Common use of Financial Ability to Perform Clause in Contracts

Financial Ability to Perform. Parent has delivered to the Company prior to the date of this Agreement a letter from a financing source acceptable to the Company regarding its commitment to fund an amount sufficient to pay the Merger Consideration. As of the date of this Agreement, Parent knows of no reason that the financing source will not be able to consummate the Financing.

Appears in 6 contracts

Samples: Merger Agreement (Fresh Juice Co Inc), Merger Agreement (Fresh Juice Co Inc), Agreement and Plan of Merger (Saratoga Beverage Group Inc)

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