Solvency; No Litigation, Violation, Indebtedness or Default. (a) After giving effect to the transactions contemplated by this Agreement, the Loan Parties will be solvent, able to pay their debts as they mature, have capital sufficient to carry on their business and all businesses in which they are about to engage, and (i) as of the Closing Date, the fair present saleable value of their assets, calculated on a going concern basis, is in excess of the amount of their liabilities and (ii) subsequent to the Closing Date, the fair saleable value of their assets (calculated on a going concern basis) will be in excess of the amount of their liabilities.
Appears in 4 contracts
Samples: Security Agreement (Lesco Inc/Oh), Revolving Credit (Radnor Holdings Corp), Security Agreement (Imco Recycling Inc)
Solvency; No Litigation, Violation, Indebtedness or Default. (a) After Borrowers are and, after giving effect to the transactions contemplated by this AgreementTransactions, the Loan Parties Borrowers will be solvent, able to pay their debts as they mature, have capital sufficient to carry on their business and all businesses in which they are about to engage, and (i) as of the Closing Date, the fair present saleable value of their assets, calculated on a going concern basis, is in excess of the amount of their liabilities and (ii) subsequent to the Closing Date, the fair saleable value of their assets (calculated on a going concern basis) will be in excess of the amount of their liabilities.
Appears in 2 contracts
Samples: Revolving Credit (Allied Motion Technologies Inc), Term Loan and Security Agreement (Allied Motion Technologies Inc)
Solvency; No Litigation, Violation, Indebtedness or Default. (a) After Both immediately prior to and after giving effect to the transactions contemplated by this AgreementTransactions, the each Loan Parties will be Party is solvent, able to pay their its debts as they mature, have has capital sufficient to carry on their its business and all businesses in which they are it is about to engage, and (i) as of the Closing Date, the fair present saleable value of their its assets, calculated on a going concern basis, is in excess of the amount of their its liabilities and (ii) subsequent to the Closing Date, the fair saleable value of their its assets (calculated on a going concern basis) will be in excess of the amount of their its liabilities.
Appears in 2 contracts
Samples: Loan and Security Agreement (Vision-Ease Lens, Inc.), Loan and Security Agreement (Vision-Ease Lens CORP)
Solvency; No Litigation, Violation, Indebtedness or Default. (a) After giving effect to the transactions contemplated by this AgreementTransactions, the Loan Parties each Borrower and Guarantor will be solvent, able to pay their its debts as they mature, have capital sufficient to carry on their its business and all businesses in which they are it is about to engage, and (i) as of the Closing Date, the fair present saleable value of their its assets, calculated on a going concern basis, is in excess of the amount of their its liabilities and (ii) subsequent to the Closing Date, the fair saleable value of their its assets (calculated on a going concern basis) will be in excess of the amount of their its liabilities.
Appears in 2 contracts
Samples: Security Agreement (Richton International Corp), Security Agreement (Richton International Corp)
Solvency; No Litigation, Violation, Indebtedness or Default. (a) After Borrowers are, and after giving effect to the transactions contemplated by this AgreementTransactions, the Loan Parties Borrowers will be be, solvent, able to pay their debts as they mature, have capital sufficient to carry on their business and all businesses in which they are about to engage, and (i) as of the Closing Date, the fair present saleable value of their assets, calculated on a going concern basis, is in excess of the amount of their liabilities and (ii) subsequent to the Closing Date, the fair saleable value of their assets (calculated on a going concern basis) will be in excess of the amount of their liabilities.
Appears in 2 contracts
Samples: Security Agreement (PVC Container Corp), Security Agreement (PVC Container Corp)
Solvency; No Litigation, Violation, Indebtedness or Default. (a) After giving effect to the transactions contemplated by this AgreementTransactions, the each Loan Parties will be Party and each of its respective Subsidiaries is solvent, able to pay their its debts as they mature, have has capital sufficient to carry on their its business and all businesses in which they are it is about to engage, and (i) as of the Closing Date, the fair present saleable value of their its assets, calculated on a going concern basis, is in excess of the amount of their its liabilities and (ii) subsequent to the Closing Date, the fair saleable value of their its assets (calculated on a going concern basis) will be in excess of the amount of their its liabilities.
Appears in 1 contract
Samples: Security Agreement (HLM Design Inc)
Solvency; No Litigation, Violation, Indebtedness or Default. (a) After giving effect to Revolving Advances on the transactions contemplated by this AgreementClosing Date, the Loan Parties will be each Borrower is solvent, able to pay their its debts as they mature, have has capital sufficient to carry on their its business and all businesses in which they are it is about to engage, and (i) as of the Closing Date, the fair present saleable value of their its assets, calculated on a going concern basis, is in excess of the amount of their its liabilities and (ii) subsequent to the Closing Date, the fair saleable value of their its assets (calculated on a going concern basis) will be in excess of the amount of their its liabilities.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Tecumseh Products Co)
Solvency; No Litigation, Violation, Indebtedness or Default. (a) After giving effect to the transactions contemplated by under this AgreementAgreement (the "Transactions"), the Loan Parties will be Borrower is solvent, able to pay their its debts as they mature, have has capital sufficient to carry on their its business and all businesses in which they are it is about to engage, and (i) as of the Closing Date, the fair present saleable value of their its assets, calculated on a going concern basis, is in excess of the amount of their its liabilities and (ii) subsequent to the Closing Date, the fair saleable value of their its assets (calculated on a going concern basis) will be in excess of the amount of their its liabilities.
Appears in 1 contract
Samples: Revolving Credit And (Swank Inc)
Solvency; No Litigation, Violation, Indebtedness or Default. (a) After Each Borrower is, and after giving effect to the transactions contemplated by this AgreementTransactions, the Loan Parties will be solvent, able to pay their its debts as they mature, will have capital sufficient to carry on their its business and all businesses in which they are it is about to engage, and (i) as of the Closing Date, the fair present saleable value of their its assets, calculated on a going concern basis, is in excess of the amount of their its liabilities and (ii) subsequent to the Closing Date, the fair saleable value of their its assets (calculated on a going concern basis) will be in excess of the amount of their its liabilities.
Appears in 1 contract
Solvency; No Litigation, Violation, Indebtedness or Default. (a) After giving effect to the transactions contemplated by this AgreementExcept as set forth on Schedule 5.8(a), the Loan Parties will be each Borrower is solvent, able to pay their its debts as they mature, have has capital sufficient to carry on their its business and all businesses in which they are it is about to engage, and (i) as of the Closing Date, the fair present saleable value of their its assets, calculated on a going concern basis, is in excess of the amount of their its liabilities and (ii) subsequent to the Closing Date, the fair saleable value of their its assets (calculated on a going concern basis) will be in excess of the amount of their its liabilities.
Appears in 1 contract