Common use of Financial Ability Clause in Contracts

Financial Ability. Buyer has, and will have on the Closing Date, and thereafter as needed, sufficient cash on hand from Buyer’s immediately available internal organization funds or available under a currently established committed credit facility or unutilized lines of credit with financial institutions, to consummate the transactions contemplated by this Agreement and perform its obligations hereunder.

Appears in 5 contracts

Samples: Merger Agreement (Thermo Fisher Scientific Inc.), Asset Purchase Agreement (Tree.com, Inc.), Merger Agreement (SCP Pool Corp)

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Financial Ability. The Buyer has, and will have on the Closing Date, and thereafter as needed, sufficient cash on hand from the Buyer’s or its Affiliates’ immediately available internal organization funds or available under a currently established committed credit facility or unutilized lines of credit with financial institutions, institutions to consummate pay the transactions contemplated by this Agreement and perform its obligations hereunderClosing Amount.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Green Plains Inc.), Asset Purchase Agreement (Green Plains Inc.), Asset Purchase Agreement (Green Plains Inc.)

Financial Ability. Buyer has, and will have on the Closing Date, and thereafter as needed, sufficient cash on hand from Buyer’s immediately available internal organization funds or available under a currently established committed credit facility or unutilized lines of credit with financial institutions, institutions to consummate the transactions contemplated by this Agreement Transactions and perform Buyer’s obligations hereunder (including its obligations hereunderobligation to pay the Initial Purchase Price pursuant to Section 1.2).

Appears in 2 contracts

Samples: Share Purchase Agreement, Share Purchase Agreement (Sra International Inc)

Financial Ability. Buyer The Purchaser has, and will have on the Closing Date, and thereafter as needed, sufficient cash on hand from Buyerthe Purchaser’s immediately available internal organization funds or available under a currently established committed credit facility or unutilized lines of credit with financial institutions, to consummate the transactions contemplated by this Agreement and perform its obligations hereunder.

Appears in 2 contracts

Samples: Share Purchase Agreement, Share Purchase Agreement (ExamWorks Group, Inc.)

Financial Ability. Buyer has, and will have on the Closing Date, and thereafter as needed, sufficient cash on hand from Buyer’s immediately available internal organization funds Table of Contents or available under a currently established committed credit facility or unutilized lines of credit with financial institutions, to consummate the transactions contemplated by this Agreement and perform its obligations hereunder.

Appears in 1 contract

Samples: Asset Purchase Agreement (Market Leader, Inc.)

Financial Ability. Buyer has, and will have on the Closing Date, and thereafter as needed, sufficient cash on hand from Buyer’s immediately available internal organization funds or available under a currently established committed credit facility or unutilized lines of credit with financial institutions, institutions to consummate the transactions contemplated by this Agreement Agreement, the Other Agreements and the Purchase Order and to perform its obligations hereunderhereunder and thereunder.

Appears in 1 contract

Samples: Asset Purchase Agreement (Alsius Corp)

Financial Ability. Buyer hasBuyers collectively have, and will have on the Closing Date, and thereafter as needed, sufficient cash on hand from Buyer’s Buyers’ immediately available internal organization funds or available under a currently established committed credit facility or unutilized lines of credit with financial institutions, institutions to consummate the transactions contemplated by this Agreement and perform its obligations hereunderhereunder (including, without limitation, its obligation to pay the Purchase Price pursuant to Section 1.3).

Appears in 1 contract

Samples: Asset Purchase Agreement (Warren Resources Inc)

Financial Ability. Buyer Purchaser has, and will have on the Closing Date, and thereafter as needed, sufficient cash on hand from BuyerPurchaser’s immediately available internal organization funds or available under a currently established committed credit facility or unutilized lines of credit with financial institutions, to consummate the transactions contemplated by this Agreement Contemplated Transactions and perform its obligations hereunder.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Altisource Portfolio Solutions S.A.)

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Financial Ability. Buyer Purchaser has, and will have on the Closing Date, and thereafter as needed, sufficient cash on hand from Buyer’s Purchaser's immediately available internal organization funds or available under a currently established committed credit facility or unutilized lines of credit with financial institutions, to consummate the transactions contemplated by this Agreement and perform its obligations hereunder.

Appears in 1 contract

Samples: Purchase Agreement (Symbion Inc/Tn)

Financial Ability. Buyer has, and will have on the Closing Date, and thereafter as needed, sufficient cash on hand from Buyer’s immediately available internal organization funds or available under a currently established committed credit facility or unutilized lines of credit with financial institutions, institutions to consummate the transactions contemplated by this Agreement and perform its obligations hereunderhereunder (including, without limitation, its obligation to pay the Closing Purchase Price and the Option Holder Cashout Amount pursuant to Sections 2.7(a)), 2.7(d) and 2.7(e).

Appears in 1 contract

Samples: Merger Agreement (Mantech International Corp)

Financial Ability. Buyer has, and will have on the Closing Date, and thereafter as needed, sufficient cash on hand from Buyer’s 's immediately available internal organization funds or available under a currently established committed credit facility or unutilized lines of credit with financial institutions, institutions to consummate the transactions contemplated by this Agreement and perform its obligations hereunderhereunder (including, without limitation, its obligation to pay the Assumed Liabilities pursuant to SECTION 1.2).

Appears in 1 contract

Samples: Asset Purchase Agreement (Surge Global Energy, Inc.)

Financial Ability. Buyer has, and will have on the Closing Date, and thereafter as needed, sufficient cash on hand from Buyer’s immediately available internal organization funds or available under a currently established committed credit facility or unutilized lines of credit with financial institutions, institutions to consummate pay the transactions contemplated Closing Purchase Price Estimate and Final Purchase Price as required by this Agreement and perform its obligations hereunderAgreement.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Catamaran Corp)

Financial Ability. Buyer has, and will have on As of the Closing Date, and thereafter as neededBuyer shall have, sufficient through a combination of cash on hand from Buyer’s immediately available internal organization and funds or readily available under a currently established committed credit facility or unutilized existing lines of credit and equity commitments, funds sufficient to fund Buyer’s obligations with financial institutions, respect to consummate the consummation of the transactions contemplated by this Agreement and perform its obligations hereunderAgreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Laredo Petroleum, Inc.)

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