Common use of Availability of Funds; Solvency Clause in Contracts

Availability of Funds; Solvency. (a) Purchaser has (or at the Closing will have) cash available or has existing borrowing facilities which together are sufficient to enable it to consummate the Acquisition and the other transactions contemplated by this Agreement and the Ancillary Agreements.

Appears in 1 contract

Samples: Asset Purchase Agreement (B&G Foods, Inc.)

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Availability of Funds; Solvency. (a) Purchaser has (or at the Closing will have) cash available or has existing borrowing facilities which together are sufficient to enable it to consummate the Acquisition and the other transactions contemplated by this Agreement and the Ancillary AgreementsAgreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Hormel Foods Corp /De/)

Availability of Funds; Solvency. (a) Purchaser has (or at the Closing will have) cash available or has which, together with existing committed borrowing facilities which together are facilities, will be sufficient to enable it to consummate the Acquisition and the other transactions contemplated by this Agreement and the Ancillary AgreementsAgreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Clarient, Inc)

Availability of Funds; Solvency. (a) Purchaser has (or at the Closing will have) cash available or has existing borrowing facilities capacity which together are sufficient to enable it to consummate the Acquisition and the other transactions contemplated by this Agreement and the Ancillary AgreementsAgreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (McCormick & Co Inc)

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Availability of Funds; Solvency. (a) Purchaser has (or at will have prior to the Closing will have) cash available or has existing borrowing facilities which together are access to capital in an amount sufficient to enable it to consummate the Acquisition and the other transactions contemplated by this Agreement and the Ancillary AgreementsAgreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Target Corp)

Availability of Funds; Solvency. (a) Purchaser has (or at the Closing will have) cash available or has existing borrowing facilities which together are sufficient to enable it to consummate the Acquisition and the other transactions contemplated by this Agreement. Each of Purchaser’s obligations set forth in this Agreement and the Ancillary Agreements are not contingent or conditioned upon any person’s ability to obtain or have at Closing sufficient funds necessary for the payment of the entire Purchase Price in cash or for Purchaser to perform its respective obligations with respect to the transactions contemplated by this Agreement and the Ancillary Agreements.

Appears in 1 contract

Samples: Asset Purchase Agreement (Neustar Inc)

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