Acceptable Financing Clause Samples

Acceptable Financing. AHC shall have secured appropriate financing on terms and conditions acceptable to AHC's Board of Directors enabling it to undertake the Merger.

Acceptable Financing. Buyer agrees to accept a Financing Commitment which provides for (a) [ ] recourse [ ] non-recourse (except for reasonable or customary “carve-outs”) loan; (b) an interest rate of _____ percent (____ %) or less; (c) an amortization schedule of at least _____ ( ) years with a balloon payment not less than ________ ( ) years after initial funding; and (d) Loan to Value ratio of _____ percent (___%).

Acceptable Financing. Stuart and ▇▇▇▇▇▇▇▇ further agree to become jointly and severally liable for any Acceptable Financing (as defined in that -21- certain Tri-Party Agreement, of even date herewith, among EHI, ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, and Swift); provided, however, neither Stuart, nor ▇▇▇▇▇▇▇▇, shall be obligated to guarantee more than $ 7,000,000.00 of debt of EHI. Further, upon procurement of such Acceptable Financing, EHI shall pay all amounts owing under the 120-Day Promissory Notes, even if such Acceptable Financing is procured prior to the maturity of the 120-Day Promissory Notes.

Acceptable Financing. Buyer shall have obtained financing for the Purchase Price from a third party lender upon terms and conditions which it believes in its sole discretion to be reasonable.

Acceptable Financing. “Acceptable Financing” shall mean the issuance by the Company of: (1) shares of Common Stock or securities convertible into or exchangeable for Common Stock other than in connection with a Below Market Offering; (2) shares of Common Stock or securities convertible into or exchangeable for Common Stock in connection with awards under the Company’s benefit and equity plans and arrangements and the issuance of shares of Common Stock upon the conversion, exercise or exchange thereof; (3) shares of Common Stock issuable upon the conversion or exchange of equity awards or convertible or exchangeable securities outstanding as of the Effective Date; (4) shares of Common Stock and/or warrants or similar rights to subscribe for the purchase of shares of Common Stock in connection with technology sharing, licensing, research and joint development agreements (or amendments thereto) with third parties, and the issuance of shares of Common Stock upon the exercise thereof; and (5) warrants or similar rights to subscribe for the purchase of shares of Common Stock issued in connection with equipment financings and/or real property leases (or amendments thereto) and the issuance of shares of Common Stock upon the exercise thereof.