Adequate Capitalization. As of September 30, 2020, the Bank met or exceeded the standards necessary to be considered “adequately capitalized” under the FDIC’s regulatory framework for prompt corrective action. As of the Closing and after giving effect to this Agreement, the transactions contemplated hereby and the Concurrent Other Transactions, the Bank meets or exceeds the standards necessary to be considered “adequately capitalized” under the FDIC’s regulatory framework for prompt corrective action.
Adequate Capitalization. As of March 31, 2011, the Company’s Subsidiary insured depository institution meets or exceeds the standards necessary to be considered “well capitalized” under the FDIC’s regulatory framework for prompt corrective action.
Adequate Capitalization. Ensure that at all times it is adequately capitalized to engage in the transactions contemplated by this Indenture.
Adequate Capitalization. The Bank meets or exceeds the standards necessary to be considered “well capitalized” under the FDIC’s regulatory framework for prompt corrective action and is in compliance with all minimum capital adequacy requirements of the FDIC and the VBFI, as applicable. The Company is in compliance with all applicable minimum capital adequacy requirements of the Federal Reserve. The Company and the Bank are not aware of and have not received written notice of any facts or circumstances in existence, which would cause the Company or the Bank to be deemed to be not in compliance with applicable minimum capital adequacy requirements.
Adequate Capitalization. Guarantor and its Subsidiaries have not become, or are presently, financially insolvent nor will Guarantor and its Subsidiaries be made insolvent by virtue of Guarantor’s execution of or performance under this Guaranty or any of the Transaction Documents within the meaning of the bankruptcy laws or the insolvency laws of any jurisdiction.
Adequate Capitalization. The Issuer shall ensure that at all times it is adequately capitalized to engage in the transactions contemplated by this Indenture.
Adequate Capitalization. Borrower will maintain adequate capital for the normal obligations reasonably foreseeable in a business of its size and character, and in light of its contemplated business operations, it will pay its debts and liabilities from its own assets as the same become due; provided, however, nothing in this Section 6.55 will require any member or partner of Borrower or any Borrower Principal to make any equity contribution to Borrower.
Adequate Capitalization. No Fraudulent Transfer. Seller has, as of such Purchase Date, adequate capital for the normal obligations reasonably foreseeable in a business of its size and character and in light of its contemplated business operations. Seller is generally able to pay, and as of the date hereof is paying, its debts as they come due. Seller has not become, or is presently, financially insolvent nor will Seller be made insolvent by virtue of Seller's execution of or performance under any of the Transaction Documents within the meaning of the bankruptcy laws or the insolvency laws of any jurisdiction. Seller has not entered into any Transaction Document or any Transaction pursuant thereto in contemplation of insolvency or with intent to hinder, delay or defraud any creditor.
Adequate Capitalization. The Contributor shall at all times remain adequately capitalized for the normal obligations reasonably foreseeable in the conduct of its business, and shall not make any dividend or other distribution to its shareholders unless the net worth of the Contributor following such distribution is adequate for the normal obligations reasonably foreseeable in the conduct of its business.
Adequate Capitalization. The Company shall assure that each Insured Subsidiary shall be adequately capitalized at all times. For purposes of this Section 8.09, "adequately capitalized" shall have the meaning assigned such term by Section 38 of the Federal Deposit Insurance Act, as amended or any successor act thereto.
