Unreasonably Small Capital definition

Unreasonably Small Capital means for the period from the date hereof through the Maturity Date, the Borrower and its Restricted Subsidiaries taken as a whole after consummation of the Transactions (including the execution and delivery of this Agreement, the making of the Loans and the use of proceeds of such Loans on the date hereof (and the RPS Closing Date, if later) is a going concern and has sufficient capital to reasonably ensure that it will continue to be a going concern for such period.
Unreasonably Small Capital means for the period from the date hereof through the Maturity Date, the capital of the Borrower and its Restricted Subsidiaries on a consolidated basis and taken as a whole after consummation of the Transactions (including the execution and delivery of this Agreement, the making of the Loans and the use of proceeds of such Loans on the date hereof) is unreasonably small in relation to their business as contemplated on the Closing Date such that it calls into question whether it will continue to be a going concern for such period.
Unreasonably Small Capital means for the period from the date hereof through the Revolving Loan Maturity Date, Parent and its Subsidiaries taken as a whole after consummation of the Transactions is a going concern and has sufficient capital to reasonably ensure that it will continue to be a going concern for such period.

Examples of Unreasonably Small Capital in a sentence

  • Markell, Toward True and Plain Dealing: A Theory of Fraudulent Transfers Involving Unreasonably Small Capital, 21 IND.

  • Unreasonably Small Capital The Trustee also failed to prove that the Transfer left the Debtor with unreasonably small capital.

  • The Reorganized Debtors Will Not Be Insolvent Nor Left With Unreasonably Small Capital.

  • Sears and the Real Estate Transferors Had Unreasonably Small Capital at the Time of the Seritage Transaction.

  • The Lands’ End Spinoff Left Sears and Sears Roebuck with Unreasonably Small Capital.


More Definitions of Unreasonably Small Capital

Unreasonably Small Capital means that a Person (or a Person and its Restricted Subsidiaries taken as a whole, as applicable) do not have sufficient capital to ensure that they are a going concern.
Unreasonably Small Capital means that the Company and its Restricted Subsidiaries taken as a whole after giving effect to the Transactions do not have sufficient capital to ensure that they are a going concern.
Unreasonably Small Capital means, with respect to any Loan Party, the inability to generate sufficient cash or obtain sufficient cash from reasonably anticipated sources of operating funds to enable such Loan Party to continue to operate its business as a going concern, including a reasonable cushion of cash (or cash from reasonably anticipated sources of operating funds) to enable such Loan Party to continue to operate its business as a going concern (as such term is determined in accordance with GAAP) in the event of adverse changes in macroeconomic conditions or conditions in such Loan Party’s industry that could reasonably be expected to occur in the course of the business cycle; Exhibit L to Credit Agreement
Unreasonably Small Capital the Borrower and its Subsidiaries taken as a whole after giving effect to the Transaction (including the execution and delivery of the Credit Agreement and, if applicable, the making of the Loans on the Closing Date and the use of proceeds of such Loans) do not have sufficient capital to ensure that it can continue to operate as a going concern in the business it currently operates or anticipates operating as of the date hereof. * * * [Signature Page Follows]
Unreasonably Small Capital the Company and its Subsidiaries taken as a whole after giving effect to the Transaction (including the execution and delivery of the Credit Agreement, the making of the Loans on the Closing Date and the use of proceeds of such Loans) do not have sufficient capital to ensure that it can continue to operate as a going concern in the business it currently operates or anticipates operating as of the date hereof. * * *
Unreasonably Small Capital shall likewise be determined in accordance with Applicable Law. This Section is intended solely to preserve the rights of the Guaranteed Parties hereunder to the maximum extent permitted by Applicable Law, and neither any Guarantor nor any other Person shall have any right or claim under this Section that would not otherwise be available under Applicable Law.
Unreasonably Small Capital means, as to any Loan Party, after giving effect to the Transactions, insufficient capital for its needs and anticipated needs, including without limitation, Identified Contingent Liabilities, without substantial unplanned disposition of assets outside the ordinary course of business, restructuring of debt, externally forced revisions of its operations or other similar actions.