Common use of Financial Statements and Business Condition Clause in Contracts

Financial Statements and Business Condition. The Financial Statements fairly present the respective financial conditions and results of operations of Borrower and Guarantor as of the date or dates thereof and for the periods covered thereby. There are no material liabilities, direct or indirect, fixed or contingent, of Borrower or Guarantor as of the dates of such Financial Statements that are not reflected therein or in the notes thereto that have not otherwise been disclosed to Lender in writing. Except for any such changes heretofore expressly disclosed in writing to Lender, there have been no material adverse changes in the respective financial conditions of Borrower or Guarantor from the financial conditions shown in their respective Financial Statements, nor have Borrower or Guarantor incurred any material liabilities, direct or indirect, fixed or contingent, that are not shown in their respective Financial Statements. Borrower and Guarantor are able to pay all of their respective debts as they become due, and Borrower and Guarantor, as the case may be, will maintain such solvent financial condition, giving effect to the Obligations, as long as Borrower or Guarantor are obligated to Lender under this Agreement or any of the other Loan Documents. Neither Borrower's nor Guarantor's Obligations under this Agreement and the other Loan Documents will render Borrower or Guarantor unable to pay their respective debts as they become due.

Appears in 2 contracts

Samples: Loan and Security Agreement (Equivest Finance Inc), Loan and Security Agreement (Equivest Finance Inc)

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Financial Statements and Business Condition. The Financial Statements fairly present the respective financial conditions and results of operations of Borrower and Guarantor as of the date or dates thereof and for the periods covered thereby. There are no material liabilities, direct or indirect, fixed or contingent, of Borrower or Guarantor as of the dates of such Financial Statements that are not reflected therein or in the notes thereto that have not otherwise been disclosed to Lender in writing. Except for any such changes heretofore expressly disclosed in writing to Lender, there have been no material adverse changes in the respective financial conditions of Borrower or Guarantor from the financial conditions shown in their respective Financial Statements, nor have Borrower or Guarantor incurred any material liabilities, direct or indirect, fixed or contingent, that are not shown in their respective Financial Statements. Borrower and Guarantor are able to pay all of their respective debts as they become due, and Borrower and Guarantor, as the case may be, will shall maintain such solvent financial condition, giving effect to the Obligations, as long as Borrower or Guarantor are obligated to Lender under this Agreement or any of the other Loan Documents. Neither Borrower's nor Guarantor's Obligations under this Agreement and the other Loan Documents will render Borrower or Guarantor unable to pay their respective debts as they become due.

Appears in 2 contracts

Samples: Loan and Security Agreement (Equivest Finance Inc), Loan and Security Agreement (Equivest Finance Inc)

Financial Statements and Business Condition. The Financial Statements financial statements fairly present the respective financial conditions and results of operations of Borrower and Guarantor as of the date or dates thereof and for the periods covered thereby. The Financial Statements delivered to Lender are true and correct. There are were no material liabilities, direct or indirect, fixed or contingent, of Borrower or Guarantor as of the dates of such Financial Statements that are which were not reflected therein or in the notes thereto that thereto, which have not otherwise been disclosed to Lender in writing. Except for any such changes heretofore expressly disclosed in writing to Lender, there have has been no material adverse changes change in the respective financial conditions of Borrower or Guarantor from the financial conditions shown in their respective Financial Statements, nor have Borrower or Guarantor incurred any material liabilities, direct or indirect, fixed or contingent, that which are not shown in their respective Financial Statements. Borrower and Guarantor are Guarantor, respectively, is able to pay all of its or their respective debts as they become due, and Borrower and Guarantor, as the case may be, will shall maintain such solvent financial condition, giving effect to the Obligations, as long as the Borrower or Guarantor are Guarantor, is obligated to Lender under this Agreement the Agreement, or with respect to the Guarantor, the Guaranty, or in any of the other Loan Documentsmanner whatsoever. Neither Borrower's nor and Guarantor's Obligations obligations under this Agreement and under the other Loan Documents will not render Borrower or Guarantor unable to pay its or their respective debts as they become due. The present fair market value of Borrower's and Guarantor' assets is greater than the amount required to pay its or their respective total liabilities.

Appears in 1 contract

Samples: Loan and Security Agreement (Mego Financial Corp)

Financial Statements and Business Condition. The Financial Statements financial statements ------------------------------------------- of Borrower and Guarantor fairly present the respective financial conditions and results of operations of Borrower and Guarantor Guarantor, respectively, as of the date or dates thereof and for the periods covered thereby. There are no material liabilities, direct or indirect, fixed or contingent, of Borrower or Guarantor as of the dates of such Financial Statements financial statements that are not reflected therein or in the notes thereto that have not otherwise been disclosed to Lender in writing. Except for any such changes heretofore expressly disclosed in writing to Lender, there have been no material adverse changes in the respective financial conditions of Borrower or Guarantor from the financial conditions shown in their respective Financial Statementsfinancial statements, nor have Borrower or Guarantor incurred any material liabilities, direct or indirect, fixed or contingent, that are not shown in their respective Financial Statementsfinancial statements. Borrower and Guarantor are able to pay all of their respective debts as they become due, and Borrower and Guarantor, as the case may be, will maintain such solvent financial condition, giving effect to the Obligations, as long as Borrower or Guarantor are obligated to Lender under this Agreement or any of the other Loan Documents. Neither Borrower's nor Guarantor's Obligations obligations under this Agreement and the other Loan Documents will render Borrower or Guarantor unable to pay their respective debts as they become due.

Appears in 1 contract

Samples: Loan and Security Agreement (Mego Financial Corp)

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Financial Statements and Business Condition. The Financial Statements fairly present the respective financial conditions and results of operations of Borrower and Guarantor as of the date or dates thereof and for the periods covered thereby. There are were no material liabilities, direct or indirect, fixed or contingent, of Borrower or Guarantor as of the dates of such Financial Statements that are which were not reflected therein or in the notes thereto that thereto, which have not otherwise been disclosed to Lender in writing. Except for any such changes heretofore expressly disclosed in writing to Lender, there have has been no material adverse changes change in the respective financial conditions of Borrower or Guarantor from the financial conditions shown in their respective Financial Statements, nor have Borrower or Guarantor incurred any material liabilities, direct or indirect, fixed or contingent, that which are not shown in their respective Financial Statements. Borrower and Guarantor are Borrower, or the Guarantor, respectively, is able to pay all of its or their respective debts as they become due, due and Borrower and or Guarantor, as the case may be, will shall maintain such solvent financial condition, giving effect to the Obligations, as long as Borrower the Borrower, or Guarantor Guarantor, are obligated to Lender under this Agreement the Agreement, or with respect to the Guarantor, the Guaranty, or in any of the other Loan Documentsmanner whatsoever. Neither Borrower's nor or Guarantor's Obligations under this Agreement and the other Loan Documents will render Borrower or Guarantor unable to pay their respective debts as they become due.and

Appears in 1 contract

Samples: Loan and Security Agreement (Silverleaf Resorts Inc)

Financial Statements and Business Condition. The Financial Statements fairly present the respective financial conditions and results of operations of Borrower and Guarantor Guarantors as of the date or dates thereof and for the periods covered thereby. There are no material liabilities, direct or indirect, fixed or contingent, of Borrower or Guarantor Guarantors as of the dates of such Financial Statements that are not reflected therein or in the notes thereto that have not otherwise been disclosed to Lender in writing. Except for any such changes heretofore expressly disclosed in writing to Lender, there have been no material adverse changes in the respective financial conditions of Borrower or Guarantor Guarantors from the financial conditions shown in their respective Financial Statements, nor have Borrower or Guarantor Guarantors incurred any material liabilities, direct or indirect, fixed or contingent, that are not shown in their respective Financial Statements. Borrower and Guarantor Guarantors are able to pay all of their respective debts as they become due, and Borrower and GuarantorGuarantors, as the case may be, will maintain such solvent financial condition, giving effect to the Obligations, as long as Borrower or Guarantor Guarantors are obligated to Lender under this Agreement or any of the other Loan Documents. Neither Borrower's nor Guarantor's Obligations under this Agreement and the other Loan Documents will render Borrower or Guarantor unable to pay their respective debts as they become due.

Appears in 1 contract

Samples: Loan and Security Agreement (Equivest Finance Inc)

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