Common use of Financial Capability Clause in Contracts

Financial Capability. At each Closing, such Purchaser shall have available funds necessary to consummate such Closing on the terms and conditions contemplated by this Agreement.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Hampton Roads Bankshares Inc), Securities Purchase Agreement (Hampton Roads Bankshares Inc), Securities Purchase Agreement (Hampton Roads Bankshares Inc)

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Financial Capability. At each Closing, such The Purchaser shall have available has funds necessary to consummate such the Closing on the terms and conditions contemplated by this Agreement.

Appears in 5 contracts

Samples: Securities Purchase Agreement (CONTRAFECT Corp), Stock Purchase Agreement (CONTRAFECT Corp), Share Subscription Agreement (Incyte Corp)

Financial Capability. At each the Closing, such the Purchaser shall have available funds necessary to consummate such the Closing on the terms and conditions contemplated by this Agreement.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Bancorp 34, Inc.), Securities Purchase Agreement (Pathfinder Bancorp, Inc.), Securities Purchase Agreement (Castle Creek Capital Partners V, LP)

Financial Capability. At each Closing, such Purchaser shall will have available funds necessary to consummate such the Closing on the terms and conditions contemplated by this Agreement.

Appears in 5 contracts

Samples: Investment Agreement (DBD Cayman, Ltd.), Investment Agreement (Boston Private Financial Holdings Inc), Investment Agreement (Pacific Capital Bancorp /Ca/)

Financial Capability. At each Closing, such The Purchaser shall have has available funds necessary to consummate such the Closing on the terms and conditions contemplated by this Agreement.

Appears in 4 contracts

Samples: Securities Purchase Agreement (TDH Holdings, Inc.), Securities Purchase Agreement (Wheeler Real Estate Investment Trust, Inc.), Securities Purchase Agreement (Wheeler Real Estate Investment Trust, Inc.)

Financial Capability. At each ClosingPurchaser currently has, such Purchaser shall have and at the Closing will have, available funds necessary to pay the funds described in Section 1.2(b)(2) and to consummate such the Closing on the terms and conditions contemplated by this Agreement.

Appears in 4 contracts

Samples: Investment Agreement (North American Financial Holdings, Inc.), Investment Agreement (North American Financial Holdings, Inc.), Investment Agreement (Green Bankshares, Inc.)

Financial Capability. At each the Closing, such Purchaser shall have available funds necessary to consummate such the Closing on the terms and conditions contemplated by this Agreementthe Transaction Documents.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Business First Bancshares, Inc.), Subordinated Note Purchase Agreement (Business First Bancshares, Inc.), Subordinated Note Purchase Agreement (Business First Bancshares, Inc.)

Financial Capability. At each the Closing, such Purchaser shall will have available funds necessary to consummate such the Closing on the terms and conditions contemplated by this Agreement.

Appears in 3 contracts

Samples: Investment Agreement (North American Financial Holdings, Inc.), Investment Agreement (North American Financial Holdings, Inc.), Investment Agreement (Tib Financial Corp.)

Financial Capability. At each ClosingSuch Purchaser currently has, such Purchaser shall have or at Closing will have, available funds necessary to consummate such purchase the Securities at Closing on the terms and conditions contemplated by this Agreement.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Scientific Industries Inc), Securities Purchase Agreement (Scientific Industries Inc), Securities Purchase Agreement (Scientific Industries Inc)

Financial Capability. At each Closing, such Such Purchaser shall have currently has available funds necessary to consummate such the Closing on the terms and conditions contemplated by this Agreement.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Washington Mutual, Inc), Securities Purchase Agreement (Washington Mutual, Inc), Securities Purchase Agreement (Washington Mutual, Inc)

Financial Capability. At each Closing, such the Purchaser shall will have available funds necessary to consummate such the Closing on the terms and conditions contemplated by this AgreementAgreement 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 2 contracts

Samples: Investment Agreement (WashingtonFirst Bankshares, Inc.), Investment Agreement (WashingtonFirst Bankshares, Inc.)

Financial Capability. At each Closing, such The Purchaser shall have has available funds necessary to consummate such the Initial Closing and any Drawdown Closing on the terms and conditions contemplated by this Agreement.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Strategic Storage Trust VI, Inc.), Preferred Stock Purchase Agreement (SmartStop Self Storage REIT, Inc.)

Financial Capability. At each Closing, such Purchaser shall have available funds necessary to consummate such the Closing on the terms and conditions contemplated by this Agreement.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Hampton Roads Bankshares Inc), Securities Purchase Agreement (Hampton Roads Bankshares Inc)

Financial Capability. At each the Closing, such Purchaser shall will have available funds necessary to pay the Purchase Price and consummate such the Closing on the terms and conditions contemplated by this Agreement.

Appears in 2 contracts

Samples: Investment Agreement (AlTi Global, Inc.), Investment Agreement (AlTi Global, Inc.)

Financial Capability. At each Closing, such The Purchaser shall have available currently has funds necessary to consummate such each Closing on the terms and conditions contemplated by this Agreement.

Appears in 2 contracts

Samples: License and Option Agreement (Spark Therapeutics, Inc.), Stock Purchase Agreement (Selecta Biosciences Inc)

Financial Capability. At each the Closing, such Purchaser shall have available funds necessary to consummate such the Closing on the terms and conditions contemplated by this Agreement.

Appears in 2 contracts

Samples: Subordinated Note Purchase Agreement (Citizens Community Bancorp Inc.), Form of Subscription Agreement (United Community Banks Inc)

Financial Capability. At each ClosingSuch Purchaser currently has, such Purchaser shall have or at Closing will have, available funds necessary to consummate such purchase the Shares at Closing on the terms and conditions contemplated by this Agreement.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Equity Bancshares Inc), Securities Purchase Agreement (Eclipse Resources Corp)

Financial Capability. At each Closing, such Purchaser shall have currently has available funds necessary to consummate such the Closing on the terms and conditions contemplated by this AgreementAgreement and the Credit Agreements.

Appears in 1 contract

Samples: Investment Agreement (Sirius Xm Radio Inc.)

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Financial Capability. At each Closing, such The Purchaser shall currently has and at the Closing will have available all funds necessary to consummate such the Closing on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Securities Purchase Agreement (Dell Inc)

Financial Capability. At each Closing, Closing such Purchaser shall will have available funds necessary to consummate such the Closing on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Angiotech Pharmaceuticals Inc)

Financial Capability. At each Closing, such Purchaser shall currently has or will have available at the Closing the funds necessary to consummate such the Closing on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Securities Purchase Agreement (JetPay Corp)

Financial Capability. At each the Closing, such Purchaser shall have available funds necessary to consummate such the Closing and deliver the Purchase Price to the Company on the terms and conditions contemplated by this Agreementthe Transaction Documents.

Appears in 1 contract

Samples: Subordinated Note Purchase Agreement (First Western Financial Inc)

Financial Capability. At each Closing, such the Purchaser shall will have available funds necessary to consummate such the Closing on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Securities Purchase Agreement (Bold Energy Holdings, LLC)

Financial Capability. At each Closing, such Closing Purchaser shall will have available funds necessary to consummate such the Closing on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Investment Agreement (National City Corp)

Financial Capability. At each Closing, such Purchaser shall will have available at Closing sufficient funds necessary to consummate such effect the Closing on the terms and conditions all other transactions contemplated by this Agreement.

Appears in 1 contract

Samples: Share Purchase Agreement (Compass Group Diversified Holdings LLC)

Financial Capability. At each the Closing, such Purchaser shall have available funds necessary to consummate such the Closing on the terms and conditions contemplated by this Purchase Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Bankwell Financial Group, Inc.)

Financial Capability. At each Closing, such Such Purchaser shall currently has or will have available at the Closing the funds necessary to consummate such the Closing on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Securities Purchase Agreement (JetPay Corp)

Financial Capability. At each Closing, such immediately upon the consummation of the Acquisition, the Purchaser shall will have available funds necessary to consummate such the Closing on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Securities Purchase Agreement (Bold Energy Holdings, LLC)

Financial Capability. At each Closing, such the Purchaser shall will have available funds necessary to consummate such the Closing on the terms and conditions contemplated by this AgreementAgreement and has the ability to bear the economic risks of its prospective investment in the Notes and can afford the complete loss of such investment.

Appears in 1 contract

Samples: Purchase Agreement (Anchor Bancorp Wisconsin Inc)

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