Adequacy of Funds. The Purchaser has, or will have prior to or at the Closing, adequate financial resources to satisfy its monetary and other obligations under this Agreement including the obligation to pay the Merger Consideration in accordance herewith.
Adequacy of Funds. At the time of the Closing, such Purchaser will have available to it sufficient funds to satisfy its obligations under this Agreement.
Adequacy of Funds. The Senior Facility Agent shall have received evidence that the Facility Commitments, the proceeds from the issuance of the Initial Senior Bonds, and the revenues that qualify as “Funded Equity” under clause (c) of such definition as contemplated by the Construction Budget and Construction Schedule and any other funds reasonably expected to be available to the Borrower on terms and conditions that are reasonably acceptable to the Common Security Trustee, will be sufficient to achieve the Project Completion Date by the Date Certain.
Adequacy of Funds. Parent has adequate financial resources to satisfy its monetary and other obligations under this Agreement.
Adequacy of Funds. Buyer has and on the Closing Date will have access to sufficient resources to fund the Purchase Price and has provided Seller proof thereof , in form reasonably satisfactory to Seller, as of the date of this Agreement.
Adequacy of Funds. Buyer has, and will have prior to and at the Closing adequate financial resources to satisfy its monetary and other obligations under this Agreement including the obligation to pay the Purchase Price in accordance herewith.
Adequacy of Funds. Parent has, and will, as of the Acceptance Time, have, access to sufficient funds to consummate the Offer and the other transactions contemplated hereby on the terms and subject to the conditions contemplated by this Agreement.
Adequacy of Funds. At the time of acceptance of the Offer and at the Effective Time, Purchaser will have available to it on an unconditional basis the cash proceeds in an amount sufficient to enable Purchaser to purchase the Shares pursuant to the Offer and to consummate the Merger in accordance with the provisions of this Agreement.
Adequacy of Funds. As of the date hereof, Parent has, and will have available to it at the Closing, the financial capability and adequate unrestricted cash on hand necessary and sufficient to consummate the transactions contemplated by this Agreement and to satisfy Parent’s other monetary and other obligations contemplated by this Agreement.
Adequacy of Funds. Acquiror has delivered to Target a true and complete copy of the Commitment Letter (other than any Fee Letters relating solely to the payment of fees and that do not affect the terms and conditions under which the financing that is the subject of the Commitment Letter would be provided); provided, however, that the Parties acknowledge that the Commitment Letter has been redacted with respect to confidential information contained therein relating to fee amounts. As of August 26, 2010, (i) the Commitment Letter has not been amended or modified, and (ii) the commitments contained in the Commitment Letter have not been withdrawn or rescinded in any respect. As of August 26, 2010, no event or circumstance has occurred or exists that would reasonably be expected to constitute a default or breach or an incurable failure to satisfy a condition precedent under the terms and conditions of the Commitment Letter. There are no conditions precedent or other contingencies, side agreements or other arrangements or understandings (excluding the redacted portions of the Commitment Letter) related to the funding of the Financing or the terms thereof, other than as set forth in the Commitment Letter in the forms delivered to Target. Subject to the terms and conditions set forth in the Commitment Letter, and subject to the terms and conditions set forth in this Agreement, the aggregate proceeds contemplated by the Commitment Letter, together with the available cash on hand of Acquiror, will be sufficient for Acquiror to consummate the transactions contemplated hereby upon the terms contemplated by this Agreement. Acquiror has fully paid (or has caused to be fully paid) any and all commitment fees that have been incurred and are due and payable in connection with the Commitment Letter prior to August 26, 2010 and has otherwise satisfied (or caused to be satisfied) all other terms and conditions required to be satisfied pursuant to the terms of the Commitment Letter on or before the date hereof.
