Buyer’s Financial Condition. No petition has been filed by or against Buyer under the Federal Bankruptcy Code or any similar state or federal Law.
Buyer’s Financial Condition. This Agreement and all shipments made hereunder shall at all times be subject to the approval by Seller of Buyer’s financial condition. If the financial condition of Buyer at any time becomes unsatisfactory to Seller, in Seller’s sole discretion, or if Buyer fails to make any payment when due, in addition to any other rights Seller may have, Seller may defer or decline to make any shipment or shipments hereunder or may condition any such shipment upon receipt of satisfactory security or cash payments in advance.
Buyer’s Financial Condition. The Buyer is a newly formed Corporation. It has no material liabilities except as provided for in this Agreement, and no assets except the joint and several agreements of EMI to perform in accordance with the terms of this Agreement.
Buyer’s Financial Condition. No petition shall have been filed by or against Buyer under the Federal Bankruptcy Code or any similar state or federal Law, whether now or hereafter existing; and
Buyer’s Financial Condition. Buyer's financial condition is as is represented to Seller on any financial statements previously submitted to Seller by Buyer.
Buyer’s Financial Condition. At the Closing, and after consummation of all of the transactions contemplated hereby, Buyer will have no material assets or liabilities, not disclosed on its financial statements.
Buyer’s Financial Condition. No insolvency proceeding has been filed by or against Buyer and Buyer has not admitted in writing an inability to pay its debts as they become due;
Buyer’s Financial Condition. Akmetal shall have the right, by written notice, to suspend performance, terminate this Agreement, cancel any order, modify any payment terms, or require full or partial payment or adequate assurance of performance from Buyer, without liability to Akmetal, in the event of a material adverse change in the Buyer's financial condition or if reasonable grounds for insecurity arise with respect to Buyer's performance of this Agreement, evidence of which might include, among other things, (i) a default under any of Buyer's financing agreements, (ii) Buyer's inability to obtain financing, (iii) a reduction in Buyer's credit rating by a recognized rating agency, (iv) Buyer's insolvency, (v) the filing of a bankruptcy by or against Buyer (whether voluntary or involuntary), (vi) the appointment of a receiver or trustee for Buyer, (vii) the execution by Buyer of an assignment for the benefit of creditors, (viii) the failure by Buyer to make a payment to Akmetal when due, or (viii) any other event which raises reasonable doubts as to Xxxxx's creditworthiness. The modifications Akmetal may make to payment terms include shortening the payment period, requiring advance payment, or requiring payment of cash on delivery. Akmetal shall notify Buyer in writing of any modifications to payment terms, which may be made retroactive to include amounts then accrued but unpaid. Akmetal reserves the right to cancel Xxxxx's credit at any time for any reason, without notice. The foregoing remedies are in addition to Akmetal's other rights and remedies under this Agreement and under applicable laws.
Buyer’s Financial Condition. Guarantor is familiar with the financial condition of Buyer and with all other facts and circumstances which a diligent inquiry would reveal and which would bear upon the risk of nonpayment or nonperformance of the Obligations, and Guarantor has executed and delivered this Guaranty based on Guarantor’s own judgment and not in reliance upon any statement or representation of Seller. Seller shall have no obligation to provide Guarantor with any advice or information whatsoever or to inform Guarantor at any time of Seller’s actions, evaluations or conclusions on the financial condition of or any other matter concerning Buyer.
Buyer’s Financial Condition. Buyer shall have furnished to Parent evidence, in such form as shall be reasonably acceptable to Parent, showing Buyer's ability to pay the Promissory Note. BUYER AGREES THAT SUCH EVIDENCE SHALL BE SUPPLEMENTED ON AN ANNUAL BASIS, UNTIL THE PROMISSORY NOTE IS PAID IN FULL.
