Common use of Capability to Perform Clause in Contracts

Capability to Perform. As of the Closing Date Purchaser will have available (either in immediately available cash or from available unused lines of credit or third party financing, or a combination thereof) funds sufficient to pay the Purchase Price payable pursuant to Section 2.3 and Section 2.4, and to consummate the transactions contemplated hereby.

Appears in 2 contracts

Sources: Purchase Agreement (Limelight Networks, Inc.), Purchase Agreement (DG FastChannel, Inc)

Capability to Perform. As Buyer has, and as of the Closing Date Purchaser will have have, available (either in immediately available cash or from available unused lines of credit or third party financing, or a combination thereof) funds sufficient to pay the Purchase Price payable pursuant to Section 2.3 and Section 2.4, and to consummate the transactions contemplated herebyContemplated Transactions.

Appears in 1 contract

Sources: Membership Interest Purchase Agreement (Healthextras Inc)