Common use of Financial Capability Clause in Contracts

Financial Capability. Investor presently has the financial capacity and the necessary capital to perform its obligations hereunder and shall and has provided to the Company such financial and other information that the Company has requested to demonstrate such capacity.

Appears in 34 contracts

Samples: Private Equity Credit Agreement (Imaging Diagnostic Systems Inc /Fl/), Private Equity Credit Agreement (Global Matrechs, Inc.), Private Equity Credit Agreement (Pure Vanilla Exchange Inc)

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Financial Capability. Investor presently has the financial capacity and the necessary capital to perform its obligations hereunder and shall and has provided to the Company such financial and other information that the Company has requested to demonstrate such capacityhereunder.

Appears in 32 contracts

Samples: Equity Credit Agreement (Internal Fixation Systems, Inc.), Equity Purchase Agreement (Egpi Firecreek, Inc.), Equity Purchase Agreement (mBeach Software, Inc.)

Financial Capability. The Investor presently has or will have the financial capacity and the necessary capital to perform its obligations hereunder and shall and hereunder. The Investor has, or has provided available to it, sufficient funds to satisfy all of its financial obligations under this Agreement. The Investor will promptly notify the Company such financial and other information that of any event or circumstance which could be reasonably be expected to hinder the Company has requested Investor's ability to demonstrate such capacityperform its obligations hereunder.

Appears in 3 contracts

Samples: Structured Equity Line Flexible Financing Agreement (Cygnus Inc /De/), Structured Equity Line Flexible Financing Agreement (Cygnus Inc /De/), Structured Equity Line Flexible Financing Agreement (Cygnus Inc /De/)

Financial Capability. The Investor presently has the financial capacity and the necessary capital to perform on a timely basis all of its obligations hereunder and shall and hereunder. The Investor has, or has provided available to it, sufficient funds to satisfy all of its financial obligations under the Agreement. The Investor will promptly notify the Company such financial and other information of any event or circumstance that could be reasonably expected to hinder the Company has requested Investor's ability to demonstrate such capacityperform its obligations hereunder.

Appears in 2 contracts

Samples: Structured Equity Line Flexible Financing Agreement (Elcom International Inc), Structured Equity Line Financing Agreement (Elcom International Inc)

Financial Capability. The Investor presently has or will have the financial capacity and the necessary capital to perform its obligations hereunder and shall and has provided to the Company such financial and other information that the Company has requested to demonstrate such capacityhereunder.

Appears in 1 contract

Samples: Structured Equity Line Flexible Financing Agreement (Sciclone Pharmaceuticals Inc)

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Financial Capability. The Investor presently has the financial capacity and the necessary capital to perform its obligations hereunder and shall and has provided to the Company such financial and other information that the Company has requested to demonstrate such capacityhereunder.

Appears in 1 contract

Samples: Structured Equity Line Flexible Financing Agreement (Immunomedics Inc)

Financial Capability. Investor presently has the financial capacity and the necessary capital to perform its obligations hereunder and shall and has provided to the Company such financial and other information that the Company has requested to demonstrate such capacityhereunder.

Appears in 1 contract

Samples: Equity Purchase Agreement (Stevia Corp)

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