Solvency/Bankruptcy. Purchaser has not (i) made any general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition in bankruptcy by Purchaser’s creditors, (iii) suffered the appointment of a receiver to take possession of all, or substantially all, of Purchaser’s assets, (iv) suffered the attachment or other judicial seizure of all, or substantially all, of Purchaser’s assets, (v) admitted in writing its inability to pay its debts as they come due, or (vi) made any offer of settlement, extension or compromise to its creditors generally. Furthermore, Purchaser has not taken against it any such actions.
Solvency/Bankruptcy. Seller has not (i) made any general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition in bankruptcy by Seller’s creditors, (iii) suffered the appointment of a receiver to take possession of all, or substantially all of Seller’s assets, (iv) suffered the attachment or other judicial seizure of all or substantially all, of Seller’s assets, (v) admitted in writing its inability to pay its debts as they come due, or (vi) made an offer of settlement, extension or composition to its creditors generally, and has not considered doing or undertaking, and has no current plans to do or undertake any of the foregoing. Furthermore, Seller has not and does not contemplate taking or having taken against it, any such actions.
Solvency/Bankruptcy. Neither Correvio nor any of its subsidiaries: (i) is insolvent or bankrupt under or pursuant to any corporate, insolvency, winding-up, restructuring, reorganization, administration or other Laws applicable to it; (ii) has commenced, approved, authorized or taken any action in furtherance of proceedings in respect of it under any applicable bankruptcy, insolvency, restructuring, reorganization, administration, winding up, liquidation, dissolution, or similar Law; (iii) has proposed a compromise or arrangement with its creditors generally or is or has been subject to any actions taken, orders received or proceedings commenced by creditors or other persons for or in respect of the bankruptcy, receivership, insolvency, restructuring, reorganization, administration, winding-up, liquidation or dissolution of it, or any of its property or assets; (iv) had any encumbrancer take possession of any of its property, or (v) had any execution or distress become enforceable or become levied upon any of its property. Correvio is not unable to pay its liabilities as they become due and the realizable value of the assets of Correvio are not less than the aggregate of its liabilities and stated capital of all classes.
Solvency/Bankruptcy. Each Settling Defendant (except Chinook) warrants individually (but not jointly or collectively) that, as of the date of this Multistate Settlement Agreement, it is not insolvent, nor will funding its share of the payments under this Multistate Settlement Agreement render it insolvent within the meaning of and/or for the purposes of the United States Bankruptcy Code. If a case is commenced with respect to any Settling Defendants under Title 11 of the United States Code (Bankruptcy), or a trustee, receiver or conservator is appointed under any similar law, and in the event any payment by that Settling Defendant should be voided as a preference or fraudulent transfer, or for similar reasons, and if pursuant to an order of a court of competent jurisdiction monies paid by a Settling Defendant pursuant to this Multistate Settlement Agreement are either not delivered or are returned to the Settling Defendant or to the trustee, receiver, or conservator appointed by a court in any bankruptcy proceedings with respect to that Settling Defendant, the releases given and judgment entered in favor of that Settling Defendant pursuant to this Multistate Settlement Agreement shall be null and void.
Solvency/Bankruptcy. A. Client is not Insolvent at the time of, and will not be rendered Insolvent after giving effect to, each Payplant Receivables Program Transaction.
Solvency/Bankruptcy. The Company and the Operating Partnership is each solvent and each has not made a general assignment for the benefit of creditors or a transfer in fraud of creditors, or been adjudicated, bankrupt or insolvent, nor has a receiver, liquidator, custodian, or trustee of the Company or the Operating Partnership or any of their respective properties been appointed or taken possession of any of their respective properties, or a petition filed by or against the Company or the Operating Partnership for bankruptcy, composition, rearrangement, extension, reorganization, or insolvency or bankruptcy law or statute, or any proceeding instituted for the dissolution or liquidation of either the Company or the Operating Partnership.
Solvency/Bankruptcy. (i) .. Borrower is not Insolvent at the time of, and will not be rendered Insolvent after giving effect to this Agreement.
Solvency/Bankruptcy. Borrower shall be Solvent and Borrower shall not have except as provided on Schedule 7.1.9: (i) voluntarily terminated operations or applied for or consented to the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of Borrower or of all or of a substantial part of the assets of Borrower, (ii) admitted in writing its inability, or be generally unable, to pay its debts as the debts become due, (iii) made a general assignment for the benefit of its creditors, (iv) commenced a voluntary case under the United States Bankruptcy Code (as now or hereafter in effect), (v) filed a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, (vi) failed to controvert in a timely and appropriate manner, or acquiesce in writing to, any petition filed against it in an involuntary case under the Bankruptcy Code, or (vii) taken any corporate action for the purpose of effecting any of the foregoing. “Solvent” means, as to the Borrower on a particular date, that any such Person (a) has capital sufficient to carry on its business and transactions and all business and transactions in which it is about to engage and is able to pay its debts as they mature, and (b) owns property having a value, both at fair valuation and at present fair saleable value, greater than the amount required to pay its probable liabilities (including contingencies).
Solvency/Bankruptcy. Creditors. -------------------------------
Solvency/Bankruptcy. Purchaser is solvent and has not (i) made any general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition in bankruptcy by Purchaser’s creditors, (iii) suffered the appointment of a receiver to take possession of all, or substantially all, of Purchaser’s assets, (iv) suffered the attachment or other judicial seizure of all, or substantially all, of Purchaser’s assets, (v) admitted in writing its inability to pay its debts as they come due, or (vi) made any offer of settlement, extension or compromise to its creditors generally, and has not considered doing or undertaking, and has no current plans to do or undertake, any of the foregoing. Furthermore, Purchaser has not taken, and does not contemplate taking, or having taken against it, any such actions.
