Common use of Capital Clause in Contracts

Capital. Borrower has capital sufficient to conduct its business, is able to pay its debts as they mature, and owns property having a fair salable value greater than the amount required to pay all of its debts (including contingent debts);

Appears in 16 contracts

Samples: Loan and Security Agreement (Fresh Choice Inc), Loan and Security Agreement (Nstor Technologies Inc), Finova Loan and Security Agreement (Play Co Toys & Entertainment Corp)

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Capital. Borrower has capital sufficient to conduct its business, is able to pay its debts as they mature, mature and owns property having a fair salable value greater than the amount required to pay all of its debts (including contingent debts);

Appears in 5 contracts

Samples: Security Agreement (Collectors Universe Inc), Loan and Security Agreement (Micros to Mainframes Inc), Loan and Security Agreement (I Sector Corp)

Capital. Borrower has capital sufficient to conduct its business, business and is able to pay its debts as they mature, mature and owns property having a fair salable value greater than the amount required to pay all of its debts (including contingent debts);

Appears in 2 contracts

Samples: Loan and Security Agreement (Intellicall Inc), Loan and Security Agreement (Avery Communications Inc)

Capital. Borrower It has capital sufficient to conduct its business, is able to pay its debts as they mature, and owns property having a fair salable value greater than the amount required to pay all of its debts (including contingent debts);

Appears in 2 contracts

Samples: Loan and Security Agreement (Digital Solutions Inc), Loan and Security Agreement (Digital Solutions Inc)

Capital. Borrower and each of its Subsidiaries has capital sufficient to conduct its business, is able to pay its debts as they mature, mature and owns property having a fair salable value greater than the amount required to pay all of its debts (including contingent debts);.

Appears in 2 contracts

Samples: Loan and Security Agreement (Emtec Inc/Nj), Loan Agreement (Emtec Inc/Nj)

Capital. Borrower has capital sufficient to conduct its business, is able to pay its debts as they mature, and owns property having a fair salable value greater than the amount required to pay all of its debts (including contingent debts)as required to be accounted for under GAAP;

Appears in 2 contracts

Samples: Loan and Security Agreement (Usa Detergents Inc), Loan and Security Agreement (Usa Detergents Inc)

Capital. Borrower has capital sufficient to conduct its business, is ------- able to pay its debts as they mature, and owns property having a fair salable value 15 greater than the amount required to pay all of its debts (including contingent debts);

Appears in 1 contract

Samples: Finova Loan and Security Agreement (Utilx Corp)

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Capital. Each Borrower has capital sufficient to conduct its business, is able to pay its debts as they mature, and owns property having a fair salable value greater than the amount required to pay all of its debts (including contingent debts);

Appears in 1 contract

Samples: Loan and Security Agreement (Core Technologies Pennsylvania Inc)

Capital. Borrower has capital sufficient to conduct its business, is able to ------- pay its debts as they mature, mature and owns property having a fair salable value greater than the amount required to pay all of its debts (including contingent debts);

Appears in 1 contract

Samples: Loan and Security Agreement (Cumetrix Data Systems Corp)

Capital. Borrower has capital sufficient to conduct its business, is able to pay its debts as they mature, and owns property having a fair salable value occurred which, with the giving of notice or the lapse of greater than the amount required to pay all of its debts (including including, reasonably anticipated contingent debts);; 5. 7.

Appears in 1 contract

Samples: Loan and Security Agreement (Diamond Multimedia Systems Inc)

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