Common use of Financial Capability Clause in Contracts

Financial Capability. At the Closing, such Purchaser shall have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.

Appears in 8 contracts

Samples: Securities Purchase Agreement (Central Federal Corp), Subordinated Note Purchase Agreement (Tectonic Financial, Inc.), Subordinated Note Purchase Agreement (Southern National Bancorp of Virginia Inc)

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Financial Capability. At the each Closing, such Purchaser shall have available funds necessary to consummate the such Closing on the terms and conditions contemplated by this Agreement.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Hampton Roads Bankshares Inc), Securities Purchase Agreement (Hampton Roads Bankshares Inc), Securities Purchase Agreement (Hampton Roads Bankshares Inc)

Financial Capability. At the Closing, such The Purchaser shall have available has funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.

Appears in 5 contracts

Samples: Securities Purchase Agreement (CONTRAFECT Corp), Stock Purchase Agreement (CONTRAFECT Corp), Share Subscription Agreement (Incyte Corp)

Financial Capability. At the Closing, such Purchaser shall will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.

Appears in 5 contracts

Samples: Investment Agreement (DBD Cayman, Ltd.), Investment Agreement (Boston Private Financial Holdings Inc), Investment Agreement (Pacific Capital Bancorp /Ca/)

Financial Capability. At the Closing, such the Purchaser shall have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Bancorp 34, Inc.), Securities Purchase Agreement (Pathfinder Bancorp, Inc.), Securities Purchase Agreement (Castle Creek Capital Partners V, LP)

Financial Capability. At the Closing, such Purchaser shall have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreementthe Transaction Documents.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Business First Bancshares, Inc.), Subordinated Note Purchase Agreement (Business First Bancshares, Inc.), Subordinated Note Purchase Agreement (Business First Bancshares, Inc.)

Financial Capability. At the Closing, such The Purchaser shall have has available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.

Appears in 4 contracts

Samples: Securities Purchase Agreement (TDH Holdings, Inc.), Securities Purchase Agreement (Wheeler Real Estate Investment Trust, Inc.), Securities Purchase Agreement (Wheeler Real Estate Investment Trust, Inc.)

Financial Capability. At Purchaser currently has, and at the ClosingClosing will have, such Purchaser shall have available funds necessary to pay the funds described in Section 1.2(b)(2) and to consummate the Closing on the terms and conditions contemplated by this Agreement.

Appears in 4 contracts

Samples: Investment Agreement (North American Financial Holdings, Inc.), Investment Agreement (North American Financial Holdings, Inc.), Investment Agreement (Green Bankshares, Inc.)

Financial Capability. At the Closing, such Purchaser shall will have available to it sufficient funds necessary to consummate enable such Purchaser to pay in full at the Closing on the terms and conditions contemplated by entire amount of such Purchaser’s funding obligation pursuant to Section 1.2 of this Agreement.

Appears in 3 contracts

Samples: Note Purchase Agreement (Tuesday Morning Corp/De), Note Purchase Agreement (Tuesday Morning Corp/De), Securities Purchase Agreement (Earthstone Energy Inc)

Financial Capability. At the Closing, such Such Purchaser shall have currently has available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Washington Mutual, Inc), Securities Purchase Agreement (Washington Mutual, Inc), Securities Purchase Agreement (Washington Mutual, Inc)

Financial Capability. At the Closing, such Purchaser shall will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.

Appears in 3 contracts

Samples: Investment Agreement (North American Financial Holdings, Inc.), Investment Agreement (North American Financial Holdings, Inc.), Investment Agreement (Tib Financial Corp.)

Financial Capability. At the ClosingSuch Purchaser currently has, such Purchaser shall have or at Closing will have, available funds necessary to consummate purchase the Securities at Closing on the terms and conditions contemplated by this Agreement.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Scientific Industries Inc), Securities Purchase Agreement (Scientific Industries Inc), Securities Purchase Agreement (Scientific Industries Inc)

Financial Capability. At the Closing, such Purchaser shall have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Hampton Roads Bankshares Inc), Securities Purchase Agreement (Hampton Roads Bankshares Inc)

Financial Capability. At the Closing, such The Purchaser shall have has available funds necessary to consummate the Initial Closing and any Drawdown Closing on the terms and conditions contemplated by this Agreement.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Strategic Storage Trust VI, Inc.), Preferred Stock Purchase Agreement (SmartStop Self Storage REIT, Inc.)

Financial Capability. At the Closing, such Purchaser shall have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.

Appears in 2 contracts

Samples: Subordinated Note Purchase Agreement (Citizens Community Bancorp Inc.), Form of Subscription Agreement (United Community Banks Inc)

Financial Capability. At the ClosingSuch Purchaser currently has, such Purchaser shall have 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 2 contracts

Samples: Securities Purchase Agreement (Equity Bancshares Inc), Securities Purchase Agreement (Eclipse Resources Corp)

Financial Capability. At the Closing, such The Purchaser shall have available currently has funds necessary to consummate the each Closing on the terms and conditions contemplated by this Agreement.

Appears in 2 contracts

Samples: License and Option Agreement (Spark Therapeutics, Inc.), Stock Purchase Agreement (Selecta Biosciences Inc)

Financial Capability. At the Closing, such Purchaser shall will have available funds necessary to pay the Purchase Price and consummate the Closing on the terms and conditions contemplated by this Agreement.

Appears in 2 contracts

Samples: Investment Agreement (AlTi Global, Inc.), Investment Agreement (AlTi Global, Inc.)

Financial Capability. At the Closing, such Closing Purchaser shall 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 (National City Corp)

Financial Capability. At the Closing, such Purchaser shall have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Purchase Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Bankwell Financial Group, Inc.)

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Financial Capability. At the Closing, such Purchaser shall have currently has available funds necessary to consummate the Closing on the terms and conditions contemplated by this AgreementAgreement and the Credit Agreements.

Appears in 1 contract

Samples: Investment Agreement (Sirius Xm Radio Inc.)

Financial Capability. At the ClosingSuch Purchaser currently has, such Purchaser shall have or at Closing will have, available funds necessary to consummate purchase the Units at Closing on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Securities Purchase Agreement (Scientific Industries Inc)

Financial Capability. At the Closing, such the Purchaser shall will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Securities Purchase Agreement (Bold Energy Holdings, LLC)

Financial Capability. At The Purchaser currently has and at the Closing, such Purchaser shall Closing will have available all funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Securities Purchase Agreement (Dell Inc)

Financial Capability. At the Closing, such Such Purchaser shall currently has or will have available at the Closing the funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Securities Purchase Agreement (JetPay Corp)

Financial Capability. At the Closing, such The Purchaser shall at each Closing will have available funds necessary to consummate each Closing of the Closing Purchase Securities to be purchased by it on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Warrant Agreement (Plymouth Industrial REIT, Inc.)

Financial Capability. At the Closing, Closing such Purchaser shall will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Angiotech Pharmaceuticals Inc)

Financial Capability. At the Closing, such Purchaser shall will have available at Closing sufficient funds necessary to consummate effect the Closing on the terms and conditions all other transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Share Purchase Agreement (Compass Group Diversified Holdings LLC)

Financial Capability. At the Closing, such Purchaser shall have available funds necessary to consummate the Closing and deliver the Purchase Price to the Company on the terms and conditions contemplated by this Agreementthe Transaction Documents.

Appears in 1 contract

Samples: Subordinated Note Purchase Agreement (First Western Financial Inc)

Financial Capability. At the Closing, such Purchaser shall currently has or will have available at the Closing the funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Securities Purchase Agreement (JetPay Corp)

Financial Capability. At the ClosingThe Buyer currently has, such Purchaser shall have or at Closing will have, available funds necessary to consummate fund the Closing Purchase Price on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Purchase Agreement (Great Basin Scientific, Inc.)

Financial Capability. At the Closing, such the Purchaser 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 Notes and can afford the complete loss of such investment.

Appears in 1 contract

Samples: Purchase Agreement (Anchor Bancorp Wisconsin Inc)

Financial Capability. At the Closing, such immediately upon the consummation of the Acquisition, the Purchaser shall will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Securities Purchase Agreement (Bold Energy Holdings, LLC)

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