Sufficient Funds Clause Samples

Sufficient Funds. (a) As of the Closing Date, Buyer will have available to it sufficient funds (which funds, as well as the obligations of Buyer hereunder, shall not be subject to any financing condition or contingencies) to consummate the purchase of the Shares and satisfy all obligations of Buyer under the Agreement, including the payment of the Net Purchase Price and any associated expenses. Buyer has provided to Seller a true, correct and complete copy of the executed equity commitment letter (including all exhibits, schedules and annexes thereto) from the Equity Financing Source attached hereto as Exhibit D (the “Equity Commitment Letter”), pursuant to which the Equity Financing Source has committed to invest the amounts set forth therein (the “Equity Financing”) and providing that Seller is an express third-party beneficiary thereof. (b) The Equity Commitment Letter is in full force and effect and has not been withdrawn or terminated, or otherwise amended or modified in any respect, and no withdrawal, termination, amendment or modification is contemplated. The Equity Commitment Letter, in the form so delivered, is a valid and binding obligation of Buyer and, to the knowledge of Buyer, the other parties thereto, enforceable in accordance with its respective terms against the parties thereto. There are no other agreements, side letters or other arrangements of any kind relating to the Equity Financing other than the Equity Commitment Letter. No event has occurred that, with or without notice, lapse of time or both, would constitute a default or breach on the part of Buyer under any term or condition of the Equity Financing, and Buyer has no reason to believe that it will be unable to satisfy, on a timely basis, any term or condition of Closing to be satisfied by it contained in the Equity Financing, or that any portion of the Equity Financing will be unavailable on the Closing Date. Buyer has fully paid any and all commitment fees or other fees required by the Equity Financing to be paid on or before the date of this Agreement. The aggregate proceeds from the Equity Financing constitute all of the financing required by Buyer to consummate the transactions and satisfy its obligations contemplated by this Agreement, including the payment of the Net Purchase Price, the payment of all associated costs and expenses, and the repayment of all Indebtedness as contemplated by Article III (including any required refinancing of Indebtedness of Buyer). The Equity Commitment Letter ...

Sufficient Funds. Buyer has, and will have at the Effective Time, sufficient funds to consummate the transactions contemplated by this Agreement, subject to the terms and conditions of this Agreement.

Sufficient Funds. Borrower holds sufficient funds and/or binding commitments for sufficient funds to complete the acquisition of the Property and the rehabilitation of the Development in accordance with the terms of this Agreement.

Sufficient Funds. Purchaser shall have on the Closing Date sufficient funds on hand to pay in full the Purchase Price.

Sufficient Funds. Such Purchaser will have available to it at the Closing sufficient funds to enable such Purchaser to pay in full at the Closing the entire amount of such Purchaser’s Funding Obligation in immediately available cash funds.

Sufficient Funds. As of immediately prior to or substantially simultaneously with the Closing, Parent will have sufficient funds to pay the Merger Consideration and to effect all other transactions contemplated by this Agreement and the Purchase Price Adjustment Escrow Agreement.

Sufficient Funds. With respect to the Additional Loans, the amount on deposit in the Supplemental Purchase Account shall be greater than or equal to the related Additional Loans Purchase Price.

Sufficient Funds. Upon the Closing, Buyer will have immediately available funds sufficient for the satisfaction of all of Buyer’s obligations under this Agreement, including the payment of the Purchase Price and all fees, expenses of, and other amounts required to be paid by, Buyer in connection with the transactions contemplated hereby.

Sufficient Funds. Purchaser has as of the date hereof and will have as of the Closing Date access to fully committed funds sufficient to consummate the transactions contemplated by this Agreement.