Common use of Financial Capability Clause in Contracts

Financial Capability. The Investor will have immediately available funds necessary to consummate the Closing, as of the date of the Closing, on the terms and conditions contemplated by this Agreement.

Appears in 10 contracts

Samples: Share Purchase Agreement (CyrusOne Inc.), Share Purchase Agreement (GDS Holdings LTD), Registration Rights Agreement (First Mariner Bancorp)

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Financial Capability. The Investor will have immediately available funds necessary to consummate the First Closing and the Second Closing, as of the respective date of the Closingeach such closing, on the terms and conditions contemplated by this Agreement.

Appears in 9 contracts

Samples: Securities Purchase Agreement (Brown Bernard A), Securities Purchase Agreement (Sun Bancorp Inc /Nj/), Securities Purchase Agreement (Sun Bancorp Inc /Nj/)

Financial Capability. The Such Investor will have has immediately available funds necessary to consummate the Closing, as of the date of the Closing, Closing on the terms and conditions contemplated by this Agreement.

Appears in 8 contracts

Samples: Stock Purchase Agreement (Vaccinex, Inc.), Stock Purchase Agreement (Vaccinex, Inc.), Stock Purchase Agreement (Vaccinex, Inc.)

Financial Capability. The Investor will have has immediately available funds necessary to consummate the Closing, as of the date of the Closing, on the terms and conditions contemplated by this Agreement.

Appears in 7 contracts

Samples: Securities Purchase Agreement (United Community Financial Corp), Securities Purchase Agreement (Mackinac Financial Corp /Mi/), Securities Purchase Agreement (Mackinac Financial Corp /Mi/)

Financial Capability. The Focus Investor will have immediately available funds necessary to consummate the Closing, as of the date of the Closing, on the terms and conditions contemplated by this Agreement.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Focus Media Holding LTD), Securities Purchase Agreement (Visionchina Media Inc.), Securities Purchase Agreement (Focus Media Holding LTD)

Financial Capability. The Such Other Investor will have immediately available funds necessary to consummate the Closing, as of the date of the Closing, on the terms and conditions contemplated by this Agreement.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Focus Media Holding LTD), Securities Purchase Agreement (Visionchina Media Inc.), Securities Purchase Agreement (Focus Media Holding LTD)

Financial Capability. The Investor has or will have immediately available funds necessary to pay the Purchase Price and consummate the Closing, as of the date of the Closing, on the terms and conditions contemplated by this Agreement.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Eastern Virginia Bankshares Inc), Securities Purchase Agreement (Eastern Virginia Bankshares Inc), Securities Purchase Agreement (Eastern Virginia Bankshares Inc)

Financial Capability. The Investor will have has immediately available funds necessary to consummate the First Closing, as of the date of this Agreement, and the Second Closing, as of the Second Closing Date, as applicable, in each case on the terms and conditions contemplated by this Agreement.

Appears in 2 contracts

Samples: Investment Agreement (National Penn Bancshares Inc), Investment Agreement (Webster Financial Corp)

Financial Capability. The Such Investor will have immediately available funds necessary to consummate the ClosingClosing with respect to such Investor, as of the date of the ClosingClosing Date with respect to such Investor, on the terms and conditions contemplated by this Agreement.

Appears in 2 contracts

Samples: Note Purchase Agreement (GDS Holdings LTD), Note Purchase Agreement (GDS Holdings LTD)

Financial Capability. The Investor has and will have at Closing immediately available funds necessary to consummate the Closing, as of the date of the Closing, Closing on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Share Purchase Agreement (Athenex, Inc.)

Financial Capability. The At the Closing, Investor will have available to it an aggregate amount of immediately available funds necessary to consummate the Closing, as of Closing on the date of the Closing, Closing Date on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Investment Agreement (American Apparel, Inc)

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Financial Capability. The Such Investor will have immediately available funds necessary to consummate the Closing, as of the date of the Closing, on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Registration Rights Agreement (Cascade Bancorp)

Financial Capability. The Such Investor will have at Closing immediately available funds necessary to consummate the Closing, as of the date of the Closing, Closing on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Share Purchase Agreement (Athenex, Inc.)

Financial Capability. The Such Investor has and will have at Closing immediately available funds necessary to consummate the Closing, as of the date of the Closing, Closing on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Share Purchase Agreement (Athenex, Inc.)

Financial Capability. The Investor will have immediately available funds necessary to consummate the ClosingClosing with respect to the Investor, as of the date of Closing Date with respect to the ClosingInvestor, on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (GDS Holdings LTD)

Financial Capability. The Investor will have has immediately available funds necessary to consummate the Closing, as of the date of the Closing, Closing on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Vaccinex, Inc.)

Financial Capability. The Investor will have immediately available funds necessary to consummate the Closing, as of the date of the Closing, Closing Date on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Share Subscription Agreement (GDS Holdings LTD)

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