Common use of Available Cash Clause in Contracts

Available Cash. The term "Available Cash" shall mean all cash and cash equivalents (including marketable securities and short-term investments) held by the Company as of midnight on the day before the Closing Date less the amount of cash and cash equivalents necessary to cover outstanding checks which have been mailed or otherwise delivered by the Company but have not cleared.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Sunglass Hut International Inc), Asset Purchase Agreement (Armitec Inc), Stock Purchase Agreement (Xstream Beverage Group Inc)

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Available Cash. The term "Available Cash" shall mean all cash and cash equivalents (including marketable securities and short-term investments) held by the Company as of midnight on the day before the Closing Date less the amount of cash and cash equivalents necessary to cover outstanding checks which have been mailed or otherwise delivered by the Company but have not cleared.

Appears in 1 contract

Samples: Stock Purchase Agreement (Identive Group, Inc.)

Available Cash. The term "Available Cash" shall mean all cash and cash equivalents (including marketable securities and short-term investments) held by the Company as of midnight 12:01 a.m. on the day before morning of the Closing Date less the amount of cash and cash equivalents necessary to cover outstanding checks which have been mailed or otherwise delivered by the Company prior to such time but have not cleared.

Appears in 1 contract

Samples: Asset Purchase Agreement (Smith & Wesson Holding Corp)

Available Cash. The term "Available Cash" shall mean all cash and cash equivalents (including marketable securities and short-term investments) held by the Company or the Subsidiary as of midnight 11:59 p.m. on the day before the Closing Date less the amount of cash and cash equivalents necessary to cover outstanding checks which have been mailed or otherwise delivered by the Company or the Subsidiary prior to such time but have not cleared.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Roadrunner Transportation Systems, Inc.)

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Available Cash. The term "Available Cash" shall mean all cash and cash equivalents (including marketable securities and short-term investments) held by the Company Companies as of midnight 12:01 a.m. on the day before morning of the Closing Date less the amount of cash and cash equivalents necessary to cover unpaid expenses related to the transactions contemplated by this Agreement and outstanding checks which have been mailed or otherwise delivered by any of the Company Companies prior to such time but have not cleared.

Appears in 1 contract

Samples: Stock Purchase Agreement (Forward Air Corp)

Available Cash. The term "Available Cash" shall mean all cash and cash equivalents (including marketable securities and short-term investments) held by the Company as of midnight on the day before the Closing Date Date, reconciled in accordance with GAAP to the Company’s general ledger accounts, less the amount of cash and cash equivalents necessary to cover (i) deposits to be maintained by the Company following the Closing Date, and (ii) outstanding checks which have been mailed or otherwise delivered by the Company but have not clearedcleared as of the Closing Date.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Neogenomics Inc)

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