Common use of No Insolvency or Judgment Clause in Contracts

No Insolvency or Judgment. Neither Borrower, nor any Indemnitor, nor any Constituent Entity of Borrower or any Indemnitor, (a) has been or is currently the subject of or a party to any completed or pending bankruptcy, reorganization or insolvency proceeding; or (b) is currently the subject of any judgment unsatisfied of record or docketed in any court of the state in which the Property is located or in any other court located in the United States. The proposed Loan will not render the Borrower and the Borrower Parties (collectively) or any general partner or member of Borrower insolvent. As used in this Mortgage, the term “insolvent” means that the sum total of all of an entity’s liabilities (whether secured or unsecured, contingent or fixed, or liquidated or unliquidated) is in excess of the value of all such entity’s non-exempt assets, i.e., all of the assets of the entity that are available to satisfy claims of creditors.

Appears in 3 contracts

Samples: And Security Agreement (Gladstone Commercial Corp), Rents and Security Agreement (Gladstone Commercial Corp), And Security Agreement (Gladstone Commercial Corp)

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No Insolvency or Judgment. Neither Borrower, nor any Indemnitor, nor any Constituent Entity of Borrower or any Indemnitor, (a) has been or is currently the subject of or a party to any completed or pending bankruptcy, reorganization or insolvency proceeding; or (b) is currently the subject of any judgment unsatisfied of record or docketed in any court of the state in which the Property is located or in any other court located in the United States. The proposed Loan will not render the Borrower and the Borrower Parties (collectively) or any general partner or member of Borrower insolvent. As used in this MortgageDeed of Trust, the term “insolvent” means that the sum total of all of an entity’s liabilities (whether secured or unsecured, contingent or fixed, or liquidated or unliquidated) is in excess of the value of all such entity’s non-exempt assets, i.e., all of the assets of the entity that are available to satisfy claims of creditors.

Appears in 3 contracts

Samples: And Security Agreement (Gladstone Commercial Corp), And Security Agreement (Gladstone Commercial Corp), Gladstone Commercial Corp

No Insolvency or Judgment. Neither None of Borrower, nor any Indemnitorgeneral partner or member of Borrower, nor any Constituent Entity of Borrower or any Indemnitor, guarantor of any of the Loans is currently (a) has been or is currently the subject of or a party to any completed or pending bankruptcy, reorganization or insolvency proceeding; or (b) is currently the subject of any unsatisfied judgment unsatisfied of record or docketed in any court of the state in which the Property is located or in any other court located in the United States. The proposed Loan Loans will not render the Borrower and the Borrower Parties (collectively) or nor any general partner or member of Borrower insolvent. As used in this MortgageSecurity Deed, the term "insolvent" means that the sum total of all of an entity’s 's liabilities (whether secured or unsecured, contingent or fixed, or liquidated or unliquidated) is in excess of the value of all such entity’s 's non-exempt assets, i.e., all of the assets of the entity that are available to satisfy claims of creditors.

Appears in 2 contracts

Samples: Debt and Security Agreement (Sun Communities Inc), Secure Debt and Security Agreement (Sun Communities Inc)

No Insolvency or Judgment. Neither None of Borrower, nor any Indemnitorgeneral partner or member of Borrower, nor any Constituent Entity of Borrower or any Indemnitor, guarantor of any of the Loans is currently (a) has been or is currently the subject of or a party to any completed or pending bankruptcy, reorganization or insolvency proceeding; or (b) is currently the subject of any unsatisfied judgment unsatisfied of record or docketed in any court of the state in which the Property is located or in any other court located in the United States. The proposed Loan Loans will not render the Borrower and the Borrower Parties (collectively) or nor any general partner or member of Borrower insolvent. As used in this MortgageDeed of Trust, the term "insolvent" means that the sum total of all of an entity’s 's liabilities (whether secured or unsecured, contingent or fixed, or liquidated or unliquidated) is in excess of the value of all such entity’s 's non-exempt assets, i.e., all of the assets of the entity that are available to satisfy claims of creditors.

Appears in 1 contract

Samples: Sun Communities Inc

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No Insolvency or Judgment. Neither BorrowerMortgagor, nor any Indemnitor, nor guarantor of any Constituent Entity of Borrower or any Indemnitor, Mortgagor’s obligations under the Loan Documents is currently (a) has been or is currently the subject of or a party to any completed or pending bankruptcy, reorganization or insolvency proceeding; proceeding or (b) is currently the subject of any judgment unsatisfied of record or docketed in any court of the state in which the Property is located or in any other court located in the United States. The proposed Loan will not render the Borrower and the Borrower Parties (collectively) or Mortgagor nor any shareholder, general partner or member of Borrower Mortgagor insolvent. As used in this Mortgage, the term “insolvent” means that the sum total of all of an entity’s liabilities (whether secured or unsecured, contingent or fixed, or liquidated or unliquidated) is in excess of the value of all such entity’s non-exempt assets, i.e., all of the assets of the entity that are available to satisfy claims of creditors.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Industrial Income Trust Inc.)

No Insolvency or Judgment. Neither Borrower, nor any IndemnitorGuarantor, nor any Constituent Entity of Borrower or any IndemnitorGuarantor, (ai) has been or is currently the subject of or a party to any completed or pending bankruptcy, reorganization or insolvency proceeding; or (bii) is currently the subject of any judgment unsatisfied of record or docketed in any court of the state in which the Property is located or in any other court located in the United States. The proposed Loan will not render the Borrower and the Borrower Parties (collectively) or any general partner or member of Borrower insolvent. As used in this MortgageAgreement, the term “insolvent” means that the sum total of all of an entity’s liabilities (whether secured or unsecured, contingent or fixed, or liquidated or unliquidated) is in excess of the value of all such entity’s non-exempt assets, i.e., all of the assets of the entity that are available to satisfy claims of creditors.

Appears in 1 contract

Samples: Loan Agreement (City Office REIT, Inc.)

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