Financial Capability. Parent has or will have, and will cause Merger Sub to have, prior to the Effective Time, sufficient funds to pay the aggregate Merger Consideration contemplated by this Agreement and to perform the other obligations of Parent and Merger Sub contemplated by this Agreement.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Houston Wire & Cable CO), Agreement and Plan of Merger (Torotel Inc), Agreement and Plan of Merger (Torotel Inc)
Financial Capability. Parent has or will have, and will cause Merger Sub to have, prior to at the Effective Time, sufficient funds to pay the aggregate Merger Consideration contemplated by this Agreement and to perform the other obligations of Parent and Merger Sub contemplated by this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Silicon Laboratories Inc), Agreement and Plan of Merger (Sigma Designs Inc)
Financial Capability. Parent has or will have, and will cause Merger Sub to have, prior to the Effective Time, sufficient funds to pay the aggregate Merger Consideration contemplated by this Agreement and to perform the other obligations of Parent and Merger Xxxxxx Sub contemplated by this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger
Financial Capability. Parent has or will havethe financial capacity to perform its obligations under this Agreement and to cause Merger Sub to perform its obligations under this Agreement. Parent has, and will cause Merger Sub to have, prior to the Effective Time, sufficient funds to pay the aggregate Merger Consideration contemplated Consideration, to pay all other amounts payable by Parent or Merger Sub under this Agreement (including pursuant to Section 1.08) and to perform the other obligations of Parent and Merger Sub contemplated by this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (FOHG Holdings, LLC), Agreement and Plan of Merger (Frederick's of Hollywood Group Inc /Ny/)
Financial Capability. Parent has or will havehas access to, and will cause Merger Sub to have, prior to the Effective Time, sufficient funds to pay the aggregate Merger Consideration contemplated by this Agreement and to perform the other obligations of Parent and Merger Sub contemplated by this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ebix Inc), Agreement and Plan of Merger (Adam Inc)
Financial Capability. Parent has or will have, and will cause Merger Sub to have, on or prior to the Effective TimeClosing Date, funds that are, together with any funds obtained pursuant to the Debt Financing, sufficient funds to pay the aggregate Merger Consideration contemplated by this Agreement and to perform the other obligations of Parent and Merger Sub contemplated by this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (SPAR Group, Inc.), Agreement and Plan of Merger (SPAR Group, Inc.)
Financial Capability. Parent has or will have, and will cause Merger Sub to have, prior to the Effective Time, sufficient funds authorized but unissued shares of Parent Common Stock to pay the aggregate Merger Consideration contemplated by this Agreement and to perform the other obligations of Parent and Merger Sub contemplated by this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Real Goods Solar, Inc.), Agreement and Plan of Merger (Real Goods Solar, Inc.)
Financial Capability. Parent has or will have, and will cause Merger Sub to have, at the Offer Closing and prior to the Effective Time, sufficient funds to pay the aggregate Offer Price and the Merger Consideration contemplated by this Agreement and to perform the other obligations of Parent and Merger Sub contemplated by this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Randstad North America, L.P.), Agreement and Plan of Merger (SFN Group Inc.)
Financial Capability. Parent has or currently has, and will have, have (and will cause Merger Sub to have, ) immediately prior to the Effective Time, sufficient funds to pay the aggregate Merger Share Consideration contemplated by this Agreement and to perform the other obligations of Parent and Merger Sub contemplated 36 Table of Contents by this Agreement. Parent’s and Merger Sub’s obligations hereunder are not subject to a condition regarding Parent’s or Merger Sub’s receipt of funds to consummate the Merger and the other transactions contemplated by this Agreement.
Appears in 1 contract
Financial Capability. Parent has or will havehas, and will cause Merger Sub to have, prior to the Effective Time, sufficient funds to pay the aggregate Merger Consideration contemplated by this Agreement and to perform the other obligations of Parent and Merger Sub contemplated by this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Uqm Technologies Inc)
Financial Capability. Parent has or will have, and will cause Merger Sub to have, prior to at or before the Effective Expiration Time, sufficient funds to pay the aggregate Offer Prices and the Merger Consideration contemplated by this Agreement and to perform the other obligations of Parent and Merger Sub contemplated by this Agreement, in each case, contemplating a Closing Date on or before December 31, 2021.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Dover Motorsports Inc)
Financial Capability. Parent has or currently has, and will have, have (and will cause Merger Sub to have, ) immediately prior to the Effective Time, sufficient funds to pay the aggregate Merger Share Consideration contemplated by this Agreement and to perform the other obligations of Parent and Merger Sub contemplated by this Agreement. Parent’s and Merger Sub’s obligations hereunder are not subject to a condition regarding Parent’s or Merger Sub’s receipt of funds to consummate the Merger and the other transactions contemplated by this Agreement.
Appears in 1 contract
Financial Capability. Parent has or will havethe financial capacity to perform its obligations under this Agreement and to cause Merger Sub to perform its obligations under this Agreement. Parent has, and will cause Merger Sub to have, prior to the Effective Time, sufficient funds to pay the aggregate Merger Consideration, the aggregate Option Consideration and the aggregate Incentive Bonuses contemplated by this Agreement and to perform the other obligations of Parent and Merger Sub contemplated by this AgreementAgreement (including, without limitation, the obligations in Section 6.15).
Appears in 1 contract
Financial Capability. Parent has or will have, and will cause Merger Sub to have, at the Offer Closing and prior to the Effective Time, sufficient funds to pay the aggregate Offer Price and the Merger Consideration contemplated by this Agreement and to perform the other obligations of Parent and Merger Sub contemplated by this Agreement.
Appears in 1 contract
Samples: Tender and Voting Agreement (Computer Software Innovations, Inc.)
Financial Capability. Parent has the financial capacity to perform its obligations under this Agreement and to cause Merger Sub to perform its obligations under this Agreement. Parent has or will have, and will cause Merger Sub to have, prior to the Effective Time, sufficient funds to pay the aggregate Merger Consideration contemplated by this Agreement and to perform the other obligations of Parent and Merger Sub contemplated by this Agreement.
Appears in 1 contract
Financial Capability. Parent has or will have, and will cause Merger Sub to have, at the Offer Closing and at or prior to the Effective Time, sufficient funds to pay the aggregate Offer Price and the Merger Consideration contemplated by this Agreement and to perform the other obligations of Parent and Merger Sub contemplated by this Agreement.
Appears in 1 contract
