Common use of THE MEMBERS Clause in Contracts

THE MEMBERS. (a) No Member has ever (i) made a general assignment for the benefit of creditors, (ii) filed, or had filed against such Member, any bankruptcy petition or similar filing, (iii) suffered the attachment or other judicial seizure of all or a substantial portion of such Member’s assets, (iv) admitted in writing such Member’s inability to pay his or her debts as they become due, or (v) taken or been the subject of any action that may have an adverse effect on his ability to comply with or perform any of his covenants or obligations under any of the Other Agreements or which would require disclosure in the Registration Statement.

Appears in 5 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (Alliance MMA, Inc.), Asset Purchase Agreement (Alliance MMA, Inc.)

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