Highly Confident Letter definition
Examples of Highly Confident 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.
Notwithstanding the foregoing, Buyer shall immediately notify Sellers upon the termination or modification of any Highly Confident Letter provided to Sellers either pursuant to Section 4.2.4 or this Section 5.2.3.
Assuming the accuracy of the representations and warranties of Seller herein and compliance by Seller with the covenants contained herein, Purchaser believes that the financing described in the Highly Confident Letter will be available prior to Closing and Purchaser will use reasonable best efforts to obtain such financing.
Notwithstanding the foregoing, Buyer shall immediately notify Seller upon the termination or modification of any Highly Confident Letter provided to Seller either pursuant to Section 4.2.4 or this Section 5.2.3.
As of the date hereof, the Highly Confident Letter and the Commitment Letters are in full force and effect and the Purchaser reasonably believes that it or the Company will be able to satisfy the conditions contained therein and obtain the funds contemplated by the Highly Confident Letter and the Commitment Letters necessary to consummate the Transactions on or before the Closing Date.
The Purchaser shall notify the Seller and the Parent immediately if any of the Highly Confident Letter and the Commitment Letters are modified in any material respect or terminated, the Purchaser has reason to believe that such modification or termination is probable, or to the extent that any of the required closing conditions or other transaction prerequisites contained in such Highly Confident Letter or the Commitment Letters are unlikely to be satisfied by the Purchaser or the Company.
A true and correct copy of the Highly Confident Letter is attached hereto as SCHEDULE 4.02(F) and the Highly Confident Letter has not been amended or modified.
The Purchaser shall use commercially reasonable efforts to provide to the Seller an updated Highly Confident Letter dated the later of (x) five (5) Business Days prior to the Road Show Date and (y) February 1, 2005 ("Updated Letter") reaffirming the Underwriters' ability to obtain the financing on substantially the same terms as set forth in the Highly Confident Letter.
A true and correct copy of the Highly Confident Letter is attached hereto as Schedule 4.02(f) and the Highly Confident Letter has not been amended or modified.
The Purchaser has delivered to the Seller a copy of an executed letter from ▇▇▇▇▇▇▇, ▇▇▇▇▇ & Co. (the "Underwriter") dated November 23, 2004 stating that the Underwriter is highly confident (the "Highly Confident Letter") that it will be able to obtain the financing contemplated by the Purchaser's Rule 144A Offering, subject to the terms and conditions set forth therein.