Financial Capability. The Purchaser currently has available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement. The Purchaser is not aware of any reason why the funds sufficient to fulfill its obligations under Section 2 (Purchase; Closing) will not be available on the Closing Date.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Simplify Inventions, LLC), Stock Purchase Agreement (Simplify Inventions, LLC), Stock Purchase Agreement (B. Riley Financial, Inc.)
Financial Capability. The Such Purchaser currently has at the Closing will have available funds necessary to consummate the Closing of the Purchase Securities to be purchased by it on the terms and conditions contemplated by this AgreementAgreement and to make any other necessary payment contemplated to be made hereunder at the Closing. The Such Purchaser is not aware of any reason why the funds sufficient to fulfill its obligations under Section Article 2 (Purchase; Closingincluding the Applicable Purchase Price) will not be available on at the Closing DateClosing.
Appears in 2 contracts
Samples: Cumulative Perpetual Preferred Stock and Warrant Purchase Agreement (Kennedy-Wilson Holdings, Inc.), Purchase Agreement (Kennedy-Wilson Holdings, Inc.)
Financial Capability. The Purchaser currently has as of the date hereof and at the Closing will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this AgreementAgreement and to make any other necessary payment contemplated hereunder and under the other Transaction Documents. The Purchaser is not aware of any reason why the funds sufficient to fulfill its obligations under Section 2 Article I (Purchase; Closingincluding the Aggregate Purchase Price) and under the other Transaction Documents will not be available on the Closing Date.
Appears in 2 contracts
Samples: Equity Commitment and Investment Agreement (Ani Pharmaceuticals Inc), Agreement and Plan of Merger (Ani Pharmaceuticals Inc)
Financial Capability. The Purchaser currently has capital commitments sufficient to, and at Closing will have, available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement. The Purchaser is not aware of any reason why the funds sufficient to fulfill its obligations under Section 2 (Purchase; Closing) Article I will not be available on the Closing DateDate upon request of its limited partners.
Appears in 2 contracts
Samples: Investment Agreement (Care.com Inc), Investment Agreement (Genesee & Wyoming Inc)
Financial Capability. The Purchaser currently has at the Closing will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement. The Purchaser is not aware of any reason why the funds sufficient to fulfill its obligations under Section 2 (Purchase; Closing) Article I will not be available on the Closing Date.
Appears in 2 contracts
Samples: Purchase Agreement (Melinta Therapeutics, Inc. /New/), Investment Agreement (Graftech International LTD)
Financial Capability. The At the Closing, the Purchaser currently has will have access to available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement. The Purchaser is not aware of any reason why the funds sufficient to fulfill its obligations under Section 2 Article I (Purchase; Closingincluding paying the Purchase Price) will not be available on the Closing Date.
Appears in 2 contracts
Samples: Registration Rights Agreement (Agilysys Inc), Investment Agreement (EVO Payments, Inc.)
Financial Capability. The Such Purchaser currently has has, and at each Closing will have, available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement. The Such Purchaser is not aware as of the date hereof of any reason why the funds sufficient to fulfill its obligations under Section 2 (Purchase; Closing) Article I will not be available on the applicable Closing Date.. Section 3.5
Appears in 1 contract
Samples: PHX 332633099v6 Investment Agreement (Roadrunner Transportation Systems, Inc.)
Financial Capability. The Purchaser currently has capital commitments sufficient to, and at the Closing will have available funds necessary to to, consummate the Closing on the terms and conditions contemplated by this Agreement. The Purchaser is not aware of any reason why the funds sufficient to fulfill its obligations under Section 2 (Purchase; Closing) Article I will not be available on the Closing DateDate upon request of its limited partners.
Appears in 1 contract
Samples: Investment Agreement (Crocs, Inc.)
Financial Capability. The Such Purchaser currently has capital commitments sufficient to, and at Closing will have, available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement. The Such Purchaser is not aware of any reason why the funds sufficient to fulfill its obligations under Section 2 (Purchase; Closing) Article I will not be available on the Closing DateDate upon request of its limited partners or members, as applicable.
Appears in 1 contract
Samples: Registration Rights Agreement (Earthstone Energy Inc)
Financial Capability. The Purchaser currently has at the Closing will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this AgreementAgreement and to make any other necessary payment contemplated hereunder and under the other Transaction Documents. The Purchaser is not aware of any reason why the funds sufficient to fulfill its obligations under Section 2 Article I (Purchase; Closingincluding the Aggregate Purchase Price) and under the other Transaction Documents will not be available on the Closing Date.
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Financial Capability. The Such Purchaser currently has at the Closing will have available funds necessary to consummate the Closing of the Shares to be purchased by it on the terms and conditions contemplated by this AgreementAgreement and to make any other necessary payment contemplated to be made hereunder at the Closing. The Such Purchaser is not aware of any reason why the funds sufficient to fulfill its obligations under Section Article 2 (Purchase; Closingincluding the Applicable Purchase Price) will not be available on at the Closing DateClosing.
Appears in 1 contract
Samples: Registration Rights Agreement (Kennedy-Wilson Holdings, Inc.)
Financial Capability. The At the Closing, the Purchaser currently has will have access to available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement. The Purchaser is not aware of any reason why the funds sufficient to fulfill its obligations under Section 2 Article I (Purchase; Closingincluding paying its portion of the Purchase Price) will not be available on the Closing Date.
Appears in 1 contract
Samples: Investment Agreement (Rhythm Pharmaceuticals, Inc.)
Financial Capability. The Purchaser currently has at the Closing will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement. The Purchaser is not aware of any reason why the funds sufficient to fulfill its obligations under Section 2 (Purchase; Closing) Article I will not be available on the Closing Datedate hereof.
Appears in 1 contract
Financial Capability. The Such Purchaser currently has capital commitments sufficient to, and at the Closing will have available funds necessary to to, consummate the Closing on the terms and conditions contemplated by this Agreement. The Such Purchaser is not aware as of the date hereof of any reason why the funds sufficient to fulfill its obligations under Section 2 (Purchase; Closing) Article I will not be available on the Closing Date.
Appears in 1 contract
Samples: Investment Agreement (Roadrunner Transportation Systems, Inc.)
Financial Capability. The Purchaser currently has capital commitments sufficient to, and at Closing will have, available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement. The Purchaser is not aware of any reason why the funds sufficient to fulfill its obligations under Section 2 (Purchase; Closing) Article I will not be available on the Closing DateDate upon request of its limited partners or members, as applicable.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (WildHorse Resource Development Corp)
Financial Capability. The At the Closing, such Purchaser currently has will have access to available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement. The Such Purchaser is not aware of any reason why the funds sufficient to fulfill its obligations under Section 2 Article I (Purchase; Closingincluding paying its portion of the Purchase Price) will not be available on the Closing Date.
Appears in 1 contract
Samples: Registration Rights Agreement (Lindblad Expeditions Holdings, Inc.)
Financial Capability. The Purchaser currently has has, and at the Closing will have available funds necessary to to, consummate the Closing on the terms and conditions contemplated by this Agreement. The Purchaser is not aware of any reason why the funds sufficient to fulfill its obligations under Section 2 (Purchase; Closing) Article I will not be available on the Closing Date. In no event shall the receipt or availability of funds, capital or capacity be a condition to the Purchaser’s obligations under this Agreement.
Appears in 1 contract
Financial Capability. The Purchaser currently has capital commitments sufficient to, and at each Closing will have available funds necessary to to, consummate the each Closing on the terms and conditions contemplated by this Agreement. The Purchaser is not aware of any reason why the funds sufficient to fulfill its obligations under Section 2 (Purchase; Closing) Article I will not be available on the applicable Closing DateDate upon request of its limited partners.
Appears in 1 contract
Financial Capability. The Purchaser currently has available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement. The Purchaser is not aware of any reason why the funds sufficient to fulfill its obligations under Section 2 (Purchase; Closing) will not be available on the Closing Date.
Appears in 1 contract
Samples: Stock Purchase Agreement (Advent International Corp/Ma)
Financial Capability. The Purchaser currently has at the Closing will have available funds necessary to consummate the Closing on the terms and conditions contemplated by this AgreementAgreement and to make any other necessary payment contemplated hereunder and under the other Transaction Documents. The Purchaser is not aware of any reason why the funds sufficient to fulfill its obligations under Section 2 Article I (Purchase; Closingincluding paying the Purchase Price) and under the other Transaction Documents will not be available on the Closing Date.
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Financial Capability. The At each Closing, Purchaser currently has will have access to available funds necessary to consummate the such Closing on the terms and conditions contemplated by this Agreement. The Purchaser is not aware of any reason why the funds sufficient to fulfill its obligations under Section 2 Article I (Purchase; Closingincluding paying the First Closing Purchase Price and the Second Closing Purchase Price) will not be available on the applicable Closing Date.
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