Common use of Equity Financing not a Closing Condition Clause in Contracts

Equity Financing not a Closing Condition. The Guarantors, Parent and Merger Subs each acknowledge and agree that obtaining the Equity Financing is not a condition to the Closing or the enforcement of the Guarantees. If the Equity Financing has not been funded and to the extent required pursuant to Section 9.5(b), Parent and the Merger Sub will each continue to be obligated, subject to the satisfaction or waiver (to the extent waivable) of the conditions set forth in Article VII, to consummate the Mergers, including by taking the actions required to be taken by Parent and the Merger Subs pursuant to Section 6.13(b)(i).

Appears in 1 contract

Sources: Merger Agreement (Focus Financial Partners Inc.)

Equity Financing not a Closing Condition. The Guarantors, Parent and Merger Subs Sub each acknowledge and agree that obtaining the Equity Financing is not a condition to the Closing or the enforcement of the GuaranteesGuarantee. If the Equity Financing has not been funded and to the extent required pursuant to Section 9.5(b)funded, Parent and the Merger Sub will each continue to be obligated, subject to the satisfaction or waiver (to the extent waivable) of the conditions set forth in Article VII, to consummate the MergersMerger, including by taking the actions required to be taken by Parent ▇▇▇▇▇▇ and the Merger Subs Sub pursuant to Section 6.13(b)(i6.6(b)(ii).

Appears in 1 contract

Sources: Merger Agreement (Couchbase, Inc.)