Solvency Certificate; Environmental Analyses; Insurance. On or ------------------------------------------------------- before the Initial Borrowing Date, the Borrower shall cause to be delivered to the Administrative Agent (i) a solvency certificate from the chief financial officer of each of the Parent and the Borrower in the form of Exhibit K hereto, which shall be addressed to the Agents and the Banks and dated the Initial Borrowing Date, setting forth the conclusion that, after giving effect to the Transaction, including the incurrence of all indebtedness contemplated herein, each of the Parent, the Parent and its Subsidiaries taken as a whole, the Borrower and the Borrower and its Subsidiaries taken as a whole, is not insolvent and will not be rendered insolvent by the indebtedness incurred in connection therewith, and will not be left with unreasonably small capital with which to engage in their business and will not have incurred debts beyond their ability to pay such debts as they mature, (ii) environmental and Hazardous Material disclosure schedules as set forth in Schedule 5.15 with respect to the Parent and its Subsidiaries, which shall be in form and substance reasonably satisfactory to the Agents and the Required Banks, and such other information with respect to environmental matters as may have been reasonably requested by the Agents, in form and substance satisfactory to the Agents and (iii) a summary of all insurance policies in form and substance reasonably satisfactory to the Agents and evidence of insurance complying with the requirements of Section 8.03 for the business and properties of the Parent and its Subsidiaries, in scope, form and substance reasonably satisfactory to the Agents and the Required Banks and naming the Collateral Agent as an additional insured and/or loss payee, and stating that such insurance shall not be cancelled or revised without 30 days prior written notice by the insurer to the Collateral Agent.
Solvency Certificate; Environmental Analyses; Insurance. On or prior to the Initial Borrowing Date, the Borrower shall cause to be delivered to the Agent:
Solvency Certificate; Environmental Analyses; Insurance. . . . 45 5.16 Pro Forma Balance Sheet; Financial Statements; Projections. . . 45 5.17
Solvency Certificate; Environmental Analyses; Insurance. . . . 42 5.16 Pro Forma Balance Sheet; Projections . . . . . . . . . . . . . 42 5.17 Acknowledgment, Consent and Amendment . . . . . . . . . . . . . 43
Solvency Certificate; Environmental Analyses; Insurance. On or before the Second Restatement Effective Date, the Borrower shall have delivered or shall cause to be delivered to the Banks (i) a solvency certificate in form and substance satisfactory to the Agents from the Chief Financial Officer of Holdings and the Borrower, setting forth the conclusion that, after giving effect to the Transaction, each of Holdings and its Subsidiaries taken as a whole, and the Borrower and its Subsidiaries, taken as a whole, is not insolvent and will not be rendered insolvent by the indebtedness incurred in connection therewith, and will not be left with unreasonably small capital with which to engage in their business and will not have incurred debts beyond their ability to pay debts as they mature, (ii) the Phase I environmental assessments from Dames & Moorx, xxth respect to certain of the Real Property acquired pursuant to the Transaction and (iii) evidence of insurance complying with the requirements of Section 8.03 for the business and properties of Holdings and its Subsidiaries, in scope, form and substance reasonably satisfactory to the Managing Agent and the Required Banks and naming the Collateral Agent as an additional insured and/or loss payee, and stating that such insurance shall not be cancelled or revised without 30 days' prior written notice by the insurer to the Collateral Agent.
