Financial Capability. At Closing, the Investor will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investment.
Appears in 12 contracts
Samples: Stock Purchase Agreement (Anchor Bancorp Wisconsin Inc), Stock Purchase Agreement (Anchor Bancorp Wisconsin Inc), Stock Purchase Agreement (Anchor Bancorp Wisconsin Inc)
Financial Capability. At the Closing, the Investor will shall have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investmentAgreement.
Appears in 12 contracts
Samples: Subscription Agreement, Stock Purchase Agreement (Atlantic Capital Bancshares, Inc.), Subscription Agreement (CommunityOne Bancorp)
Financial Capability. At Closing, the The Investor will have immediately available funds necessary to consummate the Closing Closing, as of the date of the Closing, on the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investmentAgreement.
Appears in 10 contracts
Samples: Share Purchase Agreement (CyrusOne Inc.), Share Purchase Agreement (GDS Holdings LTD), Registration Rights Agreement (First Mariner Bancorp)
Financial Capability. At Closing, the Investor will shall have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investmentAgreement.
Appears in 9 contracts
Samples: Investment Agreement (Coastal Financial Corp), Investment Agreement (Coastal Financial Corp), Investment Agreement (Coastal Financial Corp)
Financial Capability. At the Closing, the Investor will such Purchaser shall have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investmentAgreement.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Central Federal Corp), Subordinated Note Purchase Agreement (Tectonic Financial, Inc.), Subordinated Note Purchase Agreement (Southern National Bancorp of Virginia Inc)
Financial Capability. At Closing, the Such Investor currently has or at Closing will have available funds necessary to consummate purchase the Shares at Closing on the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investmentAgreement.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Fly Leasing LTD), Securities Purchase Agreement (Summit Aviation Partners LLC), Securities Purchase Agreement (Summit Aviation Partners LLC)
Financial Capability. At Closing, the Investor will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement and the Secondary Sale Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investment.
Appears in 4 contracts
Samples: Secondary Sale Purchaser Agreement (Anchor Bancorp Wisconsin Inc), Secondary Sale Purchaser Agreement (Anchor Bancorp Wisconsin Inc), Secondary Sale Purchaser Agreement (Anchor Bancorp Wisconsin Inc)
Financial Capability. At the Closing, the Investor will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investmentAgreement.
Appears in 4 contracts
Samples: Securities Purchase Agreement (DHT Holdings, Inc.), Escrow Agreement (DHT Holdings, Inc.), Escrow Agreement (DHT Holdings, Inc.)
Financial Capability. At Closing, the The Investor currently has or at Closing will have available funds necessary to consummate purchase the Shares at Closing on the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investmentAgreement.
Appears in 4 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement (Fly Leasing LTD), Securities Purchase Agreement (Arthrocare Corp)
Financial Capability. At Closing, the The Investor will have has available funds necessary to consummate the Closing on and satisfy all of its obligations under this Agreement when required to do so pursuant to the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investmenthereof.
Appears in 3 contracts
Samples: Subscription Agreement (Toro Corp.), Subscription Agreement (Toro Corp.), Subscription Agreement (Pani Corp.)
Financial Capability. At Closing, the Closing the Investor will have available funds necessary to consummate the Closing Initial Closing, its obligations with respect to the Rights Offering, and the Subsequent Closing, in each case on the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investmentAgreement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (SWK Holdings Corp), Securities Purchase Agreement (Carlson Capital L P), Securities Purchase Agreement (SWK Holdings Corp)
Financial Capability. At Closing, the Closing each Investor will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investmentAgreement.
Appears in 3 contracts
Samples: Standby Purchase Agreement (Trade Street Residential, Inc.), Standby Purchase Agreement (Trade Street Residential, Inc.), Standby Purchase Agreement (Trade Street Residential, Inc.)
Financial Capability. At Closing, the each Investor will shall have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investmentAgreement.
Appears in 3 contracts
Samples: Investment Agreement (Sterling Financial Corp /Wa/), Investment Agreement (Sterling Financial Corp /Wa/), Investment Agreement (Sterling Financial Corp /Wa/)
Financial Capability. At Closing, the The Investor will have has available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investmentAgreement.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Vallon Pharmaceuticals, Inc.), Stock Purchase Agreement (Vallon Pharmaceuticals, Inc.), Stock Purchase Agreement (Navidea Biopharmaceuticals, Inc.)
Financial Capability. At Closingthe Funding Date, the Investor will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investmentAgreement.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Eagle Bulk Shipping Inc.), Stock Purchase Agreement (Eagle Bulk Shipping Inc.)
Financial Capability. At Closing, The Investor currently has or at the Investor Closing will have available funds necessary to consummate the Closing Closing, respectively, on the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investmentAgreement.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Myrexis, Inc.), Stock Purchase Agreement (Xstelos Holdings, Inc.)
Financial Capability. At Closing, the Closing the Investor will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investmentAgreement.
Appears in 2 contracts
Samples: Investment Agreement (Griffon Corp), Registration Rights Agreement (Allis Chalmers Energy Inc.)
Financial Capability. At Closing, the Investor will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investmentAgreement.
Appears in 2 contracts
Samples: Standby Purchase Agreement (Central European Media Enterprises LTD), Standby Purchase Agreement (CME Media Enterprises B.V.)
Financial Capability. At Closing, the Investor will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement and has have the ability to bear the economic risks of its prospective investment in the Purchased Shares and can the ability to afford the complete loss of such investment.
Appears in 2 contracts
Samples: Stock Purchase Agreement (FJ Capital Management LLC), Stock Purchase Agreement (Centrue Financial Corp)
Financial Capability. At Closing, the The Investor will have has available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks satisfy all of its prospective investment in obligations under this Agreement when required to do so pursuant to the Purchased Shares and can afford the complete loss of such investmentterms hereof.
Appears in 2 contracts
Samples: Share Purchase Agreement (Castor Maritime Inc.), Share Purchase Agreement (Toro Corp.)
Financial Capability. At Closing, the The Investor will have available at the Closing the funds necessary to consummate purchase the Preferred Shares at Closing on the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investmentAgreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Synchronoss Technologies Inc), Securities Purchase Agreement (Accretive Health, Inc.)
Financial Capability. At Closing, the Investor currently has or at Closing will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investment.Agreement
Appears in 1 contract
Samples: Investment Agreement (X Rite Inc)
Financial Capability. At ClosingSuch Investor currently has, the Investor and at Closing will have have, available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investmentAgreement.
Appears in 1 contract
Samples: Investment Agreement (X Rite Inc)
Financial Capability. At Closing, the Closing the Investor will have available funds funds, in each case, necessary to consummate the Closing on the terms and conditions contemplated by this Agreement and has to make any other necessary payment required by the ability to bear Investor contemplated hereunder and under the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investmentother Transaction Documents.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Nesco Holdings, Inc.)
Financial Capability. At Closing, the Such Investor currently has or will have at Closing available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investmentAgreement.
Appears in 1 contract
Samples: Securities Purchase Agreement (Ruths Hospitality Group, Inc.)
Financial Capability. At Closingthe Closing Date, the Investor will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investmentAgreement.
Appears in 1 contract
Samples: Subscription Agreement (Central European Media Enterprises LTD)
Financial Capability. At the Closing, the Investor will have available to it an aggregate amount of immediately available funds necessary to consummate the Closing on the Closing Date on the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investmentAgreement.
Appears in 1 contract
Financial Capability. At Closingthe Funding Time, the Investor will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investmentAgreement.
Appears in 1 contract
Financial Capability. At each Closing, the Investor will shall have available funds necessary to consummate the such Closing on the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investmentAgreement.
Appears in 1 contract
Samples: Investment Agreement (First Federal Bancshares of Arkansas Inc)
Financial Capability. At Closing, the The Investor currently has or at Closing will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investmentAgreement.
Appears in 1 contract
Financial Capability. At Closing, the The Investor will have has available funds necessary to consummate the each Closing on the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investmentAgreement.
Appears in 1 contract
Samples: Stock Purchase Agreement (Navidea Biopharmaceuticals, Inc.)
Financial Capability. At Closing, the such Anchor Investor will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investmentAgreement.
Appears in 1 contract
Financial Capability. At Closing, the The Investor will have has available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement and has will deposit such funds with the ability Company by the Funding Date pursuant to bear the economic risks terms of its prospective investment in the Purchased Shares and can afford the complete loss of such investmentthis Agreement.
Appears in 1 contract
Samples: Stock Purchase Agreement (Pangaea Logistics Solutions Ltd.)
Financial Capability. At Closing, the Such Investor currently has or at Closing will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investment.Agreement
Appears in 1 contract
Financial Capability. At the Closing, the Investor will have available sufficient funds necessary to consummate the Closing on transactions required to be consummated by it hereunder at the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investmentClosing.
Appears in 1 contract
Financial Capability. At the Closing, the Investor Investors will have available sufficient funds necessary to consummate the Closing on transactions required to be consummated by it hereunder at the terms and conditions contemplated by this Agreement and has the ability to bear the economic risks of its prospective investment in the Purchased Shares and can afford the complete loss of such investmentClosing.
Appears in 1 contract
