Cash Resources. Parent has sufficient cash resources to pay the Total Consideration pursuant to this Agreement.
Cash Resources. Buyer has, prior to the execution of this Agreement, delivered to Seller, true and complete copies of written commitments of third parties to provide Buyer with the financing (in the form of both equity and debt) required for Buyer’s acquisition of the Business hereunder. Subject to the funding of the funds set forth in the written commitments, in each case, in accordance with and subject to their terms and conditions, Buyer will have at Closing cash in an amount sufficient to pay the Purchase Price at the Closing and any and all fees and expenses relating to the transactions contemplated under this Agreement and specifically acknowledges Seller has entered into this Agreement in reliance upon this representation.
Cash Resources. Buyer has cash and/or readily available financing in an amount sufficient to pay the Purchase Price at the Closing and any and all fees and expenses relating to the transactions contemplated under this Agreement and specifically acknowledges Seller has entered into this Agreement in reliance upon this representation. Buyer acknowledges that obtaining financing shall not be a condition to Closing.
Cash Resources. Parent has sufficient cash resources to pay the cash portion of the Merger Consideration to be paid pursuant to the terms hereof.
Cash Resources. Parent has sufficient cash resources to pay the cash portion of the consideration to be paid hereunder to Equityholders at the Closing.
Cash Resources. Buyer has, or has available to it, sufficient cash resources to perform and consummate the transactions contemplated by this Agreement.
Cash Resources. Parent has sufficient liquid cash resources to pay the Merger Consideration pursuant to this Agreement without resort to any credit facilities or “shelf” registrations.
Cash Resources. As of June 30, 2008, Ikaria Holdings, Inc. had net assets of approximately $210.8 million, and cash and cash equivalents of approximately $30.8 million. Buyer will have at the time payment thereof is required hereunder cash in an amount sufficient to make the payment described in Section 3.1(b)(i) hereof and specifically acknowledges that Seller has entered into this Agreement in reliance upon this representation.
Cash Resources. Acquiror has sufficient cash resources to pay the cash portion of the consideration to be paid to holders of Target Series D Preferred Stock in exchange for their shares of Target Series D Preferred Stock pursuant to the terms hereof.
Cash Resources. Parent has sufficient cash on hand or other sources of available funds to pay the Up-Front Cash Consideration to ABS at Closing on the terms set forth in this Agreement.
