Sufficient Funds. Parent and Purchaser will have all of the funds available as and when needed that are necessary to consummate the Transactions and to perform their respective obligations under this Agreement.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Cytyc Corp), Agreement and Plan of Merger (Nextest Systems Corp), Agreement and Plan of Merger (Ericsson Lm Telephone Co)
Sufficient Funds. Parent and the Purchaser will have all of the funds available as and when needed that are necessary to consummate the Transactions Offer and the Merger and to perform their respective obligations under this Agreement.
Appears in 5 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (MAP Pharmaceuticals, Inc.), Agreement and Plan of Merger (Allergan Inc)
Sufficient Funds. As and when needed, Parent and Purchaser will have available all of the funds available as and when needed that are necessary to consummate the Transactions Offer and the Merger and to perform their respective obligations under this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Quest Diagnostics Inc), Agreement and Plan of Merger (Celera CORP)
Sufficient Funds. Purchaser and/or Purchaser’s Parent and Purchaser will have all of the has sufficient funds available as and when needed that are necessary to consummate the Transactions and to perform their respective obligations under transactions contemplated hereby in accordance with the terms of this Agreement.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Public Service Co of New Mexico), Purchase and Sale Agreement (Public Service Co of New Mexico), Purchase and Sale Agreement (Public Service Co of New Mexico)
Sufficient Funds. Parent and the Purchaser will have all of the funds available as and when needed that are necessary to consummate the Transactions Offer and the Merger, to pay for the Top-Up Option Shares, and to perform their respective obligations under this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (General Electric Co), Agreement and Plan of Merger (Clarient, Inc)
Sufficient Funds. Parent and Purchaser will have funds available to them sufficient to satisfy, no later than the date they become due, all of the funds available as Parent’s and when needed that are necessary to consummate the Transactions and to perform their respective Purchaser’s payment obligations under this AgreementAgreement (including payment of the aggregate Offer Price and the aggregate Merger Consideration to all holders of Shares and all payments contemplated by Section 2.12) and to pay all Expenses incurred and to be incurred in connection with the Transactions.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Verizon Communications Inc), Agreement and Plan of Merger (Terremark Worldwide Inc.)
Sufficient Funds. Parent and and/or the Purchaser will have all of the funds available as and when needed that are necessary to consummate the Transactions Merger and to perform their respective financial obligations under this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Xyratex LTD), Agreement and Plan of Merger (Seagate Technology PLC)
Sufficient Funds. Parent and Purchaser will have all of the has sufficient funds available as (through Parent) to complete, and when needed that are necessary to consummate pay all fees and expenses related to, the Transactions and to perform their respective obligations under transactions contemplated by this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Fortress Brookdale Acquisition LLC), Agreement and Plan of Merger (Brookdale Living Communities Inc)
Sufficient Funds. Parent and the Purchaser will have all of the funds immediately available as and when needed that are necessary to consummate the Transactions Offer and the Merger and to perform their respective obligations under this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (EndoChoice Holdings, Inc.)
Sufficient Funds. Parent and Purchaser will have all of the funds available available, as and when needed needed, the funds that are necessary to consummate the Transactions and to perform their respective its obligations under this Agreement.
Appears in 1 contract
Sufficient Funds. The Parent and the Purchaser will have all of the funds available as and when needed that are necessary to consummate the Transactions Offer, the Merger and the other transactions contemplated by this Agreement, and to perform their respective obligations under this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Buckeye Technologies Inc)
Sufficient Funds. Parent and the Purchaser will have all of the funds available as and when needed that are necessary to consummate enable them to pay the Transactions aggregate Offer Price and the aggregate Merger Consideration in full as well as to perform their respective obligations under this Agreementmake all other required payments payable in connection with the Offer, the Merger and the other transactions contemplated hereby.
Appears in 1 contract
Sufficient Funds. Each of Parent and Purchaser will have all of the has sufficient funds available as and when needed that are necessary to consummate the Transactions and to perform their respective satisfy its payment obligations under this Agreement.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Bakkt Holdings, Inc.)
