Common use of Solvency Matters Clause in Contracts

Solvency Matters. (a) After giving effect to the transactions contemplated by this Agreement and the Purchase Agreement, including the contingent obligations evidenced hereby, the Guarantor is not, on either an unconsolidated basis or a consolidated basis, insolvent as such term is defined in the Bankruptcy Code, and the Guarantor has and will have assets which, fairly valued, exceed its indebtedness, liabilities or obligations. (b) The Guarantor is not executing this Agreement with any intent to hinder, delay or defraud any of its present or future creditor or creditors. (c) The Guarantor is not engaged in any business or transaction which, after giving effect to the transaction contemplated by this Agreement, will leave it with capital or assets which are unreasonably small in relation to the business or transactions engaged in by it, and the Guarantor does not intend to engage in any such business or transaction. (d) The Guarantor does not intend to incur, nor does the Guarantor believe that it will incur, debts beyond the Guarantor’s ability to repay such debts as they mature.

Solvency Matters. Exhibit 10.2 (a) After giving effect to the transactions contemplated by this Agreement and the Purchase Agreement, including the contingent obligations evidenced hereby, the Guarantor is not, on either an unconsolidated basis or a consolidated basis, insolvent as such term is defined in the Bankruptcy Code, and the Guarantor has and will have assets which, fairly valued, exceed its indebtedness, liabilities or obligations. (b) The Guarantor is not executing this Agreement with any intent to hinder, delay or defraud any of its present or future creditor or creditors. (c) The Guarantor is not engaged in any business or transaction which, after giving effect to the transaction contemplated by this Agreement, will leave it with capital or assets which are unreasonably small in relation to the business or transactions engaged in by it, and the Guarantor does not intend to engage in any such business or transaction. (d) The Guarantor does not intend to incur, nor does the Guarantor believe that it will incur, debts beyond the Guarantor’s ability to repay such debts as they mature.