Common use of Financial Capability Clause in Contracts

Financial Capability. The Investor will have immediately available funds necessary to consummate the First Closing and the Second Closing, as of the respective date of each such closing, on the terms and conditions contemplated by this Agreement.

Appears in 9 contracts

Samples: Securities Purchase Agreement (Brown Bernard A), Securities Purchase Agreement (Sun Bancorp Inc /Nj/), Securities Purchase Agreement (Sun Bancorp Inc /Nj/)

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Financial Capability. The Such Investor will have has immediately available funds necessary to consummate the First Closing and the Second Closing, as of the respective date of each such closing, on the terms and conditions contemplated by this Agreement.

Appears in 8 contracts

Samples: Stock Purchase Agreement (Vaccinex, Inc.), Stock Purchase Agreement (Vaccinex, Inc.), Stock Purchase Agreement (Vaccinex, Inc.)

Financial Capability. The Investor will have has immediately available funds necessary to consummate the First Closing and the Second Closing, as of the respective date of each such closingthe Closing, on the terms and conditions contemplated by this Agreement.

Appears in 7 contracts

Samples: Securities Purchase Agreement (United Community Financial Corp), Securities Purchase Agreement (Mackinac Financial Corp /Mi/), Securities Purchase Agreement (Mackinac Financial Corp /Mi/)

Financial Capability. The Such Other Investor will have immediately available funds necessary to consummate the First Closing and the Second Closing, as of the respective date of each such closingthe Closing, on the terms and conditions contemplated by this Agreement.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Focus Media Holding LTD), Securities Purchase Agreement (Visionchina Media Inc.), Securities Purchase Agreement (Focus Media Holding LTD)

Financial Capability. The Investor has or will have immediately available funds necessary to pay the Purchase Price and consummate the First Closing and the Second Closing, as of the respective date of each such closingthe Closing, on the terms and conditions contemplated by this Agreement.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Eastern Virginia Bankshares Inc), Securities Purchase Agreement (Eastern Virginia Bankshares Inc), Securities Purchase Agreement (Eastern Virginia Bankshares Inc)

Financial Capability. The Investor will have has immediately available funds necessary to consummate the First Closing Closing, as of the date of this Agreement, and the Second Closing, as of the respective date of Second Closing Date, as applicable, in each such closing, case on the terms and conditions contemplated by this Agreement.

Appears in 2 contracts

Samples: Investment Agreement (National Penn Bancshares Inc), Investment Agreement (Webster Financial Corp)

Financial Capability. The Such Investor will have immediately available funds necessary to consummate the First Closing and the Second Closingwith respect to such Investor, as of the respective date of each Closing Date with respect to such closingInvestor, on the terms and conditions contemplated by this Agreement.

Appears in 2 contracts

Samples: Note Purchase Agreement (GDS Holdings LTD), Note Purchase Agreement (GDS Holdings LTD)

Financial Capability. The Investor has or will have immediately available funds necessary to pay the applicable Purchase Price and consummate the First Closing and the Second applicable Closing, as of the respective date of each such closingClosing, on the terms and conditions contemplated by this Agreement.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Summit Financial Group Inc), Securities Purchase Agreement (MBT Financial Corp)

Financial Capability. The Investor will have has immediately available funds necessary to consummate the First Closing and the Second Closing, as of the respective date of each such closing, on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Vaccinex, Inc.)

Financial Capability. The Such Investor has and will have at Closing immediately available funds necessary to consummate the First Closing and the Second Closing, as of the respective date of each such closing, on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Share Purchase Agreement (Athenex, Inc.)

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Financial Capability. The Investor will have immediately available funds necessary to consummate the First Closing and with respect to the Second ClosingInvestor, as of the respective date of each such closingClosing Date with respect to the Investor, on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (GDS Holdings LTD)

Financial Capability. The Such Investor will have immediately available funds necessary to consummate the First Closing and the Second Closing, as of the respective date of each such closingthe Closing, on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Registration Rights Agreement (Cascade Bancorp)

Financial Capability. The Such Investor will have at Closing immediately available funds necessary to consummate the First Closing and the Second Closing, as of the respective date of each such closing, on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Share Purchase Agreement (Athenex, Inc.)

Financial Capability. The Investor will have immediately available funds necessary to consummate the First Closing and the Second Closing, as of the respective date of each such closing, Closing Date on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Share Subscription Agreement (GDS Holdings LTD)

Financial Capability. The Investor has and will have at Closing immediately available funds necessary to consummate the First Closing and the Second Closing, as of the respective date of each such closing, on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: Share Purchase Agreement (Athenex, Inc.)

Financial Capability. The Investor will have immediately available funds necessary to consummate the First Closing and the Second Closingtransactions contemplated hereby, as of the respective date of each such any closing, on the terms and conditions contemplated by this Agreement.

Appears in 1 contract

Samples: This Agreement (Sun Bancorp Inc /Nj/)

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