Necessary Funds Clause Samples

Necessary Funds. UPM has or has access to the funds necessary to redeem the Amalco Special Shares and the Repap Preferred Shares after they have become Amalco Preferred Shares as contemplated in this Agreement.

Necessary Funds. 7 2.3. Representations and Warranties of Principal Stockholder............................ 7 2.3.1. Organization............................................................... 7

Necessary Funds. RCGI has received the necessary financing commitments required to finance its obligations in connection with the Closing and, based upon information provided by RCGI to the Principal Stockholder, to provide for currently anticipated working capital needs of the Company as of Closing.

Necessary Funds. Parent will have on hand and shall provide to Purchaser, such funds as are necessary to enable Purchaser to both perform its obligations in respect of the Offer and the Merger and to purchase the Stockholders' Shares upon the exercise of the Options hereunder.

Necessary Funds. 15 (b) Third Party Loan . . . . . . . . . . . . . . . . . . . . 15 (c) Capital Contribution or Member Loan. . . . . . . . . . . 15 (d) Amount of Contribution . . . . . . . . . . . . . . . . . 15 (e) Failure to Make Contribution . . . . . . . . . . . . . . 16 (f) Adjustments to Capital Accounts and Issuance of Additional Units . . . . . . . . . . . . . . . . . . . . 16 (g)

Necessary Funds. The Company and CII shall have received the funds pursuant to the Commitment Letters or from substitute sources in the same aggregate amount and on terms not substantially less favorable than those set forth in the Commitment Letters.

Necessary Funds. 8 2.3 Representations and Warranties of IMC Global and Seller................... 9 2.3.1 Organization....................................................... 9 2.3.2

Necessary Funds. Any and all funds needed by the Company or any Subsidiary which are in excess of the Company's or such Subsidiary's net operating revenues and Reserves for one or more of the following purposes: (a) to pay the costs and expenses of the ownership, operation, maintenance, repair, renovation, alteration, management, and/or leasing of the Properties, (b) to pay the costs of performing the agreements of the Company or the Subsidiaries under any Leases, contracts, agreements, commitments, or other instruments to which the Company or the Subsidiaries are or shall become a party, (c) to pay, when due, real estate and other taxes affecting the Properties, and insurance premiums for the insurance policies maintained in accordance with the terms of this Agreement for the Properties, the Company and the Subsidiaries, (d) to comply with all legal requirements now or hereafter applicable to the Properties and the operation and management thereof, (e) to restore any Property in the event of a fire or other casualty, if a determination is made by the Members to perform such restoration or if the Company or the Subsidiary is contractually obligated to restore such damage, and (f) to pay any and all other authorized Company and Subsidiary liabilities, including, without limit thereto, debt service on any Loan or other indebtedness incurred by the Company or any Subsidiary in accordance with the Approved Budget (not including any Member Loan). Acquisition Costs in connection with the acquisition of Additional Properties shall not be considered Necessary Funds for purposes of Section 8.4 of this Agreement.

Necessary Funds. 23 3.8. Material Misstatements or Omissions. . . . . . . . . . . . . . 23 3.9. Buyer's Investigation. . . . . . . . . . . . . . . . . . . . . 23