Examples of Equity Financing Letter in a sentence
The Purchaser has no reason to believe that it will not be able to complete the Financing on the terms and conditions outlined in the Highly Confident Letter and the Equity Financing Letter, subject to the terms and conditions expressed therein and the satisfaction of the conditions precedent to the Purchaser’s obligation to consummate the transactions contemplated hereby as specified in Sections 7.1 and 7.2 hereof.
Each Equity Financing shall have been consummated in accordance with the applicable Equity Financing Letter.
Notwithstanding anything to the contrary set forth in this Agreement, nothing contained in this Section 5.6 shall require, and in no event shall reasonable best efforts of Parent or Merger Sub be deemed to require, Parent or Merger Sub to seek equity financing from any source other than the Equity Financing Sources, in any amount in excess of, or on other terms and conditions from, the Equity Financing Letter.
There are no side letters, Contracts or other arrangements or understandings related to any Equity Financing or any Equity Financing Letter.
This Guaranty, together with the Merger Agreement, the Equity Financing Letter and the Confidentiality Agreement, constitutes the entire agreement with respect to the subject matter hereof and supersedes any and all prior discussions, negotiations, proposals, undertakings, understandings and agreements, whether written or oral, among Parent, Purchaser and the Guarantor or any of their Affiliates on the one hand, and the Company or any of its affiliates on the other hand.
Prior to or on the date hereof, Purchaser has delivered to Seller true and complete copies of (i) an equity financing commitment letter or letters from TPG III and TPG IV to provide the Equity Funds (the "Equity Financing Letter") and (ii) one or more "highly confident" letters from Credit Suisse First Boston LLC with respect to debt financing in form and substance as attached hereto as Exhibit C, in an aggregate amount not less than $1,150,000,000.
The obligations to provide financing pursuant to the Financing Letters and the Equity Financing Letter (together, the “Financing Documentation”) will provide sufficient funds to consummate the transactions contemplated hereby, including, without limitation, the Merger, pay the aggregate Merger Consideration, refinance existing indebtedness of the Company and pay related fees and expenses.
Assuming the satisfaction or waiver of the conditions to Buyer’s obligation to consummate the Closing contained in Section 6.01 and 6.02, To the Knowledge of Buyer, there is no reason to believe that any of the conditions to any Equity Financing will not be satisfied or that any Equity Financing will not be consummated in connection with the Closing in accordance with the terms of the Equity Financing Letter for such Equity Financing.
Neither Parent nor Merger Sub, nor any of their affiliates or associates, has been advised by any of the issuers of the Financing Letters or by Gryphon of any reason why such committed financing will not be consummated in accordance with the terms of the Financing Letters or the Equity Financing Letter.
There are no terms or conditions related to the consummation of any Equity Financing, other than as expressly set forth in the Equity Financing Letter for such Equity Financing.