Financial Capability. At the Closing, the Investor shall have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.
Appears in 12 contracts
Samples: Subscription Agreement, Stock Purchase Agreement (Atlantic Capital Bancshares, Inc.), Subscription Agreement (CommunityOne Bancorp)
Financial Capability. At the Closing, the Investor shall will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this AgreementAgreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investment.
Appears in 12 contracts
Samples: Stock Purchase Agreement (Anchor Bancorp Wisconsin Inc), Stock Purchase Agreement (Anchor Bancorp Wisconsin Inc), Stock Purchase Agreement (Anchor Bancorp Wisconsin Inc)
Financial Capability. At the Closing, the Investor shall have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.
Appears in 9 contracts
Samples: Investment Agreement (Coastal Financial Corp), Investment Agreement (Coastal Financial Corp), Investment Agreement (Coastal Financial Corp)
Financial Capability. At the Closing, the Such Investor shall currently has or at Closing will have available funds necessary to consummate purchase the Shares at Closing on the terms and conditions contemplated by this Agreement.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Fly Leasing LTD), Securities Purchase Agreement (Summit Aviation Partners LLC), Securities Purchase Agreement (Summit Aviation Partners LLC)
Financial Capability. At the Closing, the Investor shall will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this AgreementAgreement and the Secondary Sale Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investment.
Appears in 4 contracts
Samples: Secondary Sale Purchaser Agreement (Anchor Bancorp Wisconsin Inc), Secondary Sale Purchaser Agreement (Anchor Bancorp Wisconsin Inc), Secondary Sale Purchaser Agreement (Anchor Bancorp Wisconsin Inc)
Financial Capability. At the Closing, the The Investor shall have has available funds necessary to consummate the Closing on the terms and conditions contemplated by this AgreementAgreement and satisfy all of its obligations under this Agreement when required to do so pursuant to the terms hereof.
Appears in 4 contracts
Samples: Share Purchase Agreement (Toro Corp.), Share Purchase Agreement (Castor Maritime Inc.), Share Purchase Agreement (Toro Corp.)
Financial Capability. At the Closing, the Investor shall will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.
Appears in 4 contracts
Samples: Securities Purchase Agreement (DHT Holdings, Inc.), Stock Purchase Agreement (DHT Holdings, Inc.), Stock Purchase Agreement (DHT Holdings, Inc.)
Financial Capability. At the Closing, the The Investor shall currently has or at Closing will have available funds necessary to consummate purchase the Shares at Closing on the terms and conditions contemplated by this Agreement.
Appears in 4 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement (Fly Leasing LTD), Securities Purchase Agreement (OEP AC Holdings, LLC)
Financial Capability. At the Closing, the each Investor shall have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.
Appears in 3 contracts
Samples: Investment Agreement (Sterling Financial Corp /Wa/), Investment Agreement (Sterling Financial Corp /Wa/), Investment Agreement (Sterling Financial Corp /Wa/)
Financial Capability. At the Closing, the The Investor shall have has available funds necessary to consummate the Closing on and satisfy all of its obligations under this Agreement when required to do so pursuant to the terms and conditions contemplated by this Agreementhereof.
Appears in 3 contracts
Samples: Subscription Agreement (Toro Corp.), Subscription Agreement (Toro Corp.), Subscription Agreement (Pani Corp.)
Financial Capability. At the Closing, the The Investor shall have has available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Vallon Pharmaceuticals, Inc.), Stock Purchase Agreement (Vallon Pharmaceuticals, Inc.), Stock Purchase Agreement (Navidea Biopharmaceuticals, Inc.)
Financial Capability. At the Closing, the Closing each Investor shall will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.
Appears in 3 contracts
Samples: Standby Purchase Agreement (Trade Street Residential, Inc.), Standby Purchase Agreement (Trade Street Residential, Inc.), Standby Purchase Agreement (Trade Street Residential, Inc.)
Financial Capability. At the Closing, Closing the Investor shall will have available funds necessary to consummate the Closing Initial Closing, its obligations with respect to the Rights Offering, and the Subsequent Closing, in each case on the terms and conditions contemplated by this Agreement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (SWK Holdings Corp), Securities Purchase Agreement (Carlson Capital L P), Securities Purchase Agreement (SWK Holdings Corp)
Financial Capability. At The Investor will have at the Closing, Closing the Investor shall have available funds necessary to consummate purchase the Preferred Shares at Closing on the terms and conditions contemplated by this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Synchronoss Technologies Inc), Securities Purchase Agreement (Accretive Health, Inc.)
Financial Capability. At the Closing, the Investor shall will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this AgreementAgreement and have the ability to bear the economic risks of its prospective investment in the Purchased Shares and the ability to afford the complete loss of such investment.
Appears in 2 contracts
Samples: Stock Purchase Agreement (FJ Capital Management LLC), Stock Purchase Agreement (Centrue Financial Corp)
Financial Capability. At the Closing, Closing the Investor shall will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.
Appears in 2 contracts
Samples: Investment Agreement (Griffon Corp), Investment Agreement (Allis Chalmers Energy Inc.)
Financial Capability. At the Closing, the Investor shall will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.
Appears in 2 contracts
Samples: Standby Purchase Agreement (Central European Media Enterprises LTD), Standby Purchase Agreement (CME Media Enterprises B.V.)
Financial Capability. At The Investor currently has or at the Closing, the Investor shall Closing will have available funds necessary to consummate the Closing Closing, respectively, on the terms and conditions contemplated by this Agreement.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Myrexis, Inc.), Stock Purchase Agreement (Xstelos Holdings, Inc.)
Financial Capability. At the Closing, the The Investor shall will have available funds necessary to consummate the Closing and the Rights Offering Closing on the terms and conditions contemplated by this Agreement.
Appears in 1 contract
Samples: Investment Agreement (Mbia Inc)
Financial Capability. At the Closing, the Investor shall will have available sufficient funds necessary to consummate the Closing on transactions required to be consummated by it hereunder at the terms and conditions contemplated by this AgreementClosing.
Appears in 1 contract
Financial Capability. At the Closing, the such Anchor Investor shall will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.
Appears in 1 contract
Financial Capability. At the Closing, the The Investor shall currently has or at Closing will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.
Appears in 1 contract
Financial Capability. At the Closing, the Investor shall currently has or at Closing will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.
Appears in 1 contract
Samples: Investment Agreement (X Rite Inc)
Financial Capability. At the Closing, the Such Investor shall currently has or will have at Closing available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.
Appears in 1 contract
Samples: Securities Purchase Agreement (Ruths Hospitality Group, Inc.)
Financial Capability. At the Closing, Closing the Investor shall will have available funds funds, in each case, necessary to consummate the Closing on the terms and conditions contemplated by this AgreementAgreement and to make any other necessary payment required by the Investor contemplated hereunder and under the other Transaction Documents.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Nesco Holdings, Inc.)
Financial Capability. At the each Closing, the Investor shall have available funds necessary to consummate the such Closing on the terms and conditions contemplated by this Agreement.
Appears in 1 contract
Samples: Investment Agreement (First Federal Bancshares of Arkansas Inc)
Financial Capability. At Investor has, or will have at the Investment Closing, the Investor shall have available funds necessary to consummate the Closing make its respective Investment on the terms and conditions contemplated by this Agreement.
Appears in 1 contract
Samples: Investment Agreement (Fidelity National Information Services, Inc.)
Financial Capability. At the Closing, the Such Investor shall currently has or at Closing will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.
Appears in 1 contract
Financial Capability. At the ClosingSuch Investor currently has, the Investor shall have and at Closing will have, available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.
Appears in 1 contract
Samples: Investment Agreement (X Rite Inc)
