Financing Activities Sample Clauses

Financing Activities. (a) Buyer acknowledges and agrees that Seller, the Company, the Company Subsidiaries, their respective Affiliates and their respective directors, officers, employees, agents and representatives have no responsibility for, and shall not incur any liability to any Person under, any financing that Buyer may raise in connection with the transactions contemplated hereby or any cooperation provided pursuant to this Section 6.7 (other than, in the case of the Company and the Company Subsidiaries, for obligations incurred upon (but subject to the occurrence of the Closing) or immediately after giving effect to the Closing). Any offering materials and other documents prepared by or on behalf of, or utilized by, Buyer or its Affiliates or Buyer’s financing sources in connection with Buyer’s financing activities in connection with the transactions contemplated hereby, which includes any information provided by Seller, the Company, the Company Subsidiaries or any of their respective Affiliates, including any offering memorandum, banker’s book, lender presentation or similar document, or any other written offering materials, used in connection with any debt or securities offering or other such Buyer financing shall include a conspicuous disclaimer to the effect that none of Seller, the Company, the Company Subsidiaries or their respective Affiliates and each of their respective Representatives, has any responsibility for the content of such document and disclaim all responsibility therefor. (b) Buyer shall not agree to, or permit, any amendment or modification of, or waiver under, the Equity Commitment Letter or other documentation relating to the Equity Financing other than to increase the amount of the Equity Financing. In addition, Buyer shall take or to cause to be taken, all actions and do, or cause to be done, all things necessary, proper or advisable to obtain the Equity Financing, including to (v) maintain in effect the Equity Commitment Letter, (w) satisfy on a timely basis all conditions applicable to Buyer in such Equity Commitment Letter that are within its control, (x) consummate the Equity Financing at or prior to the Closing, (y) enforce its rights (including through litigation) under the Equity Commitment Letter, including seeking any specific performance of the parties thereunder and (z) cause the financing sources and any other Persons providing financing to fund the Equity Financing no later than the Closing. (c) Seller will, and will cause the Compa...

Financing Activities. The Company shall, and shall cause its Subsidiaries to, cooperate, to the fullest extent commercially reasonable and practicable, with Parent's requests with respect to refinancing by the Company and its Subsidiaries of the current maturities of any of their indebtedness, and any repurchase, redemption or prepayment by the Company or any of its Subsidiaries of any of their indebtedness that may be required prior to or because of the Mergers or that Parent may request that the Company or any of its Subsidiaries effect prior to the Mergers, so as to permit Parent to have the maximum opportunity to refinance, on or promptly after the Closing Date without any penalty except as may be due pursuant to the terms of the Company's or its Subsidiaries' indebtedness as in effect on the date of this Agreement, any of the Company's or its Subsidiaries' indebtedness outstanding on the Closing Date; provided, however, that neither the Company nor any of its Subsidiaries shall be required to consummate prior to the Effective Time any such refinancing, repurchase, redemption or repayment requested by Parent.

Financing Activities. Cash provided by financing activities in the first half of 2015 of $1,872 is primarily attributed to increases in long-term liabilities and notes payable, as well as proceeds from additional paid-in capital from Inca Capital, Snowy August Management, LLC and Pyxis Tankers Inc. Cash used in financing activities in the first half of 2014 of $0.2 million is attributed to $0.09 million is scheduled capital lease payments and $0.08 million in the repurchase of the Company’s common stock. Cash flows were as follows (in thousands): Net cash used in operating activities $ (4,059 ) $ (5,575 ) $ 1,516 Net cash provided by investing activities 2,100 2,255 (155 ) Net cash used in financing activities (348 ) (135 ) (213 ) Effect of exchange rate changes on cash and cash equivalents (177 ) (108 ) (69 ) Decrease in cash and cash equivalents $ (2,484 ) $ (3,563 ) $ 1,079 Cash, cash equivalents and short-term marketable investment balances were as follows as of December 31, 2014 and 2013 (in thousands): Cash and cash equivalents $ 305 $ 2,789 $ (2,484 ) Short-term investments 129 3,102 (2,973 ) Long-term investments — 154 (154 ) Total $ 434 $ 6,045 $ (5,611 ) % of total assets 9 % 52 % Total assets $ 4,756 $ 11,646 At December 31, 2014, we had $0.4 million in cash, cash equivalents and short-term marketable investments. Cash equivalents, short-term marketable investments are comprised primarily of highly liquid debt instruments of the U.S. government, commercial paper, time deposits, money market mutual funds, U.S. corporate securities and collateralized debt obligations. We actively monitor the depository institutions that hold our cash and cash equivalents and the institutions of whose debt instruments we hold. Our investment policy, which is reviewed annually by our Board of Directors, primarily emphasizes safety of principal while secondarily maximizing yield on those funds. We can provide no assurances that access to our invested cash and cash equivalents will not be impacted by adverse conditions in the financial markets. These balances may exceed the Federal Deposit Insurance Corporation insurance limits. While we monitor the cash balances in our operating accounts and adjust the cash balances as appropriate, these cash balances could be impacted if the underlying financial institutions fail or could be subject to other adverse conditions in the financial markets. Note 2 to our Consolidated Financial Statements below, further describes the composition of our cash, c...

Financing Activities. C▇▇▇ used in financing activities in the year ended December 31, 2014 of $0.3 million is primarily attributed to $0.17 million in scheduled capital lease payments and $0.17 million in repurchases of treasury stock. C▇▇▇ used in financing activities in the year ended December 31, 2013 of $0.1 million is primarily attributed to $0.1 million in scheduled capital lease payments.

Financing Activities. If Purchaser or any person on behalf of Purchaser shall engage in any activities relating to raising money from the sale of equity securities or any other investment, then any such funds shall be strictly segregated and held by a third party in an escrow account, in order that such funds shall be returned to any such investors promptly and in full in case this Agreement is terminated prior to the Effective Date. Any violation of the conditions of this Section 6.10 shall be a condition excusing Company from closing the transaction, and a cause for Company to terminate this Agreement.

Financing Activities. 2015 Credit Agreement Issuance of Common Shares

Financing Activities. Cash used in financing activities in the year ended December 31, 2014 of $0.3 million is primarily attributed to $0.17 million in scheduled capital lease payments and $0.17 million in repurchases of treasury stock. Cash used in financing activities in the year ended December 31, 2013 of $0.1 million is primarily attributed to $0.1 million in scheduled capital lease payments. We have an outstanding standby letter of credit issued by CNB of approximately $0.1 million at December 31, 2014, related to security of our corporate office lease, which is secured by a restricted money market account held at CNB.

Financing Activities. Each of the Columbus Parties shall, and shall cause its Subsidiaries to, use its reasonable best efforts to (x) take, or cause to be taken, all actions and do, or cause to be done, all things in its reasonable control necessary and proper or advisable to ensure that there does not occur either a “Below Investment Grade Downgrade Event” or a “Change of Control Repurchase Event” (each as defined in the applicable supplemental indenture governing each series of Existing Cabot Notes) at Closing or in the 60 days following the Closing Date, and (y) if at any time a Columbus Investment Grade Downgrade Event occurs, timely take, or cause to be timely taken, all actions and to timely do, or cause to be timely done, all things necessary, proper or advisable to timely negotiate and enter into definitive financing agreements necessary in the good faith judgment of Columbus in light of available cash and debt facilities to finance the Cash Consideration (or any other consideration required to be paid under this Agreement as a result of the treatment of Indebtedness of Cabot and/or its Subsidiaries pursuant to or in connection with Section 5.14), subject to the waiver by Cabot Parent, if necessary, of the covenant in Section 5.3(a)(vii) hereof; provided if any such downgrade occurs and the Columbus Parties or any of their Affiliates enters into a debt commitment letter or best efforts engagement letter with respect to any such financing, Columbus shall share a draft of such letter with Cabot Parent at least three (3) Business Days prior to execution of such letter and such letter shall contain no conditions that would be reasonably expected to prevent, impede or delay the Closing Date. As of the date hereof, no Columbus Party has any reason to believe that it will not be able to timely obtain financing for the Cash Consideration (or any other consideration required to be paid under this Agreement as a result of the treatment of Indebtedness of Cabot and/or its Subsidiaries pursuant to or in connection with Section 5.14) if a Columbus Investment Grade Downgrade Event occurs.

Financing Activities. Investor and Existing Members shall use their good faith, commercially reasonable efforts to consummate the Initial Financing (as defined in the Amended and Restated Operating Agreement) either as of the Closing or subsequent to the date thereof on terms which are reasonably acceptable to them provided that any such Initial Financing shall (i) be consistent with the terms and objectives set forth on the intercreditor term sheet attached as Schedule 7 hereto; and (ii) provide for non-disturbance terms benefiting the Manager as described in the Management Agreement. Existing Members and Investor acknowledge that they will use their good faith, commercially reasonable effort to agree on the structuring of any joint and several guarantees in connection with such Initial Financing and how such guaranty obligations are coordinated with rights under the Amended and Restated Operating Agreement.