Common use of Solvency; No Litigation, Violation, Indebtedness or Default Clause in Contracts

Solvency; No Litigation, Violation, Indebtedness or Default. (a) Borrower is solvent, able to pay its debts as they mature, has capital sufficient to carry on its business and all businesses in which it is about to engage, and (i) as of the Closing Date, the fair present saleable value of its assets, calculated on a going concern basis, is in excess of the amount of its liabilities and (ii) subsequent to the Closing Date, the fair saleable value of its assets (calculated on a going concern basis) will be in excess of the amount of its liabilities.

Appears in 14 contracts

Samples: Security Agreement (Hudson Technologies Inc /Ny), Security Agreement (Research Pharmaceutical Services, Inc.), Security Agreement (Research Pharmaceutical Services, Inc.)

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Solvency; No Litigation, Violation, Indebtedness or Default. (a) Each Borrower is solvent, able to pay its debts as they mature, has capital sufficient to carry on its business and all businesses in which it is about to engage, and (i) as of the Closing Date, the fair present saleable value of its assets, calculated on a going concern basis, is in excess of the amount of its liabilities and (ii) subsequent to the Closing Date, the fair saleable value of its assets (calculated on a going concern basis) will be in excess of the amount of its liabilities.

Appears in 9 contracts

Samples: Security Agreement (Dreams Inc), Security Agreement (Intcomex, Inc.), Revolving Credit and Security Agreement (Image Entertainment Inc)

Solvency; No Litigation, Violation, Indebtedness or Default. (a) After giving effect to the Transactions, Borrower is will be solvent, able to pay its debts as they mature, has have capital sufficient to carry on its business and all businesses in which it is about to engage, and (i) as of the Closing Date, the fair present saleable value of its assets, calculated on a going concern basis, is in excess of the amount of its liabilities and (ii) subsequent to the Closing Date, the fair saleable value of its assets (calculated on a going concern basis) will be in excess of the amount of its liabilities.

Appears in 4 contracts

Samples: Security Agreement (Meridian Sports Inc), Loan Agreement (McMS Inc /De/), Security Agreement (Danskin Inc)

Solvency; No Litigation, Violation, Indebtedness or Default. (a) Borrower is Borrowers are solvent, able to pay its their debts as they maturemature and as extended in the ordinary course, has have capital sufficient to carry on its their business and all businesses in which it is they are about to engage, and (i) as of the Closing Date, the fair present saleable value of its their assets, calculated on a going concern basis, is in excess of the amount of its their liabilities and (ii) subsequent to the Closing Date, the fair saleable value of its their assets (calculated on a going concern basis) will be in excess of the amount of its their liabilities.

Appears in 2 contracts

Samples: Credit and Security Agreement (Akrion, Inc.), Credit and Security Agreement (Akrion, Inc.)

Solvency; No Litigation, Violation, Indebtedness or Default. (a) Borrower is solvent, able to pay its debts as they mature, has capital sufficient to carry on its business and all businesses in which it is about to engage, and (i) as of the Closing Effective Date, the fair present saleable value of its assets, calculated on a going concern basis, is in excess of the amount of its liabilities and (ii) subsequent to the Closing Effective Date, the fair saleable value of its assets (calculated on a going concern basis) will be in excess of the amount of its liabilities.

Appears in 1 contract

Samples: Security Agreement (Allstate Financial Corp /Va/)

Solvency; No Litigation, Violation, Indebtedness or Default. (a) After giving effect to the Transactions, Borrower is will be solvent, able to pay its debts as they mature, has have capital sufficient to carry on its business and all businesses in which it is about to engage, and (i) as of the Closing Effective Date, the fair present saleable value of its assets, calculated on a going concern basis, is in excess of the amount of its liabilities and (ii) subsequent to the Closing Effective Date, the fair saleable value of its assets (calculated on a going concern basis) will be in excess of the amount of its liabilities.

Appears in 1 contract

Samples: Security Agreement (Fonda Group Inc)

Solvency; No Litigation, Violation, Indebtedness or Default. (a) Each of Borrower and Guarantor is solvent, able to pay its debts as they mature, has capital sufficient to carry on its business and all businesses in which it is about to engage, and (i) as of the Closing Date, the fair present saleable value of its assets, assets (calculated on a going concern basis, ) is in excess of the amount of its liabilities and (ii) subsequent to the Closing Date, the fair saleable value of its assets (calculated on a going concern basis) will be in excess of the amount of its liabilities.

Appears in 1 contract

Samples: Credit and Security Agreement (Cold Metal Products Inc)

Solvency; No Litigation, Violation, Indebtedness or Default. (a) Borrower is After giving effect to the Transactions, Borrowers are solvent, able to pay its their debts as they mature, has have capital sufficient to carry on its their business and all businesses in which it is they are about to engage, and (i) as of the Closing Date, the fair present saleable value of its their assets, calculated on a going concern basis, is in excess of the amount of its their liabilities and (ii) subsequent to the Closing Date, the fair saleable value of its their assets (calculated on a going concern basis) will be in excess of the amount of its their liabilities.

Appears in 1 contract

Samples: Security Agreement (Parlux Fragrances Inc)

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Solvency; No Litigation, Violation, Indebtedness or Default. (a) Borrower is Obligors are solvent, able to pay its their debts as they mature, has have capital sufficient to carry on its their business and all businesses in which it is they are about to engage, and (i) as of the Closing Date, the fair present saleable value of its their assets, calculated on a going concern basis, is in excess of the amount of its their liabilities and (ii) subsequent to the Closing Date, the fair saleable value of its their assets (calculated on a going concern basis) will be in excess of the amount of its their liabilities.

Appears in 1 contract

Samples: Loan and Security Agreement (Philipp Brothers Chemicals Inc)

Solvency; No Litigation, Violation, Indebtedness or Default. (a) Borrower is Borrowers are solvent, able to pay its their debts as they mature, has have capital sufficient to carry on its their business and all businesses in which it is they are about to engage, and (i) as of the Closing Date, the fair present saleable value of its assets, calculated on a going concern basis, is in excess of the amount of its liabilities and (ii) subsequent to the Closing Date, the fair saleable value of its their assets (calculated on a going concern basis) will be in excess of the amount of its their liabilities.

Appears in 1 contract

Samples: Security Agreement (Franklin Electronic Publishers Inc)

Solvency; No Litigation, Violation, Indebtedness or Default. (a) Borrower is Borrowers are solvent, able to pay its their debts as they mature, has have capital sufficient to carry on its their business and all businesses in which it is they are about to engage, and (i) as of the Closing Date, the fair present saleable value of its their assets, calculated on a going concern basis, is in excess of the amount of its their liabilities and (ii) subsequent to the Closing Date, the fair saleable value of its their assets (calculated on a going concern basis) will be in excess of the amount of its their liabilities.

Appears in 1 contract

Samples: Security Agreement (Intelligroup Inc)

Solvency; No Litigation, Violation, Indebtedness or Default. (a) a. Each Borrower is solvent, able to pay its debts as they mature, has capital sufficient to carry on its business and all businesses in which it is about to engage, and (i) as of the Closing Date, the fair present saleable value of its assets, calculated on a going concern basis, is in excess of the amount of its liabilities and (ii) subsequent to the Closing Date, the fair saleable value of its assets (calculated on a going concern basis) will be in excess of the amount of its liabilities.

Appears in 1 contract

Samples: Credit and Security Agreement (Compudyne Corp)

Solvency; No Litigation, Violation, Indebtedness or Default. (a) The Borrower is solvent, able to pay its debts as they mature, has capital sufficient to carry on its business and all businesses in which it is about to engage, and (i) as of the Closing Date, the fair present saleable value of its assets, calculated on a going concern basis, assets is in excess of the amount of its liabilities (including all Indebtedness), and (ii) subsequent to the Closing Date, the fair saleable value of its assets (calculated on a going concern basis) will be in excess of the amount of its liabilitiesliabilities (including its Indebtedness and the Obligations).

Appears in 1 contract

Samples: Credit Agreement (Cold Metal Products Inc)

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