Funds Flow Agreement. Agent shall have received a funds flow agreement, duly executed by the Permitted Holders, Borrowing Agent and Agent pursuant to which, upon Agent’s receipt of the proceeds of cash equity contribution required under Section 8.1(p) above, Borrowing Agent directs Agent to disburse such proceeds, along with the proceeds of the initial Advances made pursuant to this Agreement, as necessary to consummate the Transactions;
Funds Flow Agreement. The Funds Flow Agreement by and among UPS, Xxxxx Fargo Bank, National Association, Seller and Xxxxx to be entered into in connection with the transactions contemplated hereby. GAAP: Generally accepted accounting principles as set forth in statements from Auditing Standards No. 69 entitled “The Meaning of ‘Present Fairly in Conformance with Generally Accepted Accounting Principles in the Independent Auditors Reports’” issued by the Auditing Standards Board of the American Institute of Certified Public Accountants and statements and pronouncements of the Financial Accounting Standards Board that are applicable to the circumstances as of the date of determination.
Funds Flow Agreement. The Agents shall have received the Flow of Funds Agreement duly executed by each Credit Party, each Agent and any other person party thereto.
Funds Flow Agreement. The Seller shall have executed and delivered the Funds Flow Agreement and complied with its obligations thereunder required to be complied with at or prior to the Closing.
Funds Flow Agreement. The Company shall have executed and delivered a Funds Flow Agreement by and among the Company, Parent and Merger Sub (the “Funds Flow Agreement”).
Funds Flow Agreement. Parent and Merger Sub shall have executed and delivered a Funds Flow Agreement, whereby the Parent and Merger Sub delivered (i) (A) the payment of the Indebtedness as set forth in the Funds Flow Agreement, (B) the payment of the Company Transaction Expenses as set forth in the Funds Flow Agreement, and (C) the Aggregate Merger Consideration to the Paying Agent, in each case pursuant to and in accordance with the wire instructions set forth in the Funds Flow Agreement, and (ii) the Rollover Shares to Hxxxx Xxxxxxx and Mxxx Xxxxx and the Class A Profits Interest Units to Mxxxxxx X. Xxxxxxxx pursuant to and in accordance with the Exchange and Rollover Agreement.
Funds Flow Agreement. The Collateral Agent shall have received, in form and substance satisfactory to the Agents, a Funds Flow Agreement, duly executed by each Loan Party.
Funds Flow Agreement. The Borrower shall have executed and delivered to the Agent the Funds Flow Agreement duly executed by the Borrower, in form and substance satisfactory to the Agent.
