Common use of Solvency Clause in Contracts

Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 371 contracts

Samples: Amended and Restated Loan and Security Agreement (Telecommunication Systems Inc /Fa/), Loan and Security Agreement (Trubion Pharmaceuticals, Inc), Loan and Security Agreement (U.S. Auto Parts Network, Inc.)

Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 201 contracts

Samples: Loan and Security Agreement (Livongo Health, Inc.), Contingent Convertible Debt Agreement (BigCommerce Holdings, Inc.), Loan and Security Agreement (Outset Medical, Inc.)

Solvency. The fair salable value of Borrower ’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 97 contracts

Samples: Dpac Technologies Corp, Loan and Security Agreement (Isis Pharmaceuticals Inc), Loan and Security Agreement (Jamdat Mobile Inc)

Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 43 contracts

Samples: Loan and Security Agreement (California Micro Devices Corp), Loan and Security Agreement (Omniture, Inc.), Amended and Restated Loan and Security Agreement (Quicklogic Corporation)

Solvency. The fair salable value of Borrower ’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 28 contracts

Samples: Loan and Security Agreement (Click2learn Com Inc), Loan and Security Agreement (Ikanos Communications), Loan and Security Agreement (Ikanos Communications)

Solvency. The fair salable saleable value of Borrower ’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in contemplated by this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 21 contracts

Samples: Loan and Security Agreement (Endocare Inc), Loan and Security Agreement (Pharmaprint Inc), Loan and Security Agreement (Vista Information Solutions Inc)

Solvency. The fair salable value of Borrower ’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities ; Borrower is not left with unreasonably small capital after the transactions in this Agreement ; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 10 contracts

Samples: Term Loan and Security Agreement (A123 Systems, Inc.), Term Loan and Security Agreement (A123 Systems, Inc.), Term Loan and Security Agreement (A123 Systems Inc)

Solvency. The fair salable value of Borrower ’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in this Agreement Agreement or any of the Loan Documents; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 7 contracts

Samples: Loan and Security Agreement (Witness Systems Inc), Amended and Restated Loan and Security Agreement (Callidus Software Inc), Loan and Security Agreement (Atherogenics Inc)

Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 6 contracts

Samples: Term Loan and Security Agreement (A123 Systems, Inc.), Loan and Security Agreement (Alimera Sciences Inc), Loan and Security Agreement (Alimera Sciences Inc)

Solvency. The fair salable value of each Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; no Borrower is not left with unreasonably small capital after the transactions in this Agreement; and each Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 6 contracts

Samples: Loan and Security Agreement (EnergyConnect Group Inc), Loan and Security Agreement (Healthaxis Inc), Loan and Security Agreement (Ev3 Inc.)

Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in this Agreement Agreement or any of the Loan Documents; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 5 contracts

Samples: Loan and Security Agreement (PortalPlayer, Inc.), Loan and Security Agreement (Roxio Inc), Loan and Security Agreement (Sirf Technology Holdings Inc)

Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts generally (including trade debts) as they mature.

Appears in 5 contracts

Samples: Amended and Restated Loan and Security Agreement (Sentinel Labs, Inc.), Amended and Restated Loan and Security Agreement (iRhythm Technologies, Inc.), Loan and Security Agreement (A10 Networks, Inc.)

Solvency. The fair salable value of Borrower Debtor’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower the Debtor is not left with unreasonably small capital after the transactions in this Agreement; Agreement or any Collateral Schedule and Borrower Debtor is able to pay its debts (including trade debts) as they mature.

Appears in 5 contracts

Samples: Master Security Agreement (Alnylam Pharmaceuticals, Inc.), Master Security Agreement (Ironwood Pharmaceuticals Inc), Master Security Agreement (Pharmacopeia Drug Discovery Inc)

Solvency. The fair salable value of Borrower ’s 's assets (including -------- goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 4 contracts

Samples: Intellectual Property Security Agreement (Lantronix Inc), Intellectual Property Security Agreement (Lantronix Inc), Agreement (Bio Imaging Technologies Inc)

Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities liabilities (excluding Borrower’s Subordinated Debt); Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 4 contracts

Samples: Loan and Security Agreement (Nupathe Inc.), Loan and Security Agreement (Nupathe Inc.), Loan and Security Agreement (Nupathe Inc.)

Solvency. The fair salable value of Borrower Debtor’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower the Debtor is not left with unreasonably small capital after the transactions in this Agreement; Agreement or any Notes and Borrower Debtor is able to pay its debts (including trade debts) as they mature.

Appears in 4 contracts

Samples: Master Security Agreement (Vical Inc), Master Security Agreement (Reply! Inc), Master Security Agreement (Omeros Corp)

Solvency. The fair salable saleable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in contemplated by this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 4 contracts

Samples: Loan and Security Agreement (Versata Inc), Loan and Security Agreement (Anda Networks Inc), Loan and Security Agreement (Odetics Inc)

Solvency. The Immediately prior to and after giving effect to the initial Credit Extensions and the Acquisition, the fair salable value of each Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; each Borrower is not left with unreasonably small capital after the transactions in this Agreement capital; and each Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 3 contracts

Samples: Loan and Security Agreement (Ultra Clean Holdings Inc), Loan and Security Agreement (Ultra Clean Holdings Inc), Loan and Security Agreement (Ultra Clean Holdings Inc)

Solvency. The fair salable value of Borrower ’s 's consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower's liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 3 contracts

Samples: Loan and Security Agreement (Transgenomic Inc), Loan and Security Agreement (Intermolecular Inc), Loan and Security Agreement (Envision Solar International, Inc.)

Solvency. The fair salable value of Borrower’s Borrowers’ assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is the Borrowers are not left with unreasonably small capital after the transactions in this Agreement Agreement or any of the Loan Documents; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 3 contracts

Samples: Loan and Security Agreement (Visual Networks Inc), Loan and Security Agreement (Visual Networks Inc), Loan and Security Agreement (Visual Networks Inc)

Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in contemplated by this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 3 contracts

Samples: Loan and Security Agreement (Complete Genomics Inc), Loan and Security Agreement (GigOptix, Inc.), Loan and Security Agreement (GigOptix, Inc.)

Solvency. The fair salable value of each Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; neither Borrower is not left with unreasonably small capital after the transactions in this Agreement; and each Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 3 contracts

Samples: Loan and Security Agreement (Relm Wireless Corp), Amended and Restated Loan and Security Agreement (BK Technologies Corp), Loan and Security Agreement (BigBand Networks, Inc.)

Solvency. The fair salable saleable value of Borrower ’s 's assets -------- (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in contemplated by this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 3 contracts

Samples: Loan and Security Agreement (Interwoven Inc), Loan and Security Agreement (Manhattan Associates Inc), Onsale Inc

Solvency. The Based on the financial condition of Borrower as of the Closing Date, the fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 2 contracts

Samples: Loan and Security Agreement (Poniard Pharmaceuticals, Inc.), Loan and Security Agreement (Poniard Pharmaceuticals, Inc.)

Solvency. The fair salable value of Borrower ’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities ; . Borrower is not left with unreasonably small capital after the transactions contemplated in this Agreement ; , and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 2 contracts

Samples: Loan and Security Agreement (Invision Technologies Inc), Loan and Security Agreement (Critical Path Inc)

Solvency. The fair salable value of Borrower ’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature . . PAGE 4 - LOAN AND SECURITY AGREEMENT

Appears in 2 contracts

Samples: Loan and Security Agreement (Corillian Corp), Loan and Security Agreement (Corillian Corp)

Solvency. The fair salable value of Borrower ’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital the Borrower's remaining assets after the transactions contemplated herein are not unreasonably small in this Agreement relation to its business; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 2 contracts

Samples: Loan and Security Agreement (Harmonic Inc), Loan and Security Agreement (Harmonic Inc)

Solvency. The fair salable value of Borrower ’s 's consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower's liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts generally (including trade debts) as they mature.

Appears in 2 contracts

Samples: Amended and Restated Loan and Security Agreement (Quantenna Communications Inc), Amended and Restated Loan and Security Agreement (Quantenna Communications Inc)

Solvency. The fair salable value of Borrower’s Borrowers' assets (including goodwill minus disposition costs) exceeds the fair value of its their liabilities; no Borrower is not left with unreasonably small capital after the transactions in this Agreement Agreement or any of the Loan Documents; and each Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 2 contracts

Samples: Loan Agreement (Manugistics Group Inc), Loan and Security Agreement (Manugistics Group Inc)

Solvency. The fair salable value of Borrower’s Borrowers’ assets (including goodwill minus disposition costs) exceeds the fair value of its their liabilities; no Borrower is not left with unreasonably small capital after the transactions in this Agreement Agreement or any of the Loan Documents; and each Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 2 contracts

Samples: Loan and Security Agreement (Manugistics Group Inc), Loan and Security Agreement (Manugistics Group Inc)

Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; liabilities and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 2 contracts

Samples: Loan and Security Agreement (Apex Bioventures Acquisition Corp), Loan and Security Agreement (Silicon Storage Technology Inc)

Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities ; . Borrower is not left with unreasonably small capital after the transactions contemplated in this Agreement ; , and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 2 contracts

Samples: Loan and Security Agreement (Intraware Inc), Loan and Security Agreement (Broadvision Inc)

Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature mature and CA UK is not unable to pay its debts (including trade debts) within the meaning of the UK Insolvency Act 1986 and has not stopped paying its debts as they fall due.

Appears in 2 contracts

Samples: Loan and Security Agreement (Channeladvisor Corp), Loan and Security Agreement (Channeladvisor Corp)

Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature . The fair salable value of Guarantor’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Guarantor is not left with unreasonably small capital after the transactions in this Agreement; and Guarantor is able to pay its debts (including trade debts) as they mature.

Appears in 2 contracts

Samples: Loan and Security Agreement (Medicinova Inc), Loan and Security Agreement (Zalicus Inc.)

Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left left, with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 2 contracts

Samples: Loan and Security Agreement (Splunk Inc), Loan and Security Agreement (Splunk Inc)

Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in this Agreement; Agreement or any Loan Schedule and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 2 contracts

Samples: Master Loan and Security Agreement (CytomX Therapeutics, Inc.), Master Loan and Security Agreement (CytomX Therapeutics, Inc.)

Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s consolidated liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 2 contracts

Samples: Loan and Security Agreement (Apellis Pharmaceuticals, Inc.), Bridge Loan and Security Agreement (PTC Therapeutics, Inc.)

Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s current liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 2 contracts

Samples: Loan and Security Agreement (Signal Genetics, Inc.), Amended and Restated Loan and Security Agreement (Miragen Therapeutics, Inc.)

Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities Borrower’s liabilities as they mature; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 2 contracts

Samples: Loan and Security Agreement (NanoString Technologies Inc), Amended and Restated Loan and Security Agreement (NanoString Technologies Inc)

Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s liabilities; Borrower is not left with unreasonably small capital after the transactions in contemplated by this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 2 contracts

Samples: Loan and Security Agreement (Harmonic Inc), Loan and Security Agreement (Satsuma Pharmaceuticals, Inc.)

Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature . ,

Appears in 2 contracts

Samples: Amended and Restated Loan and Security Agreement (Health Catalyst, Inc.), Amended and Restated Loan and Security Agreement (Health Catalyst, Inc.)

Solvency. The fair salable value of Borrower Debtor’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower the Debtor is not left with unreasonably small capital after the transactions in this Agreement; Agreement or any Collateral Schedule and Borrower Debtor is able to pay its debts (including trade debts) as they mature . ;

Appears in 2 contracts

Samples: Master Security Agreement (Codexis Inc), Master Security Agreement (Codexis Inc)

Solvency. The fair salable value of Borrower Debtor’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower the Debtor is not left with unreasonably small capital after the transactions in this Agreement; and Borrower Debtor is able to pay its debts (including trade debts) as they mature.

Appears in 2 contracts

Samples: Security Agreement (GlobalOptions Group, Inc.), Security Agreement (Reval Holdings Inc)

Solvency. The fair salable value of each Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its such Borrower’s liabilities; neither Borrower is not left with unreasonably small capital after the transactions in this Agreement; and each Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 2 contracts

Samples: Loan and Security Agreement (Sciclone Pharmaceuticals Inc), Loan and Security Agreement (Sciclone Pharmaceuticals Inc)

Solvency. The fair salable saleable value of Borrower ’s 's assets (including -------- goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in contemplated by this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 2 contracts

Samples: Agreement (Astea International Inc), Agreement (Copper Mountain Networks Inc)

Solvency. The fair salable saleable value of Borrower ’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in contemplated by this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 2 contracts

Samples: Amended and Restated Loan and Security Agreement (Imanage Inc), Loan and Security Agreement (Photon Dynamics Inc)

Solvency. The fair salable saleable value of Borrower ’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in contemplated by this Agreement; Agreement and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 2 contracts

Samples: Maker Communications Inc, Maker Communications Inc

Solvency. The fair salable saleable value of Borrower ’s 's assets -------- (including goodwill good will minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in contemplated by this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 2 contracts

Samples: Agreement (Inktomi Corp), Loan and Security Agreement (Inktomi Corp)

Solvency. The the fair salable saleable value of Borrower ’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities ; : the Borrower is not left with unreasonably small capital after the transactions in transaction contemplated by this Agreement ; and : Borrower is now and shall be at all times solvent and able to pay its debts (including trade debts) as they mature.

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (Avanex Corp), Revolving Credit and Security Agreement (Avanex Corp)

Solvency. The As of each Funding Date, the fair salable value of Borrower’s assets (including goodwill minus disposition costs , but excluding TCD’s assets) exceeds the fair value of its liabilities (excluding TCD’s liabilities ); Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Loan and Security Agreement (Supernus Pharmaceuticals Inc)

Solvency. The Borrower is able to pay its debts (including trade debts) as they mature; the fair salable saleable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and Borrower is not left with unreasonably small capital after the transactions in contemplated by this Agreement ; and Borrower is able to pay its debts (including trade debts) as they mature .

Appears in 1 contract

Samples: Credit Agreement (Cerus Corp)

Solvency. The Borrower is able to pay its debts (including trade debts) as they mature; the fair salable saleable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and Borrower is will not be left with unreasonably small capital after immediately following the consummation of the transactions in contemplated by this Agreement ; and Borrower is able to pay its debts (including trade debts) as they mature .

Appears in 1 contract

Samples: Loan and Security Agreement (New Age Beverages Corp)

Solvency. The On a consolidated and consolidating basis, the fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is and each of its Subsidiaries are able to pay its their debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Loan and Security Agreement (Spartan Acquisition Corp. II)

Solvency. The Subject to the contribution rights set forth in Section 12.8, the fair salable saleable value of each Borrower ’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; no Borrower is not left with unreasonably small capital after the transactions in contemplated by this Agreement; and each Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Isky Inc

Solvency. The fair salable book value of Borrower ’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in contemplated by this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Mission Critical Software Inc

Solvency. The fair salable value (on a going concern basis) of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Loan and Security Agreement (Sagent Pharmaceuticals, Inc.)

Solvency. The fair salable value of Borrower’s Borrower s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Loan and Security Agreement (Hearme)

Solvency. The fair salable value of Borrower ’s 's assets (including goodwill good will minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in contemplated by this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Loan and Security Agreement (Array Biopharma Inc)

Solvency. The fair salable value of Borrower ’s 's assets (including goodwill -------- minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Amended and Restated Loan and Security Agreement (Exodus Communications Inc)

Solvency. The fair salable value of Borrower ’s 's assets (including goodwill -------- minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Intellectual Property Security Agreement (Aml Communications Inc)

Solvency. The fair salable value of Borrower ’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities (excluding derivative liabilities ); Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Loan and Security Agreement (Metabasis Therapeutics Inc)

Solvency. The fair salable value of Borrower ’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities liabilities (including, without limitation, contingent liabilities but excluding any redemption privileges associated with Borrower's Preferred Stock); the Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Loan and Security Agreement (Neah Power Systems, Inc.)

Solvency. The fair salable value of Borrower ’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts ) ), as they mature.

Appears in 1 contract

Samples: Loan and Security Agreement (ExactTarget, Inc.)

Solvency. The fair salable value of Borrower ’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is will not be left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Archemix Corp.

Solvency. The fair salable value of Borrower ’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions transaction in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Healthcare Com Corp

Solvency. The fair salable value of Borrower ’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in this Agreement ; , and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Loan and Security Agreement (Omm Inc)

Solvency. The fair salable value of Borrower ’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is expects to be able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Loan and Security Agreement (Symphonix Devices Inc)

Solvency. The fair salable value of Borrower ’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts debt) as they mature.

Appears in 1 contract

Samples: Loan Agreement (Moldflow Corp)

Solvency. The fair salable value of Borrower ’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature .

Appears in 1 contract

Samples: Loan and Security Agreement (Scientific Learning Corp)

Solvency. The fair salable value of Borrower ’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in this Exim Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Loan and Security Agreement (Daleen Technologies Inc)

Solvency. The fair salable value of Borrower ’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is will not be left with unreasonably small capital after the transactions in this Agreement; and Borrower is will be able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Loan and Security Agreement (GSV Capital Corp.)

Solvency. The fair salable value of Borrower ’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its their liabilities; the Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Amended and Restated Loan and Security Agreement (Ramtron International Corp)

Solvency. The fair salable value of Borrower ’s 's assets as a going concern (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Representations and Warrant (Vascular Solutions Inc)

Solvency. The fair salable value of Borrower’s Borrowers assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Loan and Security Agreement (Akamai Technologies Inc)

Solvency. The fair salable value of Borrower’s Borrowers' assets (including goodwill minus disposition costs) exceeds the fair value of its their liabilities; and each Borrower is not left with unreasonably small capital after the transactions in this Agreement Agreement or any of the Loan Documents; and each Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Animas Corp

Solvency. The fair salable value of Borrower’s Borrowers’ assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities ; . No Borrower is not left with unreasonably small capital after the transactions in this Agreement; and each Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Loan and Security Agreement (Covad Communications Group Inc)

Solvency. The fair salable value of Borrower’s Borrowers’ assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; no Borrower is not left with unreasonably small capital after the transactions in this Agreement; and each Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Loan and Security Agreement (Equinix Inc)

Solvency. The fair salable value of Borrower’s Borrowers’ consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrowers’ liabilities; no Borrower is not left with unreasonably small capital after the transactions in this Agreement; and each Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Amended and Restated Loan and Security Agreement (Aviat Networks, Inc.)

Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities liabilities (excluding deferred revenue); Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Loan and Security Agreement (Danger Inc)

Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities (taking into account its actual and prospective liabilities ); Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature ; and Borrower is not unable to pay its debts (including trade debts) within the meaning of the Insolvency Act 1986 and has not stopped paying its debts as they fall due and the value of its assets is not less than the value of its liabilities (taking into account its contingent and prospective liabilities).

Appears in 1 contract

Samples: Loan and Security Agreement (Alimera Sciences Inc)

Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities and will continue to exceed the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Amended and Restated Loan and Security Agreement (GAIN Capital Holdings, Inc.)

Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities ; . After the transactions in this Agreement and the closing of the Note Financing, Borrower is will not be left with unreasonably small capital after the transactions in this Agreement; and Borrower is will be able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Amended and Restated Loan and Security Agreement (Real Goods Solar, Inc.)

Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Loan and Security Agreement (Ikanos Communications, Inc.)

Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after giving effect to the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Loan and Security Agreement (Ecoark Holdings, Inc.)

Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after giving effect to the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature . Neither Borrower nor any Guarantor is the subject of any threatened, pending or current Insolvency Proceeding.

Appears in 1 contract

Samples: Security and Guarantee Agreement (Ener-Core Inc.)

Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the consummation of the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Loan and Security Agreement (Celldex Therapeutics, Inc.)

Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions contemplated in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Loan and Security Agreement (Mattersight Corp)

Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is generally able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Loan and Security Agreement (Extend Health Inc)

Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is will not be left with unreasonably small capital after the transactions in contemplated by this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Loan and Security Agreement (Technest Holdings Inc)

Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions transactions, in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Loan and Security Agreement (Aprimo, INC)

Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left left, with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Loan and Security Agreement (Synaptics Inc)

Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is will not be left with unreasonably small capital after the transactions in this Agreement Agreement or any of the Loan Documents; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Loan and Security Agreement (Paradigm Genetics Inc)

Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital the Borrower’s remaining assets after the transactions contemplated herein are not unreasonably small in this Agreement relation to its business; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Loan and Security Agreement (Harmonic Inc)

Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) on a going-concern basis exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Loan and Security Agreement (Evergreen Solar Inc)

Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s consolidated liabilities; Borrower is not left with unreasonably small capital after giving effect to the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Loan and Security Agreement (Genocea Biosciences, Inc.)

Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s consolidated liabilities; Borrower is the Loan Parties are not left with unreasonably small capital after the transactions in this Agreement; and Borrower is the Loan Parties are able to pay its their debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Loan and Security Agreement (Aspen Group, Inc.)

Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is and each of its Subsidiaries are able to pay its their debts (including trade debts) as they mature.

Appears in 1 contract

Samples: Loan and Security Agreement (Inmune Bio, Inc.)

Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as and when they mature.

Appears in 1 contract

Samples: Mezzanine Loan and Security Agreement (BigCommerce Holdings, Inc.)

Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature become due.

Appears in 1 contract

Samples: Loan and Security Agreement (Cardiovascular Systems Inc)

Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature mature (“Solvent”).

Appears in 1 contract

Samples: Loan and Security Agreement (Eargo, Inc.)