Common use of Sufficient Funds Clause in Contracts

Sufficient Funds. As of immediately prior to or substantially simultaneously with the Closing, Parent will have sufficient funds to pay the Merger Consideration and to effect all other transactions contemplated by this Agreement and the Purchase Price Adjustment Escrow Agreement.

Appears in 5 contracts

Samples: Agreement and Plan of Merger, Agreement and Plan of Merger, Agreement and Plan of Merger

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Sufficient Funds. As of immediately prior to or substantially simultaneously with At the Closing, Parent will have available sufficient funds to pay the Merger Consideration in accordance with and subject to effect all other transactions contemplated by the terms and conditions of this Agreement and the Purchase Price Adjustment Escrow Agreement.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Alibaba Group Holding LTD), Agreement and Plan of Merger (Ali YK Investment Holding LTD), Agreement and Plan of Merger (Youku Tudou Inc.)

Sufficient Funds. As of immediately Parent has and will have at or prior to or substantially simultaneously with Closing and at the Closing, Parent will have Effective Time sufficient immediately available funds to pay the Merger Consideration and to effect all other transactions contemplated by this Agreement and upon consummation of the Purchase Price Adjustment Escrow AgreementMerger.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Verisity LTD), Agreement and Plan of Merger (Cadence Design Systems Inc), Agreement and Plan of Merger (Cadence Design Systems Inc)

Sufficient Funds. As Parent has, as of immediately prior the date of this Agreement, and at the Closing shall have, funds sufficient and available to or substantially simultaneously with consummate the Closing, Parent will have sufficient funds to pay the Merger Consideration and to effect all other transactions contemplated by this Agreement hereby, and pay all associated costs and Expenses of the Purchase Price Adjustment Escrow AgreementMergers (including any fees and expenses related to the transactions contemplated hereby).

Appears in 3 contracts

Samples: Agreement and Plan of Merger and Reorganization (Matterport, Inc./De), Agreement and Plan of Merger and Reorganization (Costar Group, Inc.), Agreement and Plan of Merger and Reorganization (Matterport, Inc./De)

Sufficient Funds. As Parent has, and as of the Closing will have, sufficient immediately prior to available funds (through existing credit arrangements or substantially simultaneously with the Closing, Parent will have sufficient funds otherwise) to pay when due the aggregate Merger Consideration and to effect pay when due all other of its fees and expenses related to the transactions contemplated by this Agreement and the Purchase Price Adjustment Escrow Agreement.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Checkfree Corp \Ga\), Agreement and Plan of Merger (Aquantive Inc), Agreement and Plan of Merger (Corillian Corp)

Sufficient Funds. As of immediately prior to or substantially simultaneously with the ClosingParent has, Parent and will have throughout the period beginning as of the date of this Agreement and ending on the Closing Date, sufficient funds cash necessary to consummate the Merger, to pay the Merger Aggregate Cash Consideration in full and to effect all other transactions contemplated by this Agreement and the Purchase Price Adjustment Escrow Agreementotherwise perform its obligations hereunder.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Formfactor Inc), Agreement and Plan of Merger (Formfactor Inc), Agreement and Plan of Merger (Formfactor Inc)

Sufficient Funds. As Parent has, and as of the Closing will have, sufficient immediately prior to or substantially simultaneously with the Closing, Parent will have sufficient available funds to pay when due the aggregate Merger Consideration and to effect pay when due all other transactions contemplated by this Agreement of its fees and expenses related to the Purchase Price Adjustment Escrow AgreementTransactions.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Us Home Systems Inc), Agreement and Plan of Merger (Micrus Endovascular Corp)

Sufficient Funds. As of immediately Parent and the Purchaser have or will have prior to or substantially simultaneously with the Closing, Parent will have sufficient Closing all of the funds available as and when needed that are necessary to pay the aggregate Merger Consideration Consideration, consummate the Merger, and to effect all other transactions contemplated by perform their respective obligations under this Agreement and the Purchase Price Adjustment Escrow Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Dreams Inc), Agreement and Plan of Merger (Dreams Inc)

Sufficient Funds. As Parent has, and as of the Closing will have, sufficient immediately prior to available funds (through existing credit arrangements or substantially simultaneously with the Closing, Parent will have sufficient funds otherwise) to pay when due the Merger Consideration aggregate Conversion Payments and to effect pay when due all other of its fees and expenses related to the transactions contemplated by this Agreement and the Purchase Price Adjustment Escrow Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Flow International Corp), Agreement and Plan of Merger (Flow International Corp)

Sufficient Funds. As of immediately prior to or substantially simultaneously with the Closing, Closing Parent will have sufficient immediately available funds (through existing credit arrangements or otherwise) to pay when due the aggregate Merger Consideration and Preferred Merger Consideration and to effect pay when due all other of its fees and expenses related to the transactions contemplated by this Agreement and the Purchase Price Adjustment Escrow Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Quadramed Corp), Agreement and Plan of Merger (Francisco Partners II LP)

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Sufficient Funds. As of immediately prior to or substantially simultaneously with the ClosingParent has, Parent and will have on the Closing Date, sufficient immediately available funds to pay pay, in cash, the Merger Consideration and to effect all perform Parent’s other transactions contemplated by obligations under this Agreement and under any other agreement entered into in connection with the Purchase Price Adjustment Escrow Agreementtransactions contemplated hereby.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Shire PLC)

Sufficient Funds. As of The Parent shall have at the Closing sufficient immediately prior to or substantially simultaneously with available funds in the Closing, Parent will have sufficient funds to pay amount totaling at least the Merger Consideration and to effect satisfy all other transactions contemplated payment amounts required by the terms hereof, to pay all related fees and expenses in connection with this Agreement and the Purchase Price Adjustment Escrow Agreementother Transaction Documents, and the consummation of the Transaction.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Central Garden & Pet Co)

Sufficient Funds. As of immediately prior to or substantially simultaneously with the ClosingParent has, Parent and will have sufficient at the Effective Time, the funds necessary to pay the Merger Consideration and the aggregate Closing Option Merger Consideration and to effect all other transactions contemplated by consummate the Merger and the Transaction and to perform its obligations in connection with this Agreement and the Purchase Price Adjustment Escrow AgreementTransaction.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Navisite Inc)

Sufficient Funds. As of immediately prior to or substantially simultaneously with the Closing, Parent will have at or prior to the Closing and at the Effective Time sufficient immediately available funds and sufficient authorized but unissued shares or treasury shares of Parent Common Stock to pay the Merger Consideration and to effect all other transactions contemplated by this Agreement and upon consummation of the Purchase Price Adjustment Escrow AgreementMerger.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Immunex Corp /De/)

Sufficient Funds. As Parent has, or will have on the Closing Date, cash on hand or other sources of immediately prior available funds sufficient to or substantially simultaneously with the Closing, enable Parent will have sufficient funds to (a) pay the Merger Consideration and to effect satisfy all other transactions payments required by this Agreement, (b) pay any and all fees, costs, and expenses incurred by Parent in connection with the Transactions, and (c) otherwise consummate the Transactions on the terms contemplated by this Agreement and the Purchase Price Adjustment Escrow Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (GAN LTD)

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