Status of Borrower. Neither Borrower nor any controlling interest in Borrower (if an entity) is insolvent (as such term is defined in Section 101(32) of the Bankruptcy Code, as amended) and will not be rendered insolvent (as such term is defined in Section 101(32) of the Bankruptcy Code, as amended) by execution of this Agreement, the Note or any other Loan Documents or consummation of the transactions contemplated thereby.
Appears in 3 contracts
Samples: Loan and Security Agreement (Millennium Ethanol, LLC), Management Agreement (REX AMERICAN RESOURCES Corp), Construction Loan Agreement (Bluegreen Corp)
Status of Borrower. Neither Borrower nor any controlling interest in Borrower (if an entity) is insolvent (as such term is defined in Section 101(32101(29) of the Bankruptcy CodeAct of 1978, as amended) and will not be rendered insolvent (as such term is defined in Section 101(32101(29) of the Bankruptcy CodeAct of 1978, as amended) by execution of this Agreement, the Note or any other Loan Documents or consummation of the transactions contemplated thereby.
Appears in 1 contract
