Common use of Fraudulent Transfer Clause in Contracts

Fraudulent Transfer. (a) Borrower and each of the Guarantors (other than Inactive Subsidiary) is Solvent. (b) No transfer of property is being made by Borrower or any Guarantor and no obligation is being incurred by Borrower or any Guarantor 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 Borrower or any Guarantor.

Appears in 2 contracts

Sources: Loan and Security Agreement (Microstrategy Inc), Loan and Security Agreement (Microstrategy Inc)

Fraudulent Transfer. (a) Borrower and each of the Guarantors (other than Inactive Subsidiary) is Guarantor. taken as a whole, are Solvent. (b) No transfer of property is being made by Borrower or any Guarantor and no obligation is being incurred by Borrower or any Guarantor 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 Borrower or any such Guarantor.

Appears in 2 contracts

Sources: Loan and Security Agreement (Orbital Sciences Corp /De/), Loan and Security Agreement (Orbital Sciences Corp /De/)

Fraudulent Transfer. (a) Each Borrower and each of the Guarantors (other than Inactive Subsidiary) Guarantor is Solvent. (b) No transfer of property is being made by any Borrower or any Guarantor and no obligation is being incurred by any Borrower or any Guarantor 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 Borrower Borrowers or any GuarantorGuarantors.

Appears in 1 contract

Sources: Loan and Security Agreement (Amerco /Nv/)

Fraudulent Transfer. (a) each Borrower and each of the Guarantors (other than Inactive Subsidiary) Guarantor is Solvent. (b) No transfer of property is being made by any Borrower or any Guarantor and no obligation is being incurred by any Borrower or any Guarantor 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 any Borrower or any Guarantor.

Appears in 1 contract

Sources: Loan and Security Agreement (Hypercom Corp)

Fraudulent Transfer. (a) each Borrower and each of the Guarantors (other than Inactive Subsidiary) Guarantor is Solvent. (b) No transfer of property is being made by any Borrower or any Guarantor and no obligation is being incurred by any Borrower or any Guarantor 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 Borrower Borrowers or any GuarantorGuarantors.

Appears in 1 contract

Sources: Loan and Security Agreement (Mercury Air Group Inc)

Fraudulent Transfer. (a) Borrower and each of the Guarantors (other than Inactive Subsidiary) Such Guarantor is Solvent. (b) No transfer of property is being made by Borrower or any such Guarantor and no obligation is being incurred by Borrower or any such Guarantor 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 Borrower or any such Guarantor.

Appears in 1 contract

Sources: Security Agreement (RMH Teleservices Inc)

Fraudulent Transfer. (a) each Borrower and each of the Guarantors (other than Inactive Subsidiary) Guarantor is Solvent. (b) No transfer of property is being made by any Borrower or any Guarantor and no obligation is being incurred by any Borrower or any Guarantor 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 Borrower Borrowers or any GuarantorGuarantors.

Appears in 1 contract

Sources: Loan and Security Agreement (Pioneer Companies Inc)

Fraudulent Transfer. (a) Borrower Each Guarantor and each of the Guarantors (other than Inactive Subsidiary) Borrower is Solvent. (b) No transfer of property is being made by Borrower any Guarantor or any Guarantor Borrower and no obligation is being incurred by Borrower any Guarantor or any Guarantor 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 Borrower any of the Guarantors or any Guarantorof the Borrowers.

Appears in 1 contract

Sources: Loan and Security Agreement (Learningstar Corp)

Fraudulent Transfer. (a) each Borrower and each of the Guarantors (other than Inactive Subsidiary) Guarantor is Solvent. (b) No transfer of property is being made by any Borrower or any Guarantor and no obligation is being incurred by any Borrower or any Guarantor 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 Borrower or any GuarantorBorrowers.

Appears in 1 contract

Sources: Loan and Security Agreement (Ventiv Health Inc)

Fraudulent Transfer. (a) Borrower Borrower, Guarantors and each of the Guarantors (other than Inactive Subsidiary) is their Subsidiaries, taken as a whole, are Solvent. (b) No transfer of property is being made by Borrower or any Guarantor and no obligation is being incurred by Borrower or any Guarantor 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 Borrower or any such Guarantor.

Appears in 1 contract

Sources: Credit Agreement (Dialogic Inc.)

Fraudulent Transfer. (a) The Borrower and each of the Guarantors (other than Inactive Subsidiary) is Solvent. (b) No transfer of property is being made by the Borrower or any the Guarantor and no obligation is being incurred by the Borrower or any the Guarantor 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 Borrower or any the Guarantor.

Appears in 1 contract

Sources: Loan and Security Agreement (Party City Corp)

Fraudulent Transfer. (a) Each of Borrower and each of the Guarantors (other than Inactive Subsidiary) is Solvent. (b) No transfer of property is being made by Borrower or any Guarantor and no obligation is being incurred by Borrower or any Guarantor of the Guarantors 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 Borrower or any Guarantorsuch Guarantors.

Appears in 1 contract

Sources: Loan and Security Agreement (MSC Software Corp)

Fraudulent Transfer. (a) Each Guarantor and Borrower and each of the Guarantors (other than Inactive Subsidiary) is are Solvent. (b) No transfer of property is being made by Borrower or any Guarantor or Borrower and no obligation is being incurred by Borrower or any Guarantor or 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 Borrower any of the Guarantors or any GuarantorBorrower.

Appears in 1 contract

Sources: Loan and Security Agreement (Paradyne Networks Inc)