Buyer’s Financial Condition. No petition has been filed by or against Buyer under the Federal Bankruptcy Code or any similar state or federal Law.
Buyer’s Financial Condition. This Agreement and all shipments made hereunder shall at all times be subject to the approval by Seller of Buyer’s financial condition. If the financial condition of Buyer at any time becomes unsatisfactory to Seller, in Seller’s sole discretion, or if Buyer fails to make any payment when due, in addition to any other rights Seller may have, Seller may defer or decline to make any shipment or shipments hereunder or may condition any such shipment upon receipt of satisfactory security or cash payments in advance.
Buyer’s Financial Condition. The Buyer is a newly formed Corporation. It has no material liabilities except as provided for in this Agreement, and no assets except the joint and several agreements of EMI to perform in accordance with the terms of this Agreement.
Buyer’s Financial Condition. Buyer's financial condition is as is represented to Seller on any financial statements previously submitted to Seller by Buyer.
Buyer’s Financial Condition. At the Closing, and after consummation of all of the transactions contemplated hereby, Buyer will have no material assets or liabilities, not disclosed on its financial statements.
Buyer’s Financial Condition. No insolvency proceeding has been filed by or against Buyer and Buyer has not admitted in writing an inability to pay its debts as they become due;
Buyer’s Financial Condition. Guarantor is familiar with the financial condition of Buyer and with all other facts and circumstances which a diligent inquiry would reveal and which would bear upon the risk of nonpayment or nonperformance of the Obligations, and Guarantor has executed and delivered this Guaranty based on Guarantor’s own judgment and not in reliance upon any statement or representation of Seller. Seller shall have no obligation to provide Guarantor with any advice or information whatsoever or to inform Guarantor at any time of Seller’s actions, evaluations or conclusions on the financial condition of or any other matter concerning Buyer.
Buyer’s Financial Condition. No petition has been filed by or against Buyer under the Federal Bankruptcy Code or any similar state or federal Law. Buyer’s representations and warranties in this Section 9.1 shall survive the Closing. The foregoing representations and warranties of Buyer shall be remade by Buyer as of the Closing Date.
Buyer’s Financial Condition. (a) Each issuance of a Purchase Order to Seller will constitute Buyer's representation and warranty that:
Buyer’s Financial Condition. The Sellers shall have completed their review of Buyer's financial statements, books, records, accounts receivable, inventory and actual and potential liabilities, and determined, in their reasonable discretion, that Buyer has the financial to repay the Promissory Note and otherwise perform its obligations hereunder in all material respects.
