Liabilities at Closing. Except as may otherwise be set forth in Section 3.2.7 above, the value of all liabilities of the Company, including any exposure under any guarantees, as at the Closing Date, shall not be in excess of those normally incurred and paid by the Company in the ordinary course of business and are not individually or in the aggregate in excess of $400,000.
Liabilities at Closing. After giving effect, on a pro-forma basis, to the issuance of Purchaser common stock and payments under Sections 3.2 and 3.3 hereof, respectively, the Company shall have no liabilities of any kind or nature.
Liabilities at Closing. Except as may otherwise be set forth in Section 3.1.7 above, the value of all liabilities of Electrolinks, including any exposure under any guarantees, as at the Closing Date, shall not be in excess of those normally incurred and paid in the ordinary course of business and are not individually or in the aggregate in excess of $1,400,000.
Liabilities at Closing. Except as may otherwise be set forth in Section 3.1.7 above, the value of all liabilities of Planktos, including any exposure under any guarantees, as at the Closing will be zero.
Liabilities at Closing. Except as may otherwise be set forth in Section 3.2.7 above, the value of all liabilities of Diatom, including any exposure under any guarantees, as at the Closing Date, will be zero.
Liabilities at Closing. Except as may otherwise be set forth in Section 3.1.7 above, the value of all liabilities of ZAG, including any exposure under any guarantees, at the Closing will be zero.
Liabilities at Closing. Except as may otherwise be set forth in Section 3.2.7 above, the value of all liabilities of the Company, including any exposure under any guarantees, at the Closing will be zero.
Liabilities at Closing. The Company shall not have any delinquent payables (not including any (i) accrued but unpaid compensation amounts, (ii) unpaid payables which remain unpaid for 60 days or less after the due date for such payable, (iii) unpaid payables which remain unpaid for more than 60 days in an amount up to $10,000,000 relating to equipment, raw materials and other payables or (iv) Outstanding Company Transaction Expenses), the Company’s funded debt including institutional and Permitted Financing debt shall not exceed $100,000,000 (provided that all Permitted Financings were debt financing) and at least $20,000,000 from such Permitted Financings shall have been used to retire Company indebtedness in existence as of the date of this Agreement.
Liabilities at Closing. Except as may otherwise be set forth in Section 3.1.6 above, the value of all liabilities of Intelspec, including any exposure under any gu arantees, as at the Closing, shall not be in excess of those normally incurred and paid in the ordinary course of business.
Liabilities at Closing. At or before the Closing Time, the Vendors will deliver to the Purchaser a list of the Liabilities at Closing.
