Common use of Commitment Letter; Certain Termination Rights Clause in Contracts

Commitment Letter; Certain Termination Rights. (a) Purchaser agrees to use its reasonable best efforts to take, or cause to be taken, all actions, and to do, or cause to be done, all things necessary, proper or advisable to have sufficient funds available, in cash and pursuant to a firm commitment letter to be issued by First Union Capital Markets, Inc. (the "Commitment Letter"), to purchase all the Shares for the Purchase Price, to pay all amounts required pursuant to Section 6.12, and to perform all of its obligations hereunder. Purchaser agrees to use its reasonable best efforts to obtain the Commitment Letter, and to cause a copy thereof to be delivered to Seller, on or before December 31, 1998 (the "Commitment Letter Due Date"). (b) If Purchaser fails to obtain the Commitment Letter on or before the Commitment Letter Due Date, Purchaser shall thereafter have the right to terminate this Agreement at any time on or before the date (the "Section 6.19(b) Last Termination Date") that is two Business Days following the Commitment Letter Due Date. (c) If Purchaser fails to deliver the Commitment Letter to Seller on or before the Commitment Letter Due Date and elects not to terminate this Agreement pursuant to Section 6.19(b) on or before the Section 6.19

Appears in 2 contracts

Sources: Stock Purchase Agreement (Fidelity Leasing Inc), Stock Purchase Agreement (Resource America Inc)