Common use of Financing of Purchase Price Clause in Contracts

Financing of Purchase Price. (a) Prior to execution of this Agreement, the Buyer (i) shall notify the Seller of the source(s) of financing that the Buyer proposes to use to consummate the transactions contemplated by this Agreement, and (ii) shall provide the Seller with a copy of the commitment(s) of the source(s) to provide such financing. The Buyer hereby acknowledges and agrees that at least 20% of the total transaction costs (which include the Purchase Price and all closing costs and other costs or indebtedness to be incurred by the Buyer related to the Acquisition) (collectively, the “Total Transaction Costs”), must be in the form of at-risk equity, as determined by the Seller, and that no more than 80% of the Total Transaction Costs may be secured by a lien on the real and personal property (the “Property”) being sold by the Seller to the Buyer pursuant hereto. A Sources and Uses of Funds Statement, detailing all amounts and sources of equity, closing costs and any indebtedness to be incurred by Buyer related to the Acquisition, has been provided by Buyer and is attached as Schedule 4.4 hereto. The Buyer acknowledges that PHI and the Seller’s approval of the Buyer’s equity structure and financing was a condition to entry into this Agreement and the Acquisition. The Buyer agrees to, and hereby does, authorize each proposed source of third-party financing to provide to the Seller, from time to time, information with respect to the likelihood and form in which financing will be provided to the Buyer. At the time of applying for any third-party financing, the Buyer shall notify the third party of the Seller’s right to the information described in this Section and of the terms and requirements of this transaction and of this Agreement and the agreements contemplated hereby.

Financing of Purchase Price. (a) Prior to execution of this Agreement, the Buyer NPC (i) shall notify the Seller PH of the source(s) of financing that the Buyer NPC proposes to use to consummate the transactions contemplated by this Agreement, and (ii) shall provide the Seller PH with a copy of the commitment(s) of the source(s) to provide such financing. The Buyer NPC hereby acknowledges and agrees that at least 20% of the total transaction costs (which include the Purchase Price and all closing costs and other costs or indebtedness to be incurred by the Buyer NPC related to the Acquisition) (collectively, the “Total Transaction Costs”), must be in the form of at-risk equity, as determined by the SellerPH, and that no more than 80% of the Total Transaction Costs may be secured by a lien on the real and personal property (the “"Property”") being sold by the Seller PH to the Buyer NPC pursuant hereto. A Sources and Uses of Funds Statement, detailing all amounts and sources of equity, closing costs and any indebtedness to be incurred by Buyer NPC related to the Acquisition, has been provided by Buyer NPC and is attached as Schedule 4.4 7.4 hereto. The Buyer NPC acknowledges that PHI and the SellerPH’s approval of the Buyer’s NPC's equity structure and financing was a condition to entry into this Agreement and the Acquisition. The Buyer NPC agrees that it will not refinance the its debt or equity, without the prior written consent of PHI, for a period of three years from the Closing Date, which consent shall not be unreasonably withheld. NPC and PH and PHI agree, however, that it shall not be unreasonable for PHI to withhold consent if such refinancing or restructuring would result in a reduction of the equity of NPC below 20% of the Total Transaction Costs. NPC agrees to, and hereby does, authorize each proposed source of third-party financing to provide to the SellerPH, from time to time, information with respect to the likelihood and form in which financing will be provided to the BuyerNPC. At the time of applying for any third-party financing, the Buyer NPC shall notify the third party of the SellerPH’s right to the information described in this Section and of the terms and requirements of this transaction and of this Agreement and the agreements contemplated hereby.

Financing of Purchase Price. (a) Prior to execution of this Agreement, the Buyer (i) shall notify the Seller Sellers of the source(s) of financing that the Buyer proposes to use to consummate the transactions contemplated by this Agreement, and (ii) shall provide the Seller Sellers with a copy of the commitment(s) of the source(s) to provide such financing. The Buyer hereby acknowledges and agrees that at least 20% of the total transaction costs (which include the Purchase Price and all closing costs and other costs or indebtedness to be incurred by the Buyer related to the Acquisition) (collectively, the “Total Transaction Costs”), must be in the form of at-risk equity, as determined by the SellerSellers, and that no more than 80% of the Total Transaction Costs may be secured by a lien on the real and personal property (the “"Property”") being sold by the Seller Sellers to the Buyer pursuant hereto. A Sources and Uses of Funds Statement, detailing all amounts and sources of equity, closing costs and any indebtedness to be incurred by Buyer related to the Acquisition, has been provided by Buyer and is attached as Schedule 4.4 hereto. The Buyer acknowledges that PHI and the Seller’s Sellers' approval of the Buyer’s 's equity structure and financing was a condition to entry into this Agreement and the Acquisition. The Buyer agrees that it will not refinance the Buyer's debt or equity, without the prior written consent of PHI, for a period of three years from the Closing Date, which consent shall not be unreasonably withheld. The Buyer and Sellers and PHI agree, however, that it shall not be unreasonable for PHI to withhold consent if such refinancing or restructuring would result in a reduction of the equity of the Buyer below 20% of the Total Transaction Costs. The Buyer agrees to, and hereby hxxxxx does, authorize each proposed source of third-party financing to provide to the SellerSellers, from time to time, information with respect to the likelihood and form in which financing will be provided to the Buyer. At the time of applying for any third-party financing, the Buyer shall notify the third party of the Seller’s Sellers' right to the information described in this Section and of the terms and requirements of this transaction and of this Agreement and the agreements contemplated hereby.

Financing of Purchase Price. (a) Prior to execution of this Agreement, the Buyer NPC (i) shall notify the Seller PH of the source(s) of financing that the Buyer NPC proposes to use to consummate the transactions contemplated by this Agreement, and (ii) shall provide the Seller PH with a copy of the commitment(s) of the source(s) to provide such financing. The Buyer NPC hereby acknowledges and agrees that at least 20% of the total transaction costs (which include the Purchase Price and all closing costs and other costs or indebtedness to be incurred by the Buyer NPC related to the Acquisition) (collectively, the “Total Transaction Costs”), must be in the form of at-risk equity, as determined by the SellerPH, and that no more than 80% of the Total Transaction Costs may be secured by a lien on the real and personal property (the “"Property”") being sold by the Seller PH to the Buyer NPC pursuant hereto. A Sources and Uses of Funds Statement, detailing all amounts and sources of equity, closing costs and any indebtedness to be incurred by Buyer NPC related to the Acquisition, has been provided by Buyer NPC and is attached as Schedule 4.4 7.4 hereto. The Buyer NPC acknowledges that PHI and the SellerPH’s approval of the Buyer’s NPC's equity structure and financing was a condition to entry into this Agreement and the Acquisition. The Buyer NPC agrees that it will not refinance the its debt or equity, without the prior written consent of PHI, for a period of three years from the Closing Date, which consent shall not be unreasonably withheld. NPC and PH and PHI agree, however, that it shall not be unreasonable for PHI to withhold consent if such refinancing or restructuring would result in a reduction of the equity of NPC below 20% of the Total Transaction Costs. NPC agrees to, and hereby does, authorize each proposed source of third-third party financing to provide to the SellerPH, from time to time, information with respect to the likelihood and form in which financing will be provided to the BuyerNPC. At the time of applying for any third-third party financing, the Buyer NPC shall notify the third party of the SellerPH’s right to the information described in this Section and of the terms and requirements of this transaction and of this Agreement and the agreements contemplated hereby.