction).
(c) For the avoidance of doubt, the right of the Holder to receive cash consideration under this Section 7.1.1 shall be subject to the same restrictions on transfer of the Warrant as set forth in Section 5.1.
