Financing Commitment. For the period commencing on the date hereof and ending on the fifth anniversary hereof, Atlas America and Resource Energy agree to provide to the MLP funding of up to an aggregate of One Million Five Hundred Thousand Dollars ($1,500,000) per annum to finance the cost of expanding the Gathering System or constructing new additions to the Gathering System. Atlas America and Resource Energy, jointly and severally, commit to provide such funding, upon the MLP's written request therefor, by purchasing Common Units at a price equal to the arithmetic average of the closing prices of the Common Units on the American Stock Exchange, or, if the American Stock Exchange is not the principal trading market for such security, on the principal trading market for such security, for the twenty consecutive trading days ending on the trading day prior to the purchase, or, if the fair market value of the Common Units cannot be calculated for such period on any of the foregoing bases, the average fair market value during such period as reasonably determined in good faith by the members of the managing board of the General Partner.
Financing Commitment. 22 Section 4.7
Financing Commitment. Definitive agreements between one or more financial institutions or other Persons and the Company or the Financing Corporation pursuant to which such financial institutions or other Persons agree, subject to the conditions set forth therein, to lend money to, or purchase securities of, the Company or the Financing Corporation, the proceeds of which shall be used to finance all or a portion of the Facilities.
Financing Commitment. The Lender agrees to provide to Borrower up to £2,000,000 (GBP) in loans (equivalent to approximately US$2,700,000 at the date of this agreement), in one or more tranches at the lenders discretion. Each loan (“Tranche”) shall be evidenced by a “Convertible Note” in the amount of such Tranche, bearing interest at the rate of 6% per annum, payable semi-annually. Each “Convertible Note” shall be due and payable on the 366th calendar day following receipt by the Borrower of each Tranche (“Maturity Date”). On each Maturity Date, the outstanding Convertible Notes shall be automatically converted into shares of Borrower’s common stock at a conversion price equal to the greater of US$0.02 or the average closing price of Borrower’s common stock on the Over-the-Counter Bulletin Board for the prior 60 trading days. Attached hereto as Exhibit “A” and incorporated herein by reference is a copy of the form of “Convertible Note” that will be issued hereunder. In the event of any discrepancy between this Agreement and the “Convertible Notes”, the terms and conditions of the Convertible Notes shall control.
Financing Commitment. Buyer has sufficient funds to pay the Purchase Price or, alternatively, has secured a financing commitment from a third party in an amount sufficient to pay the Purchase Price.
Financing Commitment. No later than June 23, 1997, Buyer shall have obtained, and delivered to Seller a true and correct copy of, a commitment (in form and substance satisfactory to Seller in its reasonable judgment) of a reputable financial institution to provide to Buyer the funds necessary (at any time to and including December 19, 1997) which together with Buyer's then existing resources enable it to satisfy all of Buyer's obligations under this Agreement and with respect to the transactions contemplated by this Agreement, including its obligation to purchase the Assets and to pay the Purchase Price, with funding subject only to (a) the satisfaction of the conditions to Closing set forth in Article VIII, (b) there having occurred no Material Adverse Change in the Financial Markets after the date of such commitment and (c) there having occurred no material adverse change in the financial condition of Buyer after the date of such commitment (the "Commitment"). Without limiting the foregoing, the Commitment shall not be subject to any condition with respect to equity funding (except a condition, if any, which such financial institution has confirmed, in writing to Seller, has been satisfied prior to the Initial Termination Date).
Financing Commitment. Within forty-five (45) days after the date of this Agreement, Buyer shall have received a financing commitment from Buyer's lenders in a form and substance satisfactory to Buyer in its sole and absolute discretion.
Financing Commitment. Prior to the expiration of the Due Diligence Period, Buyer shall provide Seller with a financing commitment or commitments, which has or have been accepted by Buyer from one or more equity investors or institutional lenders, to finance the purchase and redevelopment of the Property and adjacent parcels (the “Financing Commitment”). The Financing Commitment shall be consistent with the provisions of Section 4 above. In order to constitute a Financing Commitment, a commitment must be duly authorized by the issuer, and must be in substantially the same form and level of detail typically utilized by a prospective lender or investor in similar transactions, including requirements for Closing and conditions thereof; and, in the case of loan commitments, setting forth the proposed principal amount, interest rate, amortization terms, collateral or guaranty requirements, maturity date, improvements to be constructed, and the expiration date of the commitment.
Financing Commitment. By no later than thirty (30) days in advance of the projected Commercial Operation Date notified to Citizens pursuant to Section 4.2.13(b), Citizens shall execute definitive financing documents with financing parties that commit such financing parties (subject to customary conditions that Citizens reasonably believes will be satisfied on or prior to such projected Commercial Operation Date) to provide Citizens with sufficient financing to pay the Prepaid Rent (as defined in the S- Line Incremental Transfer Capability Lease) pursuant to the S- Line Incremental Transfer Capability Lease on such projected Commercial Operation Date.
Financing Commitment. Schedule 9.1(f) sets forth a complete and accurate summary of the financing commitments Guarantor and Operator have obtained to enable Operator to perform its obligations under this Agreement. Attached as Exhibits to Schedule 9.1(f) is a letter from Clearwire Corporation certifying that Schedule 9.1(f) is true and correct.
