Common use of Fraudulent Transfer Clause in Contracts

Fraudulent Transfer. (a) Each of Parent, Borrower, and each of Borrower’s Subsidiaries is Solvent. (b) No transfer of property is being made by Parent, Borrower, or Borrower’s Subsidiaries and no obligation is being incurred by Parent, Borrower, or Borrower’s Subsidiaries in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of Parent, Borrower, or Borrower’s Subsidiaries.

Appears in 2 contracts

Sources: Credit Agreement (Hawaiian Holdings Inc), Credit Agreement (Hawaiian Holdings Inc)

Fraudulent Transfer. (a) Each of Parent, Borrower, Parent and each of Borrower’s its Restricted Subsidiaries is Solvent. (b) No transfer of property is being made by Parent, Borrower, Parent or Borrower’s any of its Restricted Subsidiaries and no obligation is being incurred by Parent, Borrower, Parent or Borrower’s any of its Restricted Subsidiaries in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, delay or defraud either present or future creditors of Parent, Borrower, Parent or Borrower’s Subsidiariessuch Restricted Subsidiary.

Appears in 2 contracts

Sources: Credit Agreement (Golden Nugget Online Gaming, Inc.), Credit Agreement (Golden Nugget Online Gaming, Inc.)

Fraudulent Transfer. (a) Each of Parent, Borrower, Parent and each of Borrower’s its Subsidiaries is Solvent. (b) No transfer of property is being made by Parent, Borrower, Parent or Borrower’s its Subsidiaries and no obligation is being incurred by Parent, Borrower, Parent or Borrower’s its Subsidiaries in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of Parent, Borrower, Parent or Borrower’s its Subsidiaries.

Appears in 2 contracts

Sources: Loan and Security Agreement (Interdent Inc), Credit Agreement (Storm Cat Energy CORP)

Fraudulent Transfer. (a) Each of Parent, Borrower, Parent and each of Borrower’s Subsidiaries Borrower is Solvent. (b) No transfer of property is being made by Parent, Borrower, Parent or Borrower’s Subsidiaries any Borrower and no obligation is being incurred by Parent, Borrower, Parent or Borrower’s Subsidiaries any Borrower in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of Parent, Parent or any Borrower, or Borrower’s Subsidiaries.

Appears in 2 contracts

Sources: Loan and Security Agreement (Big Dog Holdings Inc), Loan and Security Agreement (Big Dog Holdings Inc)

Fraudulent Transfer. (a) Each of Parent, Borrower, Parent and each of Borrower’s its Subsidiaries is Solvent. (b) No transfer of property is being made by Parent, Borrower, Parent or Borrower’s any of its Subsidiaries and no obligation is being incurred by Parent, Borrower, Parent or Borrower’s any of its Subsidiaries in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of Parent, Borrower, Parent or Borrower’s any of its Subsidiaries.

Appears in 1 contract

Sources: Loan and Security Agreement (Paincare Holdings Inc)

Fraudulent Transfer. (a) Each of Parent, Borrower, Parent and each of Borrower’s its Subsidiaries is are Solvent. (b) No transfer of property is being made by Parent, Borrower, Parent or Borrower’s any of its Subsidiaries and no obligation is being incurred by Parent, Borrower, Parent or Borrower’s any of its Subsidiaries in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of Parent, Borrower, Parent or Borrower’s its Subsidiaries.

Appears in 1 contract

Sources: Credit Agreement (Foothills Resources Inc)

Fraudulent Transfer. (a) Each of ParentParent and its Subsidiaries, Borroweron a consolidated basis, and each of Borrower’s Subsidiaries is are Solvent. (b) No transfer of property is being made by Parent, Borrower, Parent or Borrower’s its Subsidiaries and no obligation is being incurred by Parent, Borrower, Parent or Borrower’s its Subsidiaries in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of Parent, Borrower, Parent or Borrower’s any of its Subsidiaries.

Appears in 1 contract

Sources: Credit Agreement (Bookham, Inc.)

Fraudulent Transfer. (a) Each of Parent, Borrower, Parent and each of Borrower’s its Subsidiaries is are Solvent. (b) No transfer of property is being made by Parent, Borrower, Parent or Borrower’s its Subsidiaries and no obligation is being incurred by Parent, Borrower, Parent or Borrower’s its Subsidiaries in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of Parent, Borrower, Parent or Borrower’s its Subsidiaries.

Appears in 1 contract

Sources: Loan and Security Agreement (eTelecare Global Solutions, Inc.)

Fraudulent Transfer. (a) Each of ParentOriginator, BorrowerServicer, Parent and Borrower and each of Borrower’s their Subsidiaries is Solvent. (b) No transfer of property is being made by ParentOriginator, BorrowerServicer, Parent or Borrower’s Subsidiaries Borrower and no obligation is being incurred by Parent, Borrower, or Borrower’s Subsidiaries such Person in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of Parent, Borrower, or Borrower’s Subsidiariessuch Person.

Appears in 1 contract

Sources: Loan and Security Agreement (LEAF Equipment Finance Fund 4, L.P.)

Fraudulent Transfer. (a) Each of ParentParent and its Restricted Subsidiaries, Borroweron a consolidated basis, and each of Borrower’s Subsidiaries is are Solvent. (b) No transfer of property is being made by Parent, Borrower, any Loan Party or Borrower’s Subsidiaries any Restricted Subsidiary and no obligation is being incurred by Parent, Borrower, any Loan Party or Borrower’s Subsidiaries any Restricted Subsidiary in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of Parent, Borrower, or Borrower’s Subsidiariessuch Loan Party.

Appears in 1 contract

Sources: Credit Agreement (Stock Building Supply Holdings, Inc.)