Common use of Solvency Analysis Clause in Contracts

Solvency Analysis. A certificate of a senior financial officer of the Borrower certifying that, as of the Restatement Effective Date and after giving effect to the initial extension of credit hereunder and to the other transactions contemplated hereby, (i) the aggregate value of all Properties of the Borrower and its Subsidiaries at their present fair saleable value (i.e., the amount which may be realized within a reasonable time, considered to be six to eighteen months, either through collection or sale at the Credit Agreement regular market value, conceiving the latter as the amount which could be obtained for the Property in question within such period by a capable and diligent businessman from an interested buyer who is willing to purchase under ordinary selling conditions), exceeds the amount of all the debts and liabilities (including contingent, subordinated, unmatured and unliquidated liabilities) of the Borrower and its Subsidiaries, (ii) the Borrower and its Subsidiaries will not, on a consolidated basis, have an unreasonably small capital with which to conduct their business operations as heretofore conducted and (iii) the Borrower and its Subsidiaries will have, on a consolidated basis, sufficient cash flow to enable them to pay their debts as they mature.

Solvency Analysis. A certificate of a senior the chief financial officer of the Borrower certifying Company to the effect that, as of the Restatement Effective Closing Date and after giving effect to the initial extension of credit hereunder and to the other transactions transac- tions contemplated hereby, (i) the aggregate value of all Properties of the Borrower Company and its Subsidiaries at their present fair saleable value (i.e., the amount which that may be realized within a reasonable time, considered to be six months to eighteen monthsone year, either through collection or sale at the Credit Agreement regular market value, conceiving the latter as the amount which that could be obtained for the Property in question within such period by a capable and diligent businessman from an interested buyer who is willing to purchase under ordinary selling conditions), exceeds exceed the amount of all the debts and liabilities (including contingent, subordinated, unmatured and unliquidated liabilities) of the Borrower Company and its Subsidiaries, (ii) the Borrower Company and its Subsidiaries will not, on a consolidated basis, have an unreasonably small capital with which to conduct their business operations opera- tions as heretofore conducted and (iii) the Borrower Company and its Subsidiaries will have, on a consolidated basis, sufficient suf- ficient cash flow to enable them to pay their debts as they mature. Such certificate shall also state that the financial projections and underlying assumptions upon which such conclusions are based are fair and reasonable and accurately computed.

Solvency Analysis. A certificate of a senior financial officer Responsible Officer ----------------- of the Borrower certifying to the effect that, as of the Restatement Effective Closing Date and after giving effect to the initial extension of credit Loans hereunder and to the other transactions contemplated hereby, : (i) the aggregate value of all Properties of the Borrower and its Subsidiaries at their present fair saleable value (i.e., the amount which that may be realized within a reasonable time, considered to be six months to eighteen monthsone year, either through collection or sale at the Credit Agreement regular market value, conceiving the latter as the amount which that could be obtained for the Property in question within such period by a capable and diligent businessman from an interested buyer who is willing to purchase under ordinary selling conditions), exceeds exceed the amount of all the debts and liabilities (including contingent, subordinated, unmatured and unliquidated liabilities) of the Borrower and its Subsidiaries, ; (ii) the Borrower and its Subsidiaries will not, on a consolidated basis, have an unreasonably small capital with which to conduct their business operations as heretofore conducted and conducted; and (iii) the Borrower and its Subsidiaries will have, on a consolidated basis, sufficient cash flow to enable them to pay their debts as they mature. Such certificate shall include a statement to the effect that the financial projections and underlying assumptions contained in such analysis are fair and reasonable and accurately computed.

Solvency Analysis. A certificate of a senior financial officer Responsible Officer of ----------------- the Borrower certifying to the effect that, as of the Restatement Effective Closing Date and after giving effect to the initial extension of credit Loans hereunder and to the other transactions contemplated hereby, : (i) the aggregate value of all Properties of the Borrower and its Subsidiaries at their present fair saleable value (i.e., the amount which that may be realized within a reasonable time, considered to be six months to eighteen monthsone year, either through collection or sale at the Credit Agreement regular market value, conceiving the latter as the amount which that could be obtained for the Property in question within such period by a capable and diligent businessman from an interested buyer who is willing to purchase under ordinary selling conditions), exceeds exceed the amount of all the debts and liabilities (including contingent, subordinated, unmatured and unliquidated liabilities) of the Borrower and its Subsidiaries, ; (ii) the Borrower and its Subsidiaries will not, on a consolidated basis, have an unreasonably small capital with which to conduct their business operations as heretofore conducted and conducted; and (iii) the Borrower and its Subsidiaries will have, on a consolidated basis, sufficient cash flow to enable them to pay their debts as they mature. Such certificate shall include a statement to the effect that the financial projections and underlying assumptions contained in such analysis are fair and reasonable and accurately computed.

Solvency Analysis. A certificate of a senior the chief financial officer of the Borrower certifying that, as of the Restatement Effective Date and after giving effect to the initial extension of credit hereunder and to the other transactions contemplated hereby, (i) the aggregate value of all Properties properties of the Borrower and its Subsidiaries at their present fair saleable value (i.e., the amount which may be realized within a reasonable time, considered to be six to eighteen months, either through collection or sale at the Credit Agreement regular market value, conceiving the latter as the amount which could be obtained for the Property properties in question within such period by a capable and diligent businessman from an interested buyer who is willing to purchase under ordinary selling conditions), exceeds the amount of all the debts and liabilities (including contingent, subordinated, unmatured and unliquidated liabilities) of the Borrower and its Subsidiaries, (ii) the Borrower and its Subsidiaries will not, on a consolidated basis, have an unreasonably small capital with which to conduct their business operations as heretofore conducted and (iii) the Borrower and its Subsidiaries will have, on a consolidated basis, sufficient cash flow to enable them to pay their debts as they mature.

Solvency Analysis. A certificate of a senior from the chief financial officer of the Borrower certifying to the effect that, as of the Restatement Effective Date and after giving effect to the initial extension of credit hereunder and to the other transactions contemplated hereby, (i) the aggregate value of all Properties of the Borrower and its Subsidiaries at their present fair saleable value (i.e.I.E., the amount which may be realized within a reasonable time, considered to be six months to eighteen monthsone year, either through collection or sale at the Credit Agreement regular market value, conceiving the latter as the amount which could be obtained for the Property in question within such period by a capable and diligent businessman business person from an interested buyer who is willing to purchase under ordinary selling conditions), exceeds the amount of all the debts and liabilities (including contingent, subordinated, unmatured and unliquidated liabilities) of the Borrower and its Subsidiaries, (ii) the Borrower and its Subsidiaries will not, on a consolidated basis, have an unreasonably small capital with which to conduct their business operations as heretofore conducted and (iii) the Borrower and its Subsidiaries will have, on a consolidated basis, sufficient cash flow to enable them to pay their debts as they mature.

Solvency Analysis. A certificate of An analysis from a senior financial officer of the Borrower certifying to the effect that, as of the Restatement Effective Closing Date and after giving effect to the initial extension of credit Loan hereunder and to the other transactions contemplated hereby, : (i) the aggregate value of all Properties of the Borrower and its Subsidiaries at their present fair saleable value (i.e., the amount which that may be realized Credit Agreement within a reasonable time, considered to be six months to eighteen monthsone year, either through collection or sale at the Credit Agreement regular market value, conceiving the latter as the amount which that could be obtained for the Property in question within such period by a capable and diligent businessman from an interested buyer who is willing to purchase under ordinary selling conditions), exceeds exceed the amount of all the debts and liabilities (including contingent, subordinated, unmatured and unliquidated liabilities) of the Borrower and its Subsidiaries, , (ii) the Borrower and its Subsidiaries will not, on a consolidated basis, have an unreasonably small capital with which to conduct their business operations as heretofore conducted and and (iii) the Borrower and its Subsidiaries will have, on a consolidated basis, sufficient cash flow to enable them to pay their debts as they mature. Such certificate shall include a statement to the effect that the financial projections and underlying assumptions contained in such analysis are, fair and reasonable and accurately computed.

Solvency Analysis. A certificate of a senior financial officer of the Borrower certifying that, as of the Restatement Effective Date and after giving effect to the initial extension of credit hereunder and to the other transactions contemplated hereby, (i) the aggregate value of all Properties properties of the Borrower and its Subsidiaries at their present fair saleable value (i.e., the amount which may be realized within a reasonable time, considered to be six to eighteen months, either through collection or sale at the Credit Agreement regular market value, conceiving the latter as the amount which could be obtained for the Property properties in question within such period by a capable and diligent businessman from an interested buyer who is willing to purchase under ordinary selling conditions), exceeds the amount of all the debts and liabilities (including contingent, subordinated, unmatured and unliquidated liabilities) of the Borrower and its Subsidiaries, (ii) the Borrower and its Subsidiaries will not, on a consolidated basis, have an unreasonably small capital with which to conduct their business operations as heretofore conducted and (iii) the Borrower and its Subsidiaries will have, on a consolidated basis, sufficient cash flow to enable them to pay their debts as they mature.