Adequate Cash Sample Clauses

Adequate Cash. As of the Merger Funding Date, the Borrowers have ------------- cash or Cash Equivalents on hand in an amount sufficient, when added to the Loans made on and after the Merger Funding Date, (A) to pay all amounts payable by it in respect of the Merger, (B) to fund OHM's probable liability to Dissenters, (C) to pay all Transaction Costs and (D) to repay all outstanding obligations under the Existing OHM Credit Agreement.
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Adequate Cash. QPI, US Holdings and Acquisition Sub collectively have cash or cash equivalents on hand sufficient to pay an amount within the range of WCP's reasonable possible liability with respect to any exercise of dissenters' rights as to the Merger;
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Adequate Cash. Purchaser has and will have as of the Closing sufficient cash on hand to pay the cash portion of the Purchase Price and to pay and satisfy the costs and expenses required to be paid or satisfied by Purchaser pursuant to this Agreement.
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Adequate Cash. OFC's obligations under this Agreement, including its obligation to deposit cash with the Exchange Agent and to pay, or cause the Exchange Agent to pay, the Cash Consideration and to pay for any fractional shares of OFC Common Stock, are not subject to any financing contingency, and OFC has adequate capital, and will have adequate cash on hand at the Effective Time, to deposit the entire cash portion of the Exchange Fund with the Exchange Agent in accordance with the requirements of this Agreement.
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Adequate Cash. Notwithstanding the provisions of this Section 2.1, Lender shall be obligated to advance any Interim Loan only if, at the time such Interim Loan is to be advanced, Guarantor has Adequate Cash in the amount of not less than Twenty-Five Million Dollars ($25,000,000). If the amount of Adequate Cash is insufficient as provided in this subparagraph, and if the Interim Loan was to be a Lender Equipment Loan, Borrower shall be relieved of its obligation to purchase the related Lender Equipment and, if delivered, it shall be returned to Lender at the direction of Lender at Borrower's sole cost and expense.
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Adequate Cash. 36 2.3.2 Merger Approval.................................... 36 2.3.3
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Adequate Cash. The Purchaser has adequate cash on hand to pay the cash portion of the Aggregate Consideration set forth in Section 2.03(a)(i).
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Adequate Cash. The Company and the Subsidiaries have adequate cash on hand or borrowing power to satisfy all accrued short-term liabilities and all trade payables of the Company and the Subsidiaries as of the date hereof. All borrowings by the Company under construction draw loans have been applied, in accordance with the Company’s use of funds representations to the applicable lender, to trade vendors and not for employee compensation or other general obligations of the Company.
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Adequate Cash. At the Closing, the Company shall have adequate cash and unrestricted funds on hand or borrowing power to satisfy all accrued short-term liabilities and all trade payables of the Company. All borrowings by the Company under construction draw loans have been applied, in accordance with the Company’s use of funds representations to the applicable lender, to trade vendors and not for employee compensation or other general obligations of the Company.
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Related to Adequate Cash

  • Adequate Funds Buyer has all funds necessary to enable it to perform this Agreement in accordance with its terms.

  • Adequate Consideration Executive expressly agrees that the Company has provided adequate, reasonable consideration for the obligations imposed upon him in this Agreement.

  • Adequate Capitalization As of March 31, 2012, the Bank meets or exceeds the standards necessary to be considered “well capitalized” under the FDIC’s regulatory framework for prompt corrective action.

  • Adequate Assurance Landlord and Tenant acknowledge that, pursuant to the Code, Landlord is entitled to adequate assurances of future performance of the provisions of this Lease. The parties agree that the term “adequate assurance” shall include at least the following:

  • Adequate Assurances If the Parties have so agreed in Part XI of the Schedule, the failure by a Party to give adequate assurances of its ability to perform any of its obligations under the Agreement within two (2) Business Days of a written request to do so when the other Party has reasonable grounds for insecurity shall be an Event of Default under the Agreement.

  • Adequate Protection Each Second Priority Agent, on behalf of itself and each applicable Second Priority Secured Party, agrees that none of them shall contest (or support any other Person contesting) (a) any request by any First Lien Agent or Senior Lenders for adequate protection or (b) any objection by any First Lien Agent or Senior Lenders to any motion, relief, action or proceeding based on such First Lien Agent’s or the Senior Lenders’ claiming a lack of adequate protection. Notwithstanding the foregoing, in any Insolvency or Liquidation Proceeding, (i) if the Senior Lenders (or any subset thereof) are granted adequate protection in the form of additional collateral in connection with any DIP Financing or use of cash collateral under Section 363 or Section 364 of Title 11 of the United States Code or any similar Bankruptcy Law, then each Second Priority Agent, on behalf of itself and any applicable Second Priority Secured Party, (A) may seek or request adequate protection in the form of a replacement Lien on such additional collateral, which Lien is subordinated to the Liens securing the Senior Lender Claims and such DIP Financing (and all Obligations relating thereto) on the same basis as the other Liens securing the Second Priority Claims are so subordinated to the Liens securing Senior Lender Claims under this Agreement and (B) agrees that it will not seek or request, and will not accept, adequate protection in any other form, and (ii) in the event any Second Priority Agent, on behalf of itself or any applicable Second Priority Secured Party, seeks or requests adequate protection and such adequate protection is granted in the form of additional collateral, then such Second Priority Agent, on behalf of itself or each such Second Priority Secured Party, agrees that the First Lien Agents shall also be granted a senior Lien on such additional collateral as security for the applicable Senior Lender Claims and any such DIP Financing and that any Lien on such additional collateral securing the Second Priority Claims shall be subordinated to the Liens on such collateral securing the Senior Lender Claims and any such DIP Financing (and all Obligations relating thereto) and any other Liens granted to the Senior Lenders as adequate protection on the same basis as the other Liens securing the Second Priority Claims are so subordinated to such Liens securing Senior Lender Claims under this Agreement.

  • Adequate Information Such Company Stockholder is a sophisticated stockholder and has adequate information concerning the business and financial condition of Acquiror and the Company to make an informed decision regarding this Agreement and the Transactions and has independently and without reliance upon Acquiror or the Company and based on such information as such Company Stockholder has deemed appropriate, made its own analysis and decision to enter into this Agreement. Such Company Stockholder acknowledges that Acquiror and the Company have not made and do not make any representation or warranty, whether express or implied, of any kind or character except as expressly set forth in this Agreement. Such Company Stockholder acknowledges that the agreements contained herein with respect to the Subject Shares held by such Company Stockholder are irrevocable.

  • Cash Equivalents As of any date, (i) securities issued or directly and fully guaranteed or insured by the United States government or any agency or instrumentality thereof having maturities of not more than one year from such date, (ii) time deposits and certificates of deposits having maturities of not more than one year from such date and issued by any domestic commercial bank having, (A) senior long term unsecured debt rated at least A or the equivalent thereof by S&P or A2 or the equivalent thereof by Xxxxx’x and (B) capital and surplus in excess of $100,000,000.00; (iii) commercial paper rated at least A-1 or the equivalent thereof by S&P or P-1 or the equivalent thereof by Xxxxx’x and in either case maturing within one hundred twenty (120) days from such date, and (iv) shares of any money market mutual fund rated at least AAA or the equivalent thereof by S&P or at least Aaa or the equivalent thereof by Xxxxx’x.

  • Non-recourse Obligations Notwithstanding anything in this Agreement or any Basic Document, the Owner Trustee agrees in its individual capacity and in its capacity as Owner Trustee for the Trust that all obligations of the Trust to the Owner Trustee individually or as Owner Trustee for the Trust shall be with recourse to the Owner Trust Estate only and specifically shall be without recourse to the assets of the Holder.

  • Ordinary Course of Business The consummation of the transactions contemplated by this Agreement are in the ordinary course of business of the Servicer;

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