Common use of Financial Ability Clause in Contracts

Financial Ability. Buyer will have sufficient cash on hand at each Closing to fund the consummation of the transactions contemplated by this Agreement and the Transaction Documents, perform its obligations under this Agreement and the Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewith.

Appears in 4 contracts

Samples: Equity Interest Purchase Agreement (American Realty Capital Healthcare Trust Inc), Equity Interest Purchase Agreement (American Realty Capital Trust V, Inc.), Equity Interest Purchase Agreement (American Realty Capital Properties, Inc.)

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Financial Ability. Buyer has, and will have sufficient cash on hand at each Closing to fund the consummation as of the transactions Closing Date, sufficient funds with which to pay the Purchase Price and consummate the transaction contemplated by this Agreement and the Transaction Documents, perform its obligations under this Agreement and the Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewithAgreement.

Appears in 4 contracts

Samples: Purchase and Sale Agreement (Rio Vista Energy Partners Lp), Purchase and Sale Agreement (Penn Octane Corp), Purchase and Sale Agreement (Penn Octane Corp)

Financial Ability. Buyer On the date hereof and on the Closing Date, the Buyers have and will have sufficient cash funds on hand at each Closing sufficient to fund pay the consummation of Purchase Price and otherwise to consummate the transactions contemplated hereby and by this Agreement and the other Transaction Documents, perform its obligations under this Agreement and the Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewith.

Appears in 2 contracts

Samples: Share Purchase Agreement, Share Purchase Agreement (Harman International Industries Inc /De/)

Financial Ability. As of the Closing, Buyer will have sufficient cash on hand at each Closing funds, in the aggregate, to fund the consummation of consummate the transactions contemplated by this Agreement Agreement, including the payment of the Base Purchase Price, and the Transaction Documents, perform its obligations under this Agreement and the Transaction Documents and to satisfy all other costs and expenses of Buyer arising in connection herewith and therewithherewith.

Appears in 2 contracts

Samples: Stock Purchase Agreement, Stock Purchase Agreement (CVS Caremark Corp)

Financial Ability. Buyer has access to, and on the Closing Date will have have, sufficient cash funds available to purchase the Shares on hand at each Closing the terms and conditions contemplated by this Agreement, to fund consummate the consummation of the other transactions contemplated by this Agreement and the Transaction Documents, perform its obligations under this Agreement and the Transaction Documents and satisfy to pay all other associated costs and expenses arising in connection herewith and therewithrequired to be paid by Buyer.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Walter Investment Management Corp), Stock Purchase Agreement (Walter Investment Management Corp)

Financial Ability. Buyer has (and will have sufficient cash on hand at each Closing to fund the consummation as of the transactions Closing have) sufficient committed cash to enable Buyer to consummate the transaction contemplated by this Agreement Agreement, the Ancillary Agreements and the Transaction Documents, perform its obligations under this Agreement and the Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewithagreement, documents or arrangements relating to the DIP Financing.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Sito Mobile, Ltd.), Asset Purchase Agreement (Hipcricket, Inc.)

Financial Ability. Buyer Parties have, and will have sufficient cash on hand at each Closing to fund the consummation as of the transactions Closing Date, sufficient funds with which to pay the Purchase Price and consummate the transaction contemplated by this Agreement and the Transaction Documents, perform its obligations under this Agreement and the Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewithAgreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Penn Octane Corp), Purchase and Sale Agreement (Rio Vista Energy Partners Lp)

Financial Ability. At the Closing, Buyer will have sufficient cash on hand at each Closing all funds necessary to fund pay the consummation of Purchase Price and to consummate the transactions contemplated by this Agreement and the Transaction Documents, perform its obligations under this Agreement and the Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewithAgreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Enstar Group LTD)

Financial Ability. The Buyer now has, and as of the Closing will have have, sufficient cash on hand at each Closing or other immediately available funds to fund the consummation of consummate the transactions contemplated by this Agreement and the Transaction Documents, perform its obligations under this Agreement and the Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewith.

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement (Martin Midstream Partners L.P.)

Financial Ability. Buyer has and on the Closing Date will have sufficient cash funds available to purchase the Shares on hand at each Closing the terms and conditions contemplated by this Agreement, to fund consummate the consummation of the other transactions contemplated by this Agreement and the Transaction Documents, perform its obligations under this Agreement and the Transaction Documents and satisfy to pay all other associated costs and expenses arising in connection herewith and therewithrequired to be paid by Buyer.

Appears in 1 contract

Samples: Stock Purchase Agreement (CNO Financial Group, Inc.)

Financial Ability. The Buyer will have on the Closing Date sufficient cash on hand at each Closing and financial ability and resources to fund the consummation of consummate the transactions contemplated by this Agreement and the Transaction Documents, Ancillary Agreements and to perform its obligations under this Agreement hereunder and the Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewith.thereunder

Appears in 1 contract

Samples: Purchase Agreement (Jason Industries, Inc.)

Financial Ability. The Buyer has, and will have through the Closing and at all times thereafter when and as required by this Agreement have, sufficient immediately available funds to pay in cash on hand at each Closing the amount of the Purchase Price and all other amounts payable pursuant to fund the consummation this Agreement to consummate all of the transactions contemplated by this Agreement hereby and the Transaction Documents, perform its obligations under this Agreement and the Transaction Documents and to satisfy all other costs and expenses of the Buyer arising in connection herewith and therewithwith the transactions contemplated hereby.

Appears in 1 contract

Samples: Equity Interests Purchase Agreement (Redwood Trust Inc)

Financial Ability. Buyer will have have, as of the Closing Date, sufficient cash on hand at each Closing funds to pay the Purchase Price (in Dollars) and otherwise fund (in Dollars) the consummation of the transactions contemplated by this Agreement and the Transaction Documentssatisfy (in Dollars) all other costs, perform its expenses and obligations under arising in connection with this Agreement and the Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewithtransactions contemplated hereby.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Sandridge Energy Inc)

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Financial Ability. The Buyer will have have, as of the Closing, sufficient cash on hand at each Closing sources of financing in order to fund the consummation of consummate the transactions contemplated by this Agreement and the Transaction Documents, perform to fulfill all of its obligations under this Agreement and hereunder, including, but not limited to, payment of the Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewithPurchase Price at Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Tollgrade Communications Inc \Pa\)

Financial Ability. Buyer will have has, and on the Closing Date shall have, sufficient cash on hand at each Closing funds available to fund the consummation enable it to pay all amounts payable pursuant to this Agreement, to consummate all of the transactions contemplated by this Agreement hereby and the Transaction Documents, perform its obligations under this Agreement and the Transaction Documents and to satisfy all other costs and expenses of Buyer arising in connection herewith and therewithherewith.

Appears in 1 contract

Samples: Master Transaction Agreement (Hallmark Financial Services Inc)

Financial Ability. The Buyer will has, and shall have at the Closing, sufficient cash on hand at each Closing funds to fund permit the consummation of Buyer to consummate the transactions contemplated by this Agreement and the Transaction Documents, perform its obligations under this Agreement and the Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewith.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Vail Resorts Inc)

Financial Ability. Each of the Buyer Companies has, and will have on the Closing Date, sufficient cash on hand at each Closing to fund the consummation of consummate the transactions contemplated by this Agreement and the other Transaction Documents, Documents and perform its obligations under this Agreement hereunder and the Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewiththereunder.

Appears in 1 contract

Samples: Merger Agreement (Mens Wearhouse Inc)

Financial Ability. As of the date of this Agreement, the Buyer has, and as of the Closing Date, will have have, sufficient cash on hand at each Closing in immediately available funds to fund pay the consummation Purchase Price and all of its fees and expenses in order to consummate the transactions contemplated by this Agreement and the Transaction Documents, perform its obligations under this Agreement and the Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewithAgreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Hollinger International Inc)

Financial Ability. Buyer has, and will have sufficient cash on hand at each Closing to fund the consummation as of the transactions -------------------- Closing Date, sufficient funds with which to pay the Purchase Price and consummate the transaction contemplated by this Agreement and the Transaction Documents, perform its obligations under this Agreement and the Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewithAgreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Rio Vista Energy Partners Lp)

Financial Ability. Buyer has on the date hereof and will have on the Closing Date sufficient cash on hand at each Closing to fund the consummation of the transactions contemplated by this Agreement immediately available funds available and the Transaction Documents, financial ability to pay the Purchase Price and to perform its obligations under this Agreement and the other Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewithAgreements.

Appears in 1 contract

Samples: Stock Purchase Agreement (3d Systems Corp)

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