Solvency; No Litigation, Violation, Indebtedness or Default. (a) Borrower and each of its Subsidiaries, individually and taken as a whole, 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 3 contracts
Samples: Credit and Security Agreement (Pc Connection Inc), Credit and Security Agreement (Pc Connection Inc), Credit and Security Agreement (Pc Connection Inc)
Solvency; No Litigation, Violation, Indebtedness or Default. (a) After giving effect to the Transactions, each Borrower and each of its Subsidiaries, individually and taken as a whole, is will be solvent, able to pay its debts as they mature, has will 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 3 contracts
Samples: Revolving Credit and Security Agreement (Zanett Inc), Security Agreement (Hybrook Resources Corp.), Security Agreement (Presstek Inc /De/)
Solvency; No Litigation, Violation, Indebtedness or Default. (a) After giving effect to the Transactions, Borrower and each of its Subsidiaries, individually and taken as a whole, is shall be solvent, able to pay its debts as they mature, has shall 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 shall be in excess of the amount of its liabilities.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Crystal River Capital, Inc.), Revolving Credit Agreement (Crystal River Capital, Inc.), Revolving Credit Agreement (Crystal River Capital, Inc.)
Solvency; No Litigation, Violation, Indebtedness or Default. (a) After giving effect to the Transactions, Borrower and each of its Subsidiaries, individually and taken as a whole, is will be solvent, able to pay its debts as they mature, has will 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 2 contracts
Samples: Revolving Credit and Security Agreement (Johnson Outdoors Inc), Security Agreement (P&f Industries Inc)
Solvency; No Litigation, Violation, Indebtedness or Default. (a) Borrower and each of its SubsidiariesAfter giving effect to the Transactions, individually and taken as a whole, is Borrowers will be 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 2 contracts
Samples: Security Agreement (Terrace Holdings Inc), Air Methods Corp
Solvency; No Litigation, Violation, Indebtedness or Default. (a) After giving effect to the Transactions, each Borrower and each of its Subsidiaries, individually and taken as a whole, is will be solvent, able to pay its respective debts as they mature, has have capital sufficient to carry on its respective 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 2 contracts
Samples: Revolving Credit and Security Agreement (Styrochem International LTD), Credit and Security Agreement (Styrochem International Inc)
Solvency; No Litigation, Violation, Indebtedness or Default. (a) Borrower and each of its SubsidiariesAfter giving effect to the transactions contemplated hereby, individually and taken as a whole, is solvent, Borrowers will be able to pay its their debts as they mature, has will 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: Revolving Credit and Security Agreement (Comforce Corp), Security Agreement (Comforce Corp)
Solvency; No Litigation, Violation, Indebtedness or Default. (a) After giving effect to the Transactions, each Borrower and each of its Subsidiaries, individually and taken as a whole, 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: Security Agreement (Emtec Inc/Nj)