Common use of Solvency; Fraudulent Conveyance Clause in Contracts

Solvency; Fraudulent Conveyance. The Issuer is solvent and will not be rendered insolvent by the Transaction and, after giving effect to the Transaction, the Issuer will not be left with an unreasonably small amount of capital with which to engage in its business, and the Issuer does not intend to incur, or believe that it has incurred, debts beyond its ability to pay as they mature. The Issuer does not contemplate the commencement of insolvency, liquidation or consolidation proceedings or the appointment of a receiver, liquidator, conservator, trustee or similar official in respect of the Issuer or any of their assets. The Issuer is not pledging the Asset Pool under the Indenture with any intent to hinder, delay or defraud any of the Issuer's creditors.

Appears in 6 contracts

Samples: Insurance and Indemnity Agreement (Ikon Receivables LLC), Insurance and Indemnity Agreement (Ikon Receivables LLC), Insurance and Indemnity Agreement (Ikon Receivables LLC)

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Solvency; Fraudulent Conveyance. The Issuer is solvent and will not be rendered insolvent by the Transaction and, after giving effect to the Transaction, the Issuer will not be left with an unreasonably small amount of capital with which to engage in its business, and the Issuer does not intend to incur, or believe nor believes that it has incurred, debts beyond its ability to pay as they mature. The Issuer does not contemplate the commencement of insolvency, liquidation or consolidation proceedings or the appointment of a receiver, liquidator, conservator, trustee or similar official in with respect of the Issuer to it or any of their its assets. The Issuer is not pledging the Asset Pool Trust Estate under the Indenture with any intent to hinder, delay or defraud any of the Issuer's its creditors.

Appears in 3 contracts

Samples: Insurance and Indemnity Agreement (Alliance Laundry Systems LLC), Insurance and Indemnity Agreement (Alliance Laundry Holdings LLC), Insurance and Indemnity Agreement (Alliance Laundry Corp)

Solvency; Fraudulent Conveyance. The Issuer is solvent and will not be rendered insolvent by the Transaction and, after giving effect to the Transaction, the Issuer will not be left with an unreasonably small amount of capital with which to engage in its business, and the Issuer does not intend to incur, or believe that it has incurred, debts beyond its ability to pay as they mature. The Issuer does not contemplate the commencement of insolvency, liquidation or consolidation proceedings or the appointment of a receiver, liquidator, conservator, trustee or similar official in respect of the Issuer or any of their assets. The Issuer is not pledging the Asset Pool under Mortgage Loans to the Indenture Trustee or selling the Notes, as provided in the Transaction Documents, with any intent to hinder, delay or defraud any of the Issuer's ’s creditors.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (Indymac Abs Inc)

Solvency; Fraudulent Conveyance. The Issuer is solvent and will not be rendered insolvent by the Transaction and, after giving effect to the Transaction, the Issuer will not be left with an unreasonably small amount of capital with which to engage in its business, and the Issuer does not intend to incur, or believe nor believes that it has incurred, debts beyond its ability to pay as they mature. The Issuer does not contemplate the commencement of insolvency, liquidation or consolidation proceedings or the appointment of a receiver, liquidator, conservator, trustee or similar official in respect of the Issuer or any of their its assets. The Issuer is not pledging the Asset Pool under the Indenture with any intent to hinder, delay or defraud any of the Issuer's creditors.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (Ikon Receivables Funding LLC)

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Solvency; Fraudulent Conveyance. The Issuer is solvent and will not be rendered insolvent by the Transaction Transactions and, after giving effect to the TransactionTransactions, the Issuer will not be left with an unreasonably small amount of capital with which to engage in its business, and the Issuer does not intend to incur, or believe nor believes that it has incurred, debts beyond its ability to pay as they mature. The Issuer does not contemplate the commencement of insolvency, liquidation or consolidation proceedings or the appointment of a receiver, liquidator, conservator, trustee or similar official in with respect of the Issuer to it or any of their its assets. The Issuer is not pledging the Asset Pool Collateral under the Indenture with any intent to hinder, delay or defraud any of the Issuer's its creditors.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (Universal Compression Inc)

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