Common use of Financial Ability Clause in Contracts

Financial Ability. Buyer will have sufficient cash on hand at each Closing to fund the consummation of the transactions contemplated by this Agreement and the Transaction Documents, perform its obligations under this Agreement and the Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewith.

Financial Ability. Buyer has, and will have sufficient cash on hand at each Closing to fund the consummation as of the transactions Closing Date, sufficient funds with which to pay the Purchase Price and consummate the transaction contemplated by this Agreement and the Transaction Documents, perform its obligations under this Agreement and the Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewithAgreement.

Financial Ability. Buyer Buyer, at the Closing, will have funds sufficient cash on hand at each Closing to (a) pay the Purchase Price and any other expenses incurred by Buyer in connection with this Agreement; (b) fund the consummation of the transactions contemplated by this Agreement and the Transaction Documents, perform its obligations under this Agreement ; and the Transaction Documents and (c) satisfy all other costs and expenses arising in connection herewith and therewith, each without delay and without causing Buyer to become insolvent or declare insolvency.

Financial Ability. Buyer has, and will have sufficient at the Closing, cash on hand at each Closing necessary to fund the consummation of consummate the transactions contemplated by this Agreement Agreement, including (a) making payment of the Purchase Price to Seller at Closing and the Transaction Documents, perform its obligations under this Agreement (b) paying all related fees and the Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewithexpenses.

Financial Ability. As of the Closing, Buyer will have sufficient cash on hand at each Closing funds, in the aggregate, to fund the consummation of consummate the transactions contemplated by this Agreement Agreement, including the payment of the Base Purchase Price, and the Transaction Documents, perform its obligations under this Agreement and the Transaction Documents and to satisfy all other costs and expenses of Buyer arising in connection herewith and therewithherewith.

Financial Ability. Buyer has, or will have at Closing, funds sufficient cash on hand at each Closing to pay the Purchase Price, to fund the consummation of the transactions contemplated by this Agreement Agreement, and the Transaction Documents, perform its obligations under this Agreement and the Transaction Documents and to satisfy all other costs and expenses arising in connection herewith and therewithherewith.

Financial Ability. Buyer has (and will have sufficient cash on hand at each Closing to fund the consummation as of the transactions Closing have) sufficient committed cash to enable Buyer to consummate the transaction contemplated by this Agreement Agreement, the Ancillary Agreements and the Transaction Documents, perform its obligations under this Agreement and the Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewithagreement, documents or arrangements relating to the DIP Financing.

Financial Ability. Buyer will have have, as of the Closing Date, sufficient cash on hand at each Closing funds to pay the Purchase Price (in Dollars) and otherwise fund (in Dollars) the consummation of the transactions contemplated by this Agreement and the Transaction Documentssatisfy (in Dollars) all other costs, perform its expenses and obligations under arising in connection with this Agreement and the Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewithtransactions contemplated hereby.

Financial Ability. Buyer has, in cash or cash equivalents on hand, or will have sufficient cash on hand at each Closing funds in cash, to fund the consummation ensure timely payment in full of the Closing Purchase Price and any adjustments thereto and as may otherwise be required in order for Buyer to consummate the transactions to be performed by it contemplated by this Agreement and the Transaction Documents, perform its obligations under this Agreement and the Transaction Documents and to satisfy all other costs costs, expenses and expenses obligations of Buyer arising in connection herewith and therewiththerewith or hereunder.

Financial Ability. Buyer has and as of the Closing will have cash readily available in an amount that is sufficient cash on hand at each Closing to fund the consummation enable it to perform all of the transactions contemplated by this Agreement and the Transaction Documents, perform its obligations under this Agreement and to consummate the Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewithtransactions contemplated by this Agreement.

Financial Ability. Buyer has and will have at Closing sufficient cash on hand at each Closing or available borrowing capacity under existing credit facilities to fund the consummation of the transactions contemplated by this Agreement and the Transaction Documents, perform its their obligations under this Agreement and the Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewith.

Financial Ability. Buyer will have sufficient has and shall at Closing have, through a combination of cash on hand at each Closing and funds readily available under existing lines of credit and equity commitments, funds sufficient to fund Buyer’s obligations with respect to the consummation of the transactions contemplated by this Agreement and the Transaction Documents, perform its obligations under this Agreement and the Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewithherewith.

Financial Ability. At Closing, Buyer will have sufficient cash on hand at to pay the Purchase Price and to enable Buyer to perform each Closing to fund the consummation of its obligation hereunder, consummate the transactions contemplated by this Agreement hereby and the Transaction Documents, perform its obligations under this Agreement pay all related fees and the Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewithexpenses.

Financial Ability. The Buyer will have have, as of the Closing, sufficient cash on hand at each Closing sources of financing in order to fund the consummation of consummate the transactions contemplated by this Agreement and the Transaction Documents, perform to fulfill all of its obligations under this Agreement and hereunder, including, but not limited to, payment of the Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewithPurchase Price at Closing.

Financial Ability. Buyer will have has access to sufficient cash on hand at each Closing to fund the consummation of the transactions contemplated by this Agreement and (including the Transaction Documentspayment of the Purchase Price), perform its obligations under this Agreement and the Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewith.. CH\1406641

Financial Ability. Buyer will have at the Closing sufficient cash on hand at each Closing necessary to fund the consummation of consummate the transactions contemplated by this Agreement (including making the payments contemplated by Article II) on the terms and subject to the Transaction Documents, perform its obligations under this Agreement and the Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewithconditions set forth herein.

Financial Ability. Buyer has (or will have sufficient at the Closing) cash on hand at each Closing sufficient, in the aggregate, to fund the consummation of consummate the transactions contemplated by this Agreement Agreement, and the Transaction Documents, perform its obligations under this Agreement and the Transaction Documents and to satisfy all other costs and expenses arising in connection herewith and therewith. Buyer understands that its obligations to consummate the transactions contemplated by this Agreement (including the payment of all amounts when due) are not subject to the availability to Buyer of any financing.

Financial Ability. The Buyer will have has access to sufficient cash on hand at each Closing to fund the consummation of the transactions contemplated by this Agreement and agreement (including the Transaction Documentspayment of the Completion Cash Payment, as such amount is adjusted pursuant to the terms herein), perform its obligations under this Agreement and the Transaction Documents agreement and satisfy all other costs and expenses arising in connection herewith and therewith.

Financial Ability. As of the Closing, Buyer will shall have sufficient cash on hand at each Closing funding to fund the consummation of consummate the transactions contemplated by this Agreement and the Transaction Documents, perform its obligations under this Agreement and the Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewith.

Financial Ability. Buyer will have sufficient has cash or cash equivalents on hand at each Closing sufficient to fund the consummation of the transactions contemplated by this Agreement and the Transaction Documents, perform its obligations under this Agreement and the Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewith.

Financial Ability. The Buyer will has, and shall have at the Closing, sufficient cash on hand at each Closing funds to fund permit the consummation of Buyer to consummate the transactions contemplated by this Agreement and the Transaction Documents, perform its obligations under this Agreement and the Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewith.

Financial Ability. The Buyer now has, and as of the Closing will have have, sufficient cash on hand at each Closing or other immediately available funds to fund the consummation of consummate the transactions contemplated by this Agreement and the Transaction Documents, perform its obligations under this Agreement and the Transaction Documents and satisfy all other costs and expenses arising in connection herewith and therewith.