Fraudulent Transfer, etc. As of each Contribution Date: (i) Contributor is not Insolvent and will not become Insolvent as a result of the contribution of Contributed Assets on the Contribution Date, (ii) Contributor did not intend to incur or believe that it would incur debts that would be beyond Contributor’s ability to pay as such debts matured, (iii) such transfer was not made by Contributor with actual intent to hinder, delay or defraud any Person and (iv) the assets of Contributor did not constitute unreasonably small capital to carry out its business as conducted.
Appears in 4 contracts
Samples: Asset Contribution Agreement, Asset Contribution Agreement (Corporate Capital Trust, Inc.), Asset Contribution Agreement (FS Energy & Power Fund)
