Adequacy of Funds. The Purchaser has, or will have prior to or at the Closing, adequate financial resources to satisfy its monetary and other obligations under this Agreement including the obligation to pay the Merger Consideration in accordance herewith.
Adequacy of Funds. At the time of the Closing, such Purchaser will have available to it sufficient funds to satisfy its obligations under this Agreement.
Adequacy of Funds. The Senior Facility Agent shall have received evidence that the Facility Commitments, the proceeds from the issuance of the Initial Senior Bonds, and the revenues that qualify as “Funded Equity” under clause (c) of such definition as contemplated by the Construction Budget and Construction Schedule and any other funds reasonably expected to be available to the Borrower on terms and conditions that are reasonably acceptable to the Common Security Trustee, will be sufficient to achieve the Project Completion Date by the Date Certain.
Adequacy of Funds. Parent has adequate financial resources to satisfy its monetary and other obligations under this Agreement.
Adequacy of Funds. Buyer has and on the Closing Date will have access to sufficient resources to fund the Purchase Price and has provided Seller proof thereof , in form reasonably satisfactory to Seller, as of the date of this Agreement.
Adequacy of Funds. The Purchaser has adequate financial resources to satisfy its monetary and other obligations under this Agreement including, but not limited to, the payment of the Purchase Price in accordance herewith.
Adequacy of Funds. At the time of acceptance of the Offer and at the Effective Time, Purchaser will have available to it on an unconditional basis the cash proceeds in an amount sufficient to enable Purchaser to purchase the Shares pursuant to the Offer and to consummate the Merger in accordance with the provisions of this Agreement.
Adequacy of Funds. Parent has, and will, as of the Acceptance Time, have, access to sufficient funds to consummate the Offer and the other transactions contemplated hereby on the terms and subject to the conditions contemplated by this Agreement.
Adequacy of Funds. As of the date hereof, Parent has, and will have available to it at the Closing, the financial capability and adequate unrestricted cash on hand necessary and sufficient to consummate the transactions contemplated by this Agreement and to satisfy Parent’s other monetary and other obligations contemplated by this Agreement.
Adequacy of Funds. Parent has obtained a commitment letter from X.X. Xxxxxx Securities LLC (“JPMorgan”), JPMorgan Chase Bank, N.A. (“JPMCB”), and U.S. Bank National Association (“U.S. Bank,” and together with JPMorgan and JPMCB, the “Financing Sources”) for financing (the “Commitment Letter”) pursuant to which the Financing Sources have agreed, subject to the terms and conditions set forth therein, to provide credit facilities in the amount of $200,000,000 (the “Financing”) to Parent at Closing. The net proceeds contemplated from the Financing at Closing, together with cash of Parent will, in the aggregate at Closing, provide funds to Parent sufficient to consummate the transactions contemplated hereby on the Closing Date and make the payment contemplated hereby on the Closing Date. Parent has delivered to the Company true and complete copies of the Commitment Letter. As of the date hereof, the Commitment Letter is in full force and effect and constitutes the legal, valid and binding obligation of Parent and, to the knowledge of Parent, the other parties thereto. Prior to the date hereof, the commitment contained in the Commitment Letter has not been withdrawn or rescinded in any respect (and no party thereto has indicated an intent to so withdraw or rescind) or otherwise amended or modified in any material respect. As of the date hereof, Parent is not in breach of any of the terms or conditions set forth in the Commitment Letter and, to the knowledge of Parent, no event has occurred which, with or without notice, lapse of time or both, would reasonably be expected to constitute a breach by Parent or failure by Parent to satisfy a condition precedent set forth therein. As of the date hereof, Parent has fully paid any and all commitment fees or other fees required to be paid on or prior to the date hereof pursuant to the Commitment Letter. Except as stated in the Commitment Letter, there are no conditions precedent or other contingencies relating to the funding of the full amount of the proceeds of the Financing to be made available on the Closing Date.
