Common use of Sufficiency of Funds Clause in Contracts

Sufficiency of Funds. At the Closing, Buyer will have available funds in an amount sufficient to permit it to pay the Purchase Price and related fees and expenses required to be paid by Buyer.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Gleacher & Company, Inc.), Asset Purchase Agreement (First Albany Companies Inc)

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Sufficiency of Funds. At The Buyer has, and at the Closing will have, sufficient cash on hand or other sources of financing in order to consummate the transactions contemplated by the Agreement and to fulfill its obligations hereunder, including without limitation payment to the Parent of the Closing Payment at the Closing, Buyer will have available funds in an amount sufficient to permit it to pay the Purchase Price and related fees and expenses required to be paid by Buyer.

Appears in 2 contracts

Samples: Asset Purchase and Sale Agreement (Par Technology Corp), Asset Purchase and Sale Agreement (ORBCOMM Inc.)

Sufficiency of Funds. At the Closing, the Buyer will have sufficient funds available funds in an amount sufficient to permit it the Buyer to pay the Purchase Price and related fees consummate all other transactions contemplated by this Agreement and expenses required to be paid by Buyerwill have sufficient funds available for the Offers.

Appears in 2 contracts

Samples: Stock Purchase Agreement (America Movil Sa De Cv/), Stock Purchase Agreement (Verizon Communications Inc)

Sufficiency of Funds. At Buyer has, and will have at the Closing, Buyer will have available sufficient funds in an amount sufficient to permit it to pay consummate the Purchase Price and related fees and expenses required to be paid by Buyertransactions contemplated hereby.

Appears in 2 contracts

Samples: Series a Preferred Share Purchase Agreement (Blackstone Holdings III L.P.), Series a Preferred Share Purchase Agreement (Fidelity National Financial, Inc.)

Sufficiency of Funds. At As of the Closing, Buyer will have sufficient cash on hand or other sources of immediately available funds in an amount sufficient to permit enable it to pay the Purchase Price and related fees and expenses required to be paid consummate the transactions contemplated by Buyerthis Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Astronics Corp)

Sufficiency of Funds. At the Closing, Buyer will shall have sufficient cash on hand or other sources of immediately available funds in an amount sufficient to permit enable it to pay make payment of the Purchase Price and related fees all Transaction Expenses unpaid as of the Closing and expenses required to be paid consummate the transactions contemplated by Buyerthis Agreement.

Appears in 1 contract

Samples: Merger Agreement (TearLab Corp)

Sufficiency of Funds. At the Closing, Buyer will have has available sufficient funds in an amount sufficient to permit it enable Buyer to pay the Closing Purchase Price (and related fees any upward adjustments thereto) and expenses required to be paid meet all of its financial obligations contemplated by Buyerthis Agreement and the other Transaction Documents.

Appears in 1 contract

Samples: Asset Purchase Agreement (Triangle Petroleum Corp)

Sufficiency of Funds. At Buyer has, and will have at the Closing, Buyer will have immediately available funds in an amount sufficient to permit enable it to pay consummate the transactions contemplated by this Agreement, including the payment of the Cash Purchase Price and all other amounts (including all related fees and expenses required to be paid expenses) payable by Buyerit in connection with this Agreement and the transactions contemplated hereby.

Appears in 1 contract

Samples: Stock Purchase Agreement (Carbonite Inc)

Sufficiency of Funds. At the Closing, Buyer will have available at Closing immediately available funds in an amount sufficient to permit it enable Buyer to pay make payment of the Purchase Price and related fees and expenses required to be paid consummate the transactions contemplated by Buyerthis Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (B&G Foods, Inc.)

Sufficiency of Funds. At The Buyer has, and at the ClosingClosing will have, Buyer will have sufficient funds available funds in an amount sufficient to permit it to pay the Purchase Price at the Closing and related all of the Buyer’s transaction fees and expenses required to be paid by Buyerexpenses.

Appears in 1 contract

Samples: Purchase Agreement (SAVVIS, Inc.)

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Sufficiency of Funds. At the ClosingBuyer has available to it, Buyer and will have available at Closing (through a combination of cash on hand and/or available credit under its existing credit facilities), sufficient funds in an amount sufficient to permit enable it to pay the Purchase Price and related fees meet all of its financial obligations contemplated by this Agreement and expenses required to be paid by Buyerthe other Transaction Agreements.

Appears in 1 contract

Samples: Asset Purchase Agreement (Eagle Materials Inc)

Sufficiency of Funds. At Buyer has, at the Closing, Buyer will have available sufficient funds to consummate this Agreement and the transactions contemplated hereby, including payment in an amount sufficient to permit it to pay full of the Purchase Price and related fees all of its fees, costs and expenses required to be paid by Buyerin connection with the transactions contemplated hereby.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Remark Media, Inc.)

Sufficiency of Funds. At the Closing, Buyer will have has available to it sufficient funds in an amount sufficient to permit enable it to pay make payment of the Purchase Price Closing Cash Payment and related fees and expenses required to be paid consummate the transactions contemplated by Buyerthis Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Waitr Holdings Inc.)

Sufficiency of Funds. At the Closing, the Buyer will have available sufficient funds in an amount sufficient to permit it to pay the Purchase Price Price, consummate the Transactions and related fees perform its obligations under this Agreement and expenses required to be paid by Buyerthe other Transaction Documents.

Appears in 1 contract

Samples: Asset Purchase Agreement (Diamond Resorts International, Inc.)

Sufficiency of Funds. At Buyer has, and at the Closing will have, sufficient cash on hand or other sources of financing in order to consummate the transactions contemplated by this Agreement and to fulfill its obligations hereunder, including without limitation payment to Seller of the Cash Consideration at the Closing, Buyer will have available funds in an amount sufficient to permit it to pay the Purchase Price and related fees and expenses required to be paid by Buyer.

Appears in 1 contract

Samples: Asset Purchase Agreement (Smith Micro Software, Inc)

Sufficiency of Funds. At the Closing, The Buyer has or will have available at Closing sufficient funds in an amount sufficient to permit it to pay deliver the Purchase Price to the Seller in accordance with the terms and related fees and expenses required to be paid by Buyerconditions of this Agreement.

Appears in 1 contract

Samples: Asset Acquisition Agreement (Supergen Inc)

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