Common use of Financial Ability to Perform Clause in Contracts

Financial Ability to Perform. Purchaser has, and will have at the Closing, available cash or existing borrowing facilities that together are sufficient to enable it to consummate the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Lifestyle Innovations Inc)

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Financial Ability to Perform. Purchaser hashas cash on hand and committed financing that, and together, will have at the Closing, available cash or existing borrowing facilities that together are Closing be sufficient to enable it to consummate the transactions contemplated by this Agreement, upon the terms contemplated by this Agreement, and to pay its transaction fees and expenses.

Appears in 1 contract

Samples: Asset Purchase Agreement (Depomed Inc)

Financial Ability to Perform. The Purchaser has, and will have at the Closing, available cash or existing borrowing facilities that together are sufficient to enable it to consummate the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Ultrak Inc)

Financial Ability to Perform. The Purchaser has, and will have at the Closing, available cash or existing borrowing facilities that together are sufficient to enable it to consummate the transactions contemplated by this AgreementAgreement and the Transaction Documents to which it is a party.

Appears in 1 contract

Samples: Purchase Agreement (Sirva Inc)

Financial Ability to Perform. Purchaser The Buyer has, and will have at the Closing, available cash or and/or existing borrowing facilities that together are sufficient to enable it to pay the Purchase Price and to otherwise consummate the transactions contemplated by this AgreementAgreement and the Ancillary Transaction Agreements.

Appears in 1 contract

Samples: Purchase Agreement (Ml Life Insurance Co of New York)

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Financial Ability to Perform. The Purchaser has, has and will have at the Closing, Closing available cash or existing borrowing facilities in an aggregate amount that together are is sufficient to enable it to consummate the transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (International Wire Group Inc)

Financial Ability to Perform. The Purchaser has, and will have at the Closing, available cash on hand or existing borrowing facilities that together are sufficient to enable it to consummate the transactions contemplated by this AgreementAgreement and the other Transaction Documents to which it is a party.

Appears in 1 contract

Samples: Stock Purchase Agreement (Health Net Inc)

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