ASSETS GREATER THAN LIABILITIES. The fair value of the business and assets of each of the Company and the Subsidiaries exceeds, as of, and immediately after giving effect to the transactions consummated at the Closing, the liabilities of such Person, as of such time.
Appears in 3 contracts
Samples: Indemnity and Contribution Agreement (Encore Capital Group Inc), Note Purchase Agreement (Encore Capital Group Inc), Note Purchase Agreement (Encore Capital Group Inc)
ASSETS GREATER THAN LIABILITIES. The fair value of the business and assets of each the Company (and of the Company and the Subsidiaries Subsidiaries, on a consolidated basis) exceeds, as of, of and immediately after giving effect to the transactions consummated at on the ClosingClosing Date, the liabilities of such Personthe Company (including, without limitation, the Notes and all other Debt of the Company (and, as the case may be, of the Company and the Subsidiaries, on a consolidated basis)) as of such time.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Suprema Specialties Inc), Securities Purchase Agreement (Able Telcom Holding Corp)
ASSETS GREATER THAN LIABILITIES. The fair value of the business and assets of each of the Company and the Subsidiaries exceedsexceeded, as of, and immediately after giving effect to the transactions consummated at the ClosingClosing (as defined in the Prior Agreement), the liabilities of such Person, as of such time.
Appears in 2 contracts
Samples: Senior Secured Note Purchase Agreement (Encore Capital Group Inc), Senior Secured Note Purchase Agreement (Encore Capital Group Inc)
