Common use of Sufficient Funds Clause in Contracts

Sufficient Funds. Such Commitment Party has, or at the Closing will have, sufficient assets and the financial capacity to perform all of its obligations under this Agreement, including the ability to purchase the Series B Preferred Stock and Warrants required to fund such Commitment Party’s Commitment Amount.

Sufficient Funds. Such Commitment Party has, or at the Closing will have, has sufficient assets and the financial capacity to perform all of its obligations under this Agreement, including the ability to purchase the Series B Preferred Stock and Warrants required to fund such Commitment Party’s Commitment AmountCommitment.

Sufficient Funds. Such Commitment Party has, or at the Closing will have, has sufficient assets and the financial capacity to perform all of its obligations under this Agreement, including the ability to purchase fully exercise all Subscription Rights that are owned by it (or such managed funds or accounts) as of the Series B Preferred Stock Rights Offering Expiration Time pursuant to the Rights Offering and Warrants required to fund such Commitment Party’s Commitment AmountBackstop Commitment.

Sufficient Funds. Such Commitment Party has, or at the Closing will have, has sufficient assets available cash and the financial capacity to perform all of its obligations under this Agreement, including as applicable to the Debt Commitment Parties, the ability to purchase fund such Debt Commitment Party’s Debt Commitment, and, as applicable to the Series B Preferred Stock and Warrants required Equity Commitment Parties, the ability to fund such Equity Commitment Party’s Commitment AmountEquity Commitment.

Sufficient Funds. Such Commitment Party has, or at the Closing will have, has sufficient assets and the financial capacity to perform all of its obligations under this Agreement, including the ability to purchase fully exercise all Subscription Rights that are issued to it pursuant to the Series B Preferred Stock Rights Offering and Warrants required to fund such Commitment Party’s Commitment AmountRights Offering Backstop Commitment.

Sufficient Funds. Such Commitment Party has, or at the Closing will have, has sufficient assets and the financial capacity to perform all of its obligations under this Agreement, including the ability to purchase fully exercise all Subscription Rights that are owned by it (or such managed funds or accounts) as of the Series B Preferred Stock Rights Offering Expiration Time pursuant to pursuant to the Rights Offerings and Warrants required to fund such Commitment Party’s Commitment AmountBackstop Commitment.

Sufficient Funds. Such Commitment Party has, or at the Closing will have, has sufficient assets and the financial capacity to perform all of its obligations under this Agreement, including the ability to purchase fully exercise all Subscription Rights that are issued to it (or such Affiliated Funds) pursuant to the Series B Preferred Stock Rights Offerings and Warrants required to timely fund such Commitment Party’s Backstop Commitment Amountat Closing.

Sufficient Funds. Such Commitment Party has, or at the Closing will have, has sufficient assets and the financial capacity to perform all of its obligations under this Agreement, including the ability to purchase fully exercise all Subscription Rights that are issued to it pursuant to the Series B Preferred Stock and Warrants required to Rights Offering, fund such Commitment Party’s Commitment Amount.Commitments. ARTICLE VI

Sufficient Funds. Such Commitment Party has, or at the Closing will have, has sufficient assets and the financial capacity to perform all of its obligations under this Agreement, including the ability to purchase the Series B Preferred Stock and Warrants required to fund such Commitment Party’s Commitment AmountNew Notes Offering Backstop Commitment.

Sufficient Funds. Such Commitment Party has, or at the Closing will have, has sufficient assets and the financial capacity to perform all of its obligations under this Agreement, including the ability (or ability to purchase cause its Related Purchasers) to fully exercise all Subscription Rights that are issued to it pursuant to the Series B Preferred Stock and Warrants required to Rights Offering, fund such Commitment Party’s Commitment AmountRights Offering Backstop Commitment.

Sufficient Funds. Such Commitment Party has, or at the Closing will have, has sufficient assets and the financial capacity to perform all of its obligations under this Agreement, including the ability to purchase fully exercise all Subscription Rights that are issued to it pursuant to the Series B Preferred Stock Rights Offerings and Warrants required to fund such Commitment Party’s Commitment AmountBackstop Commitment.

Sufficient Funds. Such Commitment Party has, or at the Closing will have, has sufficient assets and the financial capacity to perform all of its obligations under this Agreement, including the ability to purchase fully exercise all Rights that are issued to it pursuant to the Series B Preferred Stock Rights Offerings and Warrants required to fund such Commitment Party’s Commitment AmountBackstop Commitment.

Sufficient Funds. Such If such Party is a Commitment Party, such Commitment Party has, or at will have as of the Closing will have, sufficient assets and the financial capacity to perform all of its obligations under this Agreement, including the ability to purchase the Series B Preferred Stock fully exercise all Minimum Allocation Rights that are issued to it and Warrants required to fund such Commitment Party’s Commitment Amountaggregate purchase price for the Unsubscribed Securities, if any.

Sufficient Funds. Such Commitment Party has, or at the Closing will have, has sufficient assets and the financial capacity to perform all of its obligations under this Agreement, including the ability to purchase the Series B Preferred Stock and Warrants fully exercise all Subscription Rights that it is required to exercise under this Agreement pursuant to the Rights Offering and fund such Commitment Party’s Commitment AmountBackstop Commitment.

Sufficient Funds. Such Commitment Party has, or at the Closing will have, has sufficient assets and the financial capacity to perform all of its obligations under this 39 Agreement, including the ability to purchase fully exercise all Subscription Rights that are issued to it pursuant to the Series B Preferred Stock and Warrants required to Rights Offering, fund such Commitment Party’s Commitment AmountCommitments.

Sufficient Funds. Such Commitment Party has, or at the Closing will have, has sufficient assets and the financial capacity to perform all of its obligations under this Agreement, including the ability to purchase fully exercise all Subscription Rights that are issued to it pursuant to the Series B Preferred Stock and Warrants required to Rights Offering, fund such Commitment Party’s Commitment AmountCommitments.

Sufficient Funds. Such Commitment Party has, or at the Closing will have, has sufficient assets and the financial capacity to perform all of its obligations under this Agreement, including the ability to fully exercise all Subscription Rights that are owned by it (or such managed funds or accounts) as of the Rights Offering Expiration Time pursuant to the Rights Offering and to purchase the Series B Preferred Stock New Common Shares required pursuant to and Warrants required to fund such Commitment Party’s Commitment AmountCommitment.

Sufficient Funds. Such Commitment Party has, or at the Closing will have, has sufficient assets and the financial capacity to perform all of its obligations under this Agreement, including the ability to purchase fully exercise all Subscription Rights that are issued to it pursuant to the Series B Preferred Stock Rights Offering and Warrants required to fund such Commitment Party’s Commitment AmountBackstop Commitment.