Reps and Warranties Clause (Sufficient Funds/Financing) (Arrangement Agreement)

Summary

This clause is a representation in an arrangement agreement by the target company confirming that it has sufficient funds or financing to complete the transaction. This clause contains practical guidance and drafting notes. For resources relating to plans of arrangement, see the: Plan of Arrangement Resource Kit. For more information on plans of arrangement, see the practice note: Plans of Arrangement (CBCA, OBCA). For precedent arrangement agreements, see the: Arrangement Agreement, Arrangement Agreement (Cash Only) and Arrangement Agreement (Shares and Cash). For other reps and warranties clauses in arrangement agreements, see the: Reps and Warranties Clause (1940 Act) (Arrangement Agreement), Reps and Warranties Clause (Authority Relative to Agreement) (Arrangement Agreement), Reps and Warranties Clause (Board Approval) (Arrangement Agreement), Reps and Warranties Clause (Brokers/Success Fee) (Arrangement Agreement), Reps and Warranties Clause (Capitalization) (Arrangement ...