Buyer has sufficient cash on hand or financing capacity to consummate the transactions contemplated by this Agreement and to pay all fees and expenses of Buyer related to the transactions contemplated by this Agreement. In regards to the disclosure provided in Buyer's recent Form 10K Annual Report, Form 10Q Quarterly Report and recent Form 8 Current Report filed with the SEC on August 31, 2016 that as of Closing there has not been any Material Adverse Effect.
financial capacity