Available Financing. (a) The Purchaser has delivered to the Sellers a correct and complete copy of the executed Debt Commitment Letter (including the related executed Fee Letter) (with only certain fee amounts, pricing caps, “market flex” and other economic terms redacted (none of which terms adversely affect the conditionality, enforceability or availability of the Financing or reduces the aggregate principal amount thereof)). The Debt Commitment Letter and the commitments thereunder are in full force and effect on the date hereof, have not been amended or modified or withdrawn, waived or rescinded except as permitted hereby and, as of the date hereof, (i) there is no breach or default by the Purchaser or, to the Purchaser’s Knowledge, any of the Financing Sources existing (or which with notice or lapse of time or both may exist) thereunder; provided that the Purchaser is not making any representation or warranty regarding the effect of any inaccuracy in any representation or warranty set forth in Article 3 or noncompliance or nonperformance by the Sellers (and their respective Affiliates) with their respective obligations hereunder and (ii) assuming performance by the Sellers of their obligations hereunder that are required to be performed prior to the Initial Exhibit B - Page 42 of 134 4/28/2017 Exhibit xxxxx://xxx.xxx.xxx/Archives/xxxxx/data/1002638/000100263816000084/exhibit21.htm 43/134 Closing and the accuracy of the representations and warranties set forth in Article 3 (in each case, only to the extent necessary to satisfy the conditions in Sections 6.3(a)(i) and (ii)), the Purchaser does not have any reason to believe that any of the conditions to the Financing will not be satisfied or that the amount of the Financing necessary for the satisfaction of each of the items described in the final sentence of this paragraph (a) will not be available to the Purchaser on the Initial Closing Date. The Purchaser has fully paid (or caused to be paid) any and all commitment fees or other fees in connection with the commitments under the Debt Commitment Letter that are due and payable on or prior to the date hereof, and as of the date hereof the Debt Commitment Letter constitutes a legal, valid and binding obligation of the Purchaser and, to the Knowledge of the Purchaser, the other parties thereto, in each case except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium and other Laws affecting creditors’ rights generally. Upon ...
Available Financing. The Purchaser shall have at the Closing sufficient cash, available lines of credit or other sources of immediately available funds to make payment of all amounts to be paid by it hereunder on and after the Closing Date, including all amounts required to be paid under Section 2.02 hereof.
Available Financing. Borrower shall use its commercially reasonable efforts to diligently pursue applications for financing for the Project from, or supported by guarantees from, the United States Department of Energy and/or the United States Department of Agriculture the (“Available Financing”) until such time as Borrower reasonably determines that it is not likely that Borrower will be able to obtain financing made or supported by either or both of such Governmental Agencies.
Available Financing. As of the date hereof, the Acquiror has sufficient cash and shall have sufficient cash to satisfy all of its obligations in connection with the transactions contemplated by this Agreement, and to satisfy any other payment obligations that shall arise in connection with the transactions contemplated by this Agreement.
Available Financing. “Available Financing” shall mean any permitted replacement, amended, supplemented, restated, amended and restated, modified, or alternative financing, including, without limitation, the Debt Financing; it being understood and agreed that for purposes of Section 6.11, for the avoidance of doubt, Available Financing shall not include any offering of debt securities.
Available Financing. The Buyer has delivered to the Shareholder a commitment letter (the "Prudential Commitment Letter") from Prudential Capital Group to lend the Buyer up to $63,000,000 to purchase the Shares. The Buyer has no reason to believe that Prudential Capital Group and the Buyer will not be able to reach agreement on the form and substance of a definitive agreement reflecting the terms of the Prudential Commitment Letter or that all conditions precedent to the obligations of Prudential Capital Group contained therein or in the Prudential Commitment Letter will not be satisfied. 4.6
Available Financing. At any time prior to the second anniversary of the date of this Agreement, upon the request of the Company, Investor shall loan to the Company up to $14,384,463 (in the aggregate), subject to adjustment under Section 2.5.3 (the “Loan Commitment”). Loan requests shall be made in increments of not less than $1,000,000.
Available Financing. 4 4.6 Financial Projections.......................................... 4 4.7 Investigation and Evaluation................................... 5 4.8
Available Financing. At any time prior to March 31, 2009, upon the request of the Company, Investor shall loan to the Company up to $14,384,463 (in the aggregate), subject to adjustment under Section 2.5.3 (the “Loan Commitment”). Loan requests shall be made in increments of not less than $1,000,000.
Available Financing. (i) From time to time, at Sellers’ Representatives’ reasonable request, Buyers shall inform Sellers’ Representative in reasonable detail of the status of Buyers’ efforts to arrange and consummate the available financing, including but not limited to debt or equity commitments (the “Available Financing”);
