Common use of Sufficiency of Funds Clause in Contracts

Sufficiency of Funds. As of the Effective Time, Parent and Merger Sub will have available to them cash and other sources of immediately available funds sufficient to pay the aggregate Merger Consideration and all other cash amounts payable pursuant to this Agreement. Parent and Merger Sub expressly acknowledge and agree that their obligations under this Agreement, including their obligations to consummate the Merger or any of the other transactions contemplated by this Agreement, are not subject to, or conditioned on, the receipt or availability of any funds or financing.

Appears in 6 contracts

Samples: Merger Agreement (Irobot Corp), Merger Agreement, Merger Agreement (Jacobs Engineering Group Inc /De/)

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Sufficiency of Funds. As Parent will have as of the Effective Time, Parent and will cause Merger Sub will to have as of the Effective Time, available to them cash, cash equivalents and other sources of immediately available funds sufficient to pay the aggregate Aggregate Merger Consideration and all other cash amounts payable in connection with the Closing pursuant to this Agreement. Parent and Merger Sub expressly acknowledge and agree that their obligations under this Agreement, including their obligations to consummate the Merger or any of the other transactions contemplated by this Agreement, are not subject to, or conditioned on, In no event shall the receipt or availability of any funds or financingfinancing by or to Parent, Merger Sub or any of their respective Affiliates or any other financing transaction be a condition to any of the obligations of Parent or Merger Sub hereunder.

Appears in 3 contracts

Samples: Merger Agreement (DSP Group Inc /De/), Merger Agreement (DSP Group Inc /De/), Merger Agreement (SYNAPTICS Inc)

Sufficiency of Funds. As of the Effective Time, Parent and Merger Sub will have available to them cash and other sources of immediately available funds sufficient to pay the aggregate Merger Cash Consideration and all other cash amounts payable pursuant to this Agreement. Parent and Merger Sub expressly acknowledge and agree that their obligations under this Agreement, including their obligations to consummate the Merger or any of the other transactions contemplated by this AgreementContemplated Transactions, are not subject to, or conditioned on, the receipt or availability of any funds or financing.

Appears in 2 contracts

Samples: Merger Agreement (Oaktree Capital Group, LLC), Agreement and Plan of Merger (Brookfield Asset Management Inc.)

Sufficiency of Funds. As of the Effective Time, Parent and Merger Sub will have available to them cash and other sources of immediately available sufficient funds sufficient to pay the aggregate Per Share Merger Consideration and all other cash amounts payable pursuant to this Agreement. Parent and Merger Sub expressly acknowledge and agree that their obligations under this Agreement, including their obligations to consummate the Merger or any of the other transactions contemplated by this AgreementMerger, are not subject to, or conditioned on, the receipt or availability of any funds or financing.

Appears in 2 contracts

Samples: Merger Agreement (JMP Group LLC), Merger Agreement (JMP Group LLC)

Sufficiency of Funds. As of the Effective Time, Parent and Merger Sub have, or as of the Effective Time will have have, available to them cash and other sources of immediately available sufficient funds sufficient to pay the aggregate Merger Consideration and all other cash amounts payable pursuant to this Agreement. Parent and Merger Sub expressly acknowledge and agree that their obligations under this Agreement, including their obligations to consummate the Merger or any of the other transactions contemplated by this Agreement, hereunder are not subject to, or conditioned on, the receipt or availability of any funds or financing.

Appears in 2 contracts

Samples: Merger Agreement (Noble Energy Inc), Merger Agreement (Clayton Williams Energy Inc /De)

Sufficiency of Funds. As Parent and Acquisition Sub have, or as of the Effective TimeTime will have, Parent and Merger Sub will have available to them cash and other sources of immediately available sufficient funds sufficient to pay the aggregate Merger Consideration and all other cash amounts payable pursuant to this Agreement. Parent and Merger Acquisition Sub expressly acknowledge and agree that their obligations under this Agreementhereunder, including their obligations to consummate the Merger or any of Offer and the other transactions contemplated by this AgreementMerger, are not subject to, or conditioned on, the receipt or availability of any funds or financing.

Appears in 2 contracts

Samples: Merger Agreement (Athlon Energy Inc.), Merger Agreement (Encana Corp)

Sufficiency of Funds. As of the Effective Time, Parent and Merger Sub will have as of the Effective Time available to them cash and other sources of immediately available funds sufficient to pay the aggregate Merger Consideration and all other cash amounts payable in connection with the Closing pursuant to this Agreement. Parent and Merger Sub expressly acknowledge and agree that their obligations under this Agreement, including their obligations to consummate the Merger or any of the other transactions contemplated by this Agreement, Contemplated Transactions are not subject to, or conditioned on, the receipt or availability of any funds or financing.

Appears in 2 contracts

Samples: Merger Agreement (Primoris Services Corp), Merger Agreement (Willbros Group, Inc.\NEW\)

Sufficiency of Funds. As Parent and Merger Sub have, and will have as of the Effective Time, Parent and Merger Sub will have available to them cash and other sources of immediately available funds sufficient to pay the aggregate Merger Consideration and all other cash amounts payable in connection with the Closing pursuant to this Agreement. Parent and Merger Sub expressly acknowledge and agree that their obligations under this Agreement, including their obligations to consummate the Merger or and any of the other transactions contemplated by this Agreement, are not subject to, or conditioned on, the receipt or availability of any funds or financing.

Appears in 1 contract

Samples: Merger Agreement (Craft Brew Alliance, Inc.)

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Sufficiency of Funds. As of the Effective Time, Parent and Merger Sub will have as of the Effective Time available to them cash and other sources of immediately available funds sufficient to pay the aggregate Merger Consideration and all other cash amounts payable in connection with the Closing pursuant to this Agreement. Parent and Merger Sub expressly acknowledge and agree that their obligations under this Agreement, including their obligations to consummate the Merger or any of the other transactions contemplated by this Agreement, are not subject to, or conditioned on, the receipt or availability of any funds or financing.

Appears in 1 contract

Samples: Merger Agreement (General Cable Corp /De/)

Sufficiency of Funds. As of the Effective Time, Parent and Merger Sub will have has available to them cash and other sources of immediately available it sufficient funds sufficient to pay the aggregate Merger Consideration and all other cash amounts payable pursuant to this Agreement. Parent Parent, General Partner and Merger Sub expressly acknowledge and agree that their obligations under this Agreementhereunder, including their obligations to consummate the Merger or any of the other transactions contemplated by this AgreementMerger, are not subject to, or conditioned on, the receipt or availability of any funds or financing.

Appears in 1 contract

Samples: Merger Agreement (Hoegh LNG Holdings Ltd.)

Sufficiency of Funds. As The obligations of the Effective Time, Parent and Merger Sub under this Agreement are not contingent on the availability of financing. Parent has and will have sufficient cash, available to them cash and lines of credit, or other sources of immediately available funds sufficient to enable it to pay the aggregate Merger Consideration Purchase Price and all other cash amounts payable pursuant to this Agreement. the fees and expenses of Parent and Merger Sub expressly acknowledge and agree that their obligations under this Agreement, including their obligations related to consummate the Merger or any of the other transactions contemplated by this Agreement, are not subject to, or conditioned on, the receipt or availability of any funds or financingTransactions in full at Closing.

Appears in 1 contract

Samples: Merger Agreement (Corelogic, Inc.)

Sufficiency of Funds. As of the Effective Time, Parent and Merger Sub have, and as of the Effective Time will have have, available to them cash and other sources of immediately available sufficient funds sufficient to pay the aggregate Merger Consideration and all other cash amounts payable pursuant to this Agreement. Parent and Merger Sub expressly acknowledge and agree that their obligations under this Agreementhereunder, including their obligations to consummate the Merger or any of the other transactions contemplated by this AgreementMerger, are not subject to, or conditioned on, the receipt or availability of any funds or financing.

Appears in 1 contract

Samples: Merger Agreement (VTTI Energy Partners LP)

Sufficiency of Funds. As Parent and Acquisition Sub have, or as of the Effective TimeTime will have, Parent and Merger Sub will have available to them cash and other sources of immediately available sufficient funds sufficient to pay the aggregate Merger Consideration, Option Consideration and all other cash amounts payable pursuant to this Agreement. Parent and Merger Acquisition Sub expressly acknowledge and agree that their obligations under this Agreementhereunder, including their obligations to consummate the Merger or any of Offer and the other transactions contemplated by this AgreementMerger, are not subject to, or conditioned on, the receipt or availability of any funds or financing.

Appears in 1 contract

Samples: Merger Agreement (Priceline Group Inc.)

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