Common use of Solvency; Fraudulent Conveyance Clause in Contracts

Solvency; Fraudulent Conveyance. The Trust is solvent and will not be rendered insolvent by the Transaction or by the performance of its obligations under the Transaction Documents and, after giving effect to such Transaction, the Trust will not be left with an unreasonably small amount of capital with which to engage in its business. The Trust does not intend to incur, or believes that it has incurred, debts beyond its ability to pay such debts as they mature. The Trust does not contemplate the commencement of insolvency, bankruptcy, liquidation or consolidation proceedings or the appointment of a receiver, liquidator, conservator, trustee or similar official in respect of the Trust or any of its assets.

Appears in 10 contracts

Samples: Insurance and Indemnity Agreement (Arcadia Financial LTD), Insurance and Indemnity Agreement (Arcadia Financial LTD), Insurance and Indemnity Agreement (Arcadia Financial LTD)

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Solvency; Fraudulent Conveyance. The Trust is solvent and will not be rendered insolvent by the Transaction or by the performance of its obligations under the Transaction Documents and, after giving effect to such Transaction, the Trust will not be left with an unreasonably small amount of capital with which to engage in its business. The Trust does not intend to incur, or believes believe that it has incurred, debts beyond its ability to pay such debts as they mature. The Trust does not contemplate the commencement of insolvency, bankruptcy, liquidation or consolidation proceedings or the appointment of a receiver, liquidator, conservator, trustee or similar official in respect of the Trust or any of its assets.

Appears in 4 contracts

Samples: Insurance and Indemnity Agreement (Olympic Financial LTD), Insurance and Indemnity Agreement (Arcadia Financial LTD), Insurance and Indemnity Agreement (Olympic Financial LTD)

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