Solvency; No Litigation, Violation, Indebtedness or Default. (a) Each Borrower is, and after giving effect to the Transactions, will be solvent, able to pay its debts as they mature, and has, and after giving effect to the Transactions, 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.
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Samples: Security Agreement (Englobal Corp), Security Agreement (Flotek Industries Inc/Cn/)
Solvency; No Litigation, Violation, Indebtedness or Default. (a) Each Borrower is, and after After giving effect to the transactions contemplated under this Agreement (collectively, the βTransactionsβ), each Borrower Party will be solvent, able to pay its debts as they mature, and has, and after giving effect to the Transactions, 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.
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Samples: Revolving Credit and Security Agreement (Horsehead Holding Corp), Revolving Credit and Security Agreement (Horsehead Holding Corp)
Solvency; No Litigation, Violation, Indebtedness or Default. (a) Each Borrower is, and after giving effect to the Transactions, each Borrower will be solvent, able to pay its debts as they mature, and has, and after giving effect to the Transactions, 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.
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Solvency; No Litigation, Violation, Indebtedness or Default. (a) Each Borrower is, and after After giving effect to the transactions contemplated under this Agreement (collectively, the "Transactions"), each Borrower Party will be solvent, able to pay its debts as they mature, and has, and after giving effect to the Transactions, 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.
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Solvency; No Litigation, Violation, Indebtedness or Default. (a) Each Borrower is, Before and after giving effect to the TransactionsTransactions and the funding of each Advance made pursuant to this Agreement, each Borrower is and will be solvent, able to pay its debts as they mature, has and has, and after giving effect to the Transactions, 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.
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Samples: Security Agreement (Geokinetics Inc)
Solvency; No Litigation, Violation, Indebtedness or Default. (a) Each Borrower is, Before and after giving effect to the TransactionsTransactions and the Funding of each Advance made pursuant to this Agreement, each Borrower is and will be solvent, able to pay its debts as they mature, has and has, and after giving effect to the Transactions, 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.
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Samples: Security Agreement (Kitty Hawk Inc)
Solvency; No Litigation, Violation, Indebtedness or Default. (a) Each Borrower is, and after giving effect to the Transactions, will be solvent, able to pay its debts as they mature, and has, and after giving effect to the Transactions, 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.
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