Common use of Assistance with Financing Clause in Contracts

Assistance with Financing. In order to assist with the financing of the Transactions, at or prior to Closing, the Company shall, and shall cause its subsidiaries to, take such commercially reasonable steps as are necessary to cause the following to occur: (a) At Cornerstone's request, with respect to each of the Leased Premises, the Company shall deliver to Merger Sub a nondisturbance agreement, a consent and waiver and/or an estoppel letter executed by the landlord, lessor, landlord and/or licensor of such Leased Premise, in each case, in form and substance reasonably acceptable to Merger Sub; (b) At Cornerstone's request, the Company shall furnish such financial statements as may be reasonably requested by Merger Sub in connection with the financing of the Transactions; (c) At Cornerstone's request, the Company shall take or cause to be taken any other actions necessary to consummate the financing of the Transactions; and (d) No actions taken by or on behalf of the Company in connection with its obligation under this Section 7.10 or arising as a result of the taking of such action shall constitute a breach of any representation or warranty of the Company contained in this Agreement for any purpose hereunder. Notwithstanding anything to the contrary set forth herein, the effectiveness of any such actions by the Company shall be conditioned upon the consummation of the Merger.

Assistance with Financing. In So long as Merger Sub and the Investor Group are in compliance with their obligations under this Agreement, in order to assist with the financing of the Transactions, at or prior to Closing, the Company shall, and shall cause its subsidiaries to, take such commercially reasonable steps as are necessary to cause may be requested by Merger Sub in connection with the following to occurfollowing: (a) At CornerstoneMerger Sub's request, with respect to each of the Leased PremisesProperty, the Company shall use reasonable efforts to deliver to Merger Sub a nondisturbance agreement, a consent and waiver and/or an estoppel letter executed by the landlord, lessor, landlord and/or licensor of such Leased Premise, in each case, in form and substance reasonably acceptable to Merger Sub; (b) At CornerstoneMerger Sub's request, the Company shall furnish such financial statements as may be reasonably requested by Merger Sub in connection with the financing of the Transactions; (c) At Cornerstone's request, the The Company shall take or cause to be taken any other actions (not requiring an amendment to this Agreement) reasonably necessary to consummate the financing of the Transactions; and (d) No actions taken at the direction of Merger Sub by or on behalf of the Company in connection with its obligation obligations under this Section 7.10 7.09 or arising as a result of the taking of such action shall constitute a breach of any representation or warranty of the Company contained in this Agreement for any purpose hereunder. Notwithstanding anything to the contrary set forth herein, the effectiveness of any such actions by the Company shall be conditioned upon the consummation of the Merger.