Monday, November 26, 2018 6:14:00 PM
4.4 Availability of Funds. Buyer has the ability to obtain funds in cash in amounts equal to the Purchase Price by means of credit facilities or otherwise and will at the Closing have immediately available funds in cash which are sufficient to pay the Purchase Price and to pay any other amounts payable pursuant to this Agreement and to consummate the transactions contemplated by this agreement.Where are those funds coming from since they can barely keep the lights on with the 2 they own?
Prior to Closing. Notwithstanding anything herein to the contrary, this Agreement may be terminated: (i) prior to the Closing by mutual consent of Seller and Buyer; (ii) by Buyer on or after March 1, 2019, if any of the conditions specified in Section 7 of this Agreement have not been satisfied (unless the failure results primarily from Buyer breaching any representation, warranty, or covenant herein) and shall not have been waived by Buyer; (iii) by Sellers on or after March 1, 2019, if any of the conditions specified in Section 8 of this Agreement have not been satisfied (unless the failure results primarily from a Seller breaching any representation, warranty, or covenant herein) and shall not have been waived by Sellers; (iv) by Buyer on or prior to December 14, 2018 if Buyer’s review of the Schedules and diligence materials provided in connection with this Agreement discloses a matter which might reasonably be expected to constitute or result in a Material Adverse Effect; (v) by either Sellers or Buyer pursuant to Section 12.1 hereof; or (vi) as otherwise specifically set forth herein.Looks like 2 dates to be watching for
Penny Land is a wack-a-mole game
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