Ability to Pay Debts. The Seller does not believe that it will incur debts beyond its ability to pay or which would be prohibited by its charter documents or limited liability company agreement as a result of the transactions contemplated by this Assignment and Servicing Agreement or otherwise. The Seller's assets and cash flow enable it to meet its present obligations in the ordinary course of business as they become due.
Ability to Pay Debts. The Originator does not believe that it will incur debts beyond its ability to pay or which would be prohibited by its charter documents or by-laws as a result of the transactions contemplated by this Assignment and Servicing Agreement or otherwise. The Originator's assets and cash flow enable it to meet its present obligations in the ordinary course of business as they become due.
Ability to Pay Debts. Neither as a result of the transactions contemplated by this Agreement nor otherwise does the Company believe that it will incur debts beyond its ability to pay or which would be prohibited by its charter documents or by-laws. The Company's assets and cash flow enable it to meet its present obligations in the ordinary course of business as they become due.
Ability to Pay Debts. Neither as a result of the transactions contemplated by this Agreement nor otherwise does the Contributor believe that it will incur debts beyond its ability to pay or which would be prohibited by its charter documents or by-laws. The Contributor's assets and cash flow enable it to meet its present obligations in the ordinary course of business as they become due.
Ability to Pay Debts. Neither as a result of the transaction contemplated by this Assignment and Servicing Agreement nor otherwise does the Transferor believe that it will incur debts beyond its ability to pay or which would be prohibited by its charter documents or by-laws. The Transferor's assets and cash flow enable it to meet its present obligations in the ordinary course of business as they become due.
Ability to Pay Debts. On and as of the Closing Date, after giving -------------------- effect to the transactions contemplated hereby the Sellers will not have incurred, nor intend to incur, nor know or have reason to believe any of them will incur, debts beyond their ability to pay such debts as they mature.
Ability to Pay Debts. None of the Obligors, after giving effect to the transactions contemplated by the Loan Documents, intends to incur nor does it believe that it will incur debts beyond its ability to pay as they become due.
Ability to Pay Debts. Neither as a result of the transactions contemplated by this Agreement or the Sale Agreements nor otherwise does the Contributor believe that DVI Receivables Corp. XV, DVI Receivables XV, LLC, DVI Funding Corporation, DVI Funding, LLC, or it will incur debts beyond its ability to pay or which would be prohibited by their respective charter documents or by-laws. The respective assets and cash flow of DVI Receivables Corp. XV, DVI Receivables XV, LLC, DVI Funding Corporation, DVI Funding, LLC or the Contributor enable it to meet its respective present obligations in the ordinary course of business as they become due.
Ability to Pay Debts. It is able to pay its debts as they fall due within the meaning of Section 123 of the Insolvency Xxx 0000 and will not become unable to do so in consequence of the execution by it of the Transaction Documents and the Relevant Documents to which it is expressed to be a party and the performance by it of the transactions envisaged hereby and thereby and it has not taken any corporate action, nor have any other steps been taken or legal proceedings been started or, to the best of its knowledge and belief, having made all reasonable enquiries, threatened against it, for its winding-up, dissolution, arrangement, reconstruction or reorganisation or for the appointment of a liquidator, receiver, manager, administrator, administrative receiver or similar officer of it or of any of its assets or revenues;
Ability to Pay Debts. The Company or any Subsidiary shall admit in writing its inability to, or be generally unable to, pay its debts as such debts become due.
