Evidence of Financial Ability Sample Clauses

Evidence of Financial Ability. Each of the Standby Guarantors will provide to the Company such evidence as may be required by the applicable Regulatory Authorities that the Guarantor has the financial ability to carry out the “stand-by commitment” (as defined under NI 41-101) constituted by this Agreement, as required under Part 8A of NI 41-101.
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Evidence of Financial Ability. Redevelopers shall provide to the CDA evidence of availability of the specific amount of finances necessary for purposes of carrying out the obligations of each Redeveloper in connection with construction of the Private Improvements, before the later of (a) sixty (60) days following the execution of this Redevelopment Agreement, or (b) the commencement of construction of the Private Improvements. To the extent allowed by law, the CDA agrees to keep said information confidential. Such information shall state the amount and source of liquid assets on hand or immediately available to each Redeveloper for use in the Project; and shall state the amount and source of debt financing which is available, or irrevocably committed, to each Redeveloper for use in completing the Private Improvements. Such information shall be provided in a form satisfactory to the CDA, and evidence of loan commitments shall include all the documents evidencing the loan commitment and acceptance by each Redeveloper, the purposes of the loan, the authorized use of loan funds, and all other terms and conditions of the loan commitment, the acceptance, and the loan. Submittal of such financial information in a form satisfactory to the CDA shall be a condition precedent to the requirement of the CDA to proceed with its obligations under this Redevelopment Agreement.
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Evidence of Financial Ability. Upon written request from the CDA to Redeveloper, Redeveloper shall provide to the CDA evidence of availability of the specific amount of finances necessary for purposes of carrying out the commitment of Redeveloper in connection with acquisition of the Project Site and construction of the Private Improvements. To the extent allowed by law, the CDA agrees to keep said information confidential. Such information shall state the amount and source of liquid assets on hand or immediately available to Redeveloper for use in constructing the Private Improvements; and shall state the amount and source of debt financing which is available, or irrevocably committed, to Redeveloper for use in completing the Private Improvements. Such information shall be provided in a form satisfactory to the CDA, and evidence of loan commitments shall include all of the documents evidencing the loan commitment, acceptance by Redeveloper, the purposes of the loan, the authorized use of loan funds, and all other terms and conditions of the loan commitment, the acceptance, and the loan. Submittal of such financial information in a form satisfactory to the CDA shall be a condition precedent to the requirement of the CDA to proceed with its obligations under this Redevelopment Agreement.
Sample 1
Evidence of Financial Ability. 6.1 The Subcontractor’s management, experience, and financial ability requirements are set forth in Exhibit 9.
Sample 1
Evidence of Financial Ability. 8.1 The Subcontractor agrees to provide and update, prior to the start of the Work and at intervals not less than once each 12 months, Contractor’s electronic prequalification form which shall include a letter from Subcontractor’s surety in form approved by Contractor, indicating that Subcontractor’s available bonding limits equal or exceed the Contract Price, and providing the Subcontractor’s bonding limits and premium rate. The Subcontractor’s surety shall be admitted in the state in which the Project is located with an A.M. Best rating of B+ or higher. The Subcontractor assumes the continuing obligation to advise Contractor of changes to its financial condition which may materially and adversely affect its bonding capacity or impair its ability to complete the Work for the unpaid balance of the Contract Price. The Contractor may withhold, the whole or part of, any payment to Subcontractor to the extent necessary to protect Contractor from loss due to Subcontractor’s failure to comply with this Section 8.
Sample 1
Evidence of Financial Ability. The Operator shall, if requested by the RCJTC during the term of this Agreement and on 30 days’ written notice, provide such evidence as is reasonably acceptable to the RCJTC of its financial ability to satisfactorily carry out this Agreement for the duration of the term hereof. Evidence that is reasonably acceptable includes one or more of:
Sample 1
Evidence of Financial Ability. Offerer must submit with the bid the information outlined under EVIDENCE OF ABILITY/FINANCIAL SECURITY (Section 1.5.3).
Sample 1
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Evidence of Financial Ability. The Standby Purchasers will provide to the Corporation such evidence as may be required by the applicable Regulatory Authorities that the Standby Purchasers have the financial ability to carry out the Standby Commitment.
Sample 1
Evidence of Financial Ability. Redeveloper shall provide to the City evidence of availability of the specific amount of finances necessary for purposes of carrying out the commitments of the Redeveloper in connection with the Private Improvements. To the extent allowed by law, the City agrees to keep such information confidential. Such information shall state the amount and source of liquid assets on hand or immediately available to Redeveloper for use of the Block Project; and shall state the amount and source of debt financing which is available, or irrevocably committed, to Redeveloper for use in completing the Block 85 Project. Such information shall be provided in a form satisfactory to the Finance Director of the City, and evidence of loan commitments shall include all the documents evidencing the loan commitment, and acceptance by the borrower, the purposes of the loan, the authorized use of loan funds, and all other terms and conditions of the loan commitment, the acceptance, and the loan. Submittal of such financial information in a form satisfactory to the Finance Director of the City shall be a condition precedent to the requirement of the City to proceed with its obligations under this Amended Agreement.
Sample 1

Related to Evidence of Financial Ability

  • Financial Ability Each of the Buyer Parties acknowledges that its obligation to consummate the transactions contemplated by this Agreement and the Brewery Transaction is not and will not be subject to the receipt by any Buyer Party of any financing or the consummation of any other transaction other than the occurrence of the GM Transaction Closing and, in the case of the Brewery Transaction, the consummation of the transactions contemplated by this Agreement. The Buyer Parties have delivered to ABI a true, complete and correct copy of the executed definitive Second Amended and Restated Interim Loan Agreement, dated as of February 13, 2013, among Bank of America, N.A. (“Bank of America”), JPMorgan Chase Bank N.A. (“JPMorgan”) and CBI (collectively, the “Financing Commitment”), pursuant to which, upon the terms and subject to the conditions set forth therein, the lenders party thereto have committed to lend the amounts set forth therein (the “Financing”) for the purpose of funding the transactions contemplated by this Agreement and the Brewery Transaction. The Buyer Parties have delivered to ABI true, complete and correct copies of the fee letter and engagement letters relating to the Financing Commitment (redacted only as to the matters indicated therein), the Financing Commitment has not been amended or modified prior to the date of this Agreement, and, as of the date hereof, the respective commitments contained in the Financing Commitment have not been withdrawn, terminated or rescinded in any respect. There are no agreements, side letters or arrangements to which CBI or any of its Affiliates is a party relating to the Financing Commitment that could affect the availability of the Financing. The Financing Commitment constitutes the legally valid and binding obligation of CBI and, to the Knowledge of CBI, the other parties thereto, enforceable in accordance with its terms (except as such enforceability may be limited by bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other similar Laws of general applicability relating to or affecting creditors’ rights, and by general equitable principles). The Financing Commitment is in full force and effect and has not been withdrawn, rescinded or terminated or otherwise amended or modified in any respect, and no such amendment or modification is contemplated. Neither CBI nor any of its Affiliates is in breach of any of the terms or conditions set forth in the Financing Commitment, and assuming the accuracy of the representations and warranties set forth in Article 4 and performance by ABI of its obligations under this Agreement and the Brewery SPA, as of the date hereof, no event has occurred which, with or without notice, lapse of time or both, would reasonably be expected to constitute a breach, default or failure to satisfy any condition precedent set forth therein. As of the date hereof, no lender has notified CBI of its intention to terminate the Financing Commitment or not to provide the Financing. There are no conditions precedent or other contingencies related to the funding of the full amount of the Financing, other than as expressly set forth in the Financing Commitment. The aggregate proceeds available to be disbursed pursuant to the Financing Commitment, together with available cash on hand and availability under CBI’s existing credit facility, will be sufficient for the Buyer Parties to pay the Purchase Price hereunder and under the Brewery SPA and all related fees and expenses on the terms contemplated hereby and thereby in accordance with the terms of this Agreement and the Brewery SPA. As of the date hereof, CBI has paid in full any and all commitment or other fees required by the Financing Commitment that are due as of the date hereof. As of the date hereof, the Buyer Parties have no reason to believe that CBI and any of its applicable Affiliates will be unable to satisfy on a timely basis any conditions to the funding of the full amount of the Financing, or that the Financing will not be available to CBI on the Closing Date.

  • Evidence of Compliance Each Restricted Person will furnish to each Lender at such Restricted Person’s or Borrower’s expense all evidence which Administrative Agent from time to time reasonably requests in writing as to the accuracy and validity of or compliance with all representations, warranties and covenants made by any Restricted Person in the Loan Documents, the satisfaction of all conditions contained therein, and all other matters pertaining thereto.

  • Evidence of UCC Filing On or prior to the Closing Date, the Seller shall record and file, at its own expense, a UCC-1 financing statement in each jurisdiction in which required by applicable law, authorized by and naming the Seller as seller or debtor, naming Ally Auto as purchaser or secured party, naming the Receivables and the other Purchased Property as collateral, meeting the requirements of the laws of each such jurisdiction and in such manner as is necessary to perfect the sale, transfer, assignment and conveyance of such Receivables to Ally Auto. The Seller shall deliver a file-stamped copy, or other evidence satisfactory to Ally Auto of such filing, to Ally Auto on or prior to the Closing Date.

  • Opinion of Financial Advisors SECTION 3.20

  • Provision of Financial Statements The Borrower will send to the Agent:

  • Opinion of Financial Advisor The Company has received the opinion of Merrxxx Xxxcx & Xo., dated the date of this Agreement, to the effect that, as of such date, the consideration to be received by the Company's stockholders in the Merger is fair to such stockholders from a financial point of view, and a signed copy of such opinion has been delivered to Parent.

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