Common use of Cash Resources Clause in Contracts

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.

Appears in 4 contracts

Samples: Asset Purchase Agreement (PDL Biopharma, Inc.), Asset Purchase Agreement (Facet Biotech Corp), Asset Purchase Agreement (PDL Biopharma, Inc.)

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