Fraudulent Transfers. Neither BioMarin nor BioMarin Acquisition is insolvent, nor will be rendered insolvent by any of the transactions contemplated hereby. Immediately after the Option Closing, (i) each of BioMarin and BioMarin Acquisition will be able to pay its debts as they become due, and (ii) neither BioMarin nor BioMarin Acquisition will have unreasonably small assets with which to conduct its present or proposed business. As used in this Section 3.10, “insolvent” means that the sum of the Person’s assets does not and will not exceed its debts and other liabilities at a fair valuation.
Appears in 1 contract
Samples: Securities Purchase Agreement (Biomarin Pharmaceutical Inc)
Fraudulent Transfers. Neither BioMarin nor BioMarin Acquisition is insolvent, nor will be rendered insolvent by any of the transactions contemplated herebyTransactions. Immediately after consummation of the Option ClosingTransactions, (i) each of BioMarin and BioMarin Acquisition will be able to pay its debts as they become due, and ; (ii) neither BioMarin nor BioMarin Acquisition will have unreasonably small assets with which to conduct its present or proposed business. As used in this Section 3.103.6, “insolvent” means that the sum of the Person’s assets does not and will not exceed its debts and other liabilities at a fair valuation.
Appears in 1 contract
Samples: Asset Purchase Agreement (Biomarin Pharmaceutical Inc)
Fraudulent Transfers. Neither BioMarin nor BioMarin Acquisition is insolvent, nor will be rendered insolvent by any of the transactions contemplated herebyTransactions. Immediately after consummation of the Option ClosingTransactions, (i) each of BioMarin and BioMarin Acquisition will be able to pay its debts as they become due, and ; (ii) neither BioMarin nor BioMarin Acquisition will have unreasonably small assets with which to conduct its present or proposed business. As used in this Section 3.103.6, “"insolvent” " means that the sum of the Person’s 's assets does not and will not exceed its debts and other liabilities at a fair valuation.
Appears in 1 contract
Samples: Asset Purchase Agreement (Medicis Pharmaceutical Corp)
Fraudulent Transfers. Neither BioMarin nor BioMarin Acquisition is insolvent, nor will be rendered insolvent by any of the transactions contemplated hereby. Immediately after the Option Closing, (i) each of BioMarin and BioMarin Acquisition will be able to pay its debts as they become due, and (ii) neither BioMarin nor BioMarin Acquisition will have unreasonably small assets with which to conduct its present or proposed business. As used in this Section 3.10, “"insolvent” " means that the sum of the Person’s 's assets does not and will not exceed its debts and other liabilities at a fair valuation.
Appears in 1 contract
Samples: Securities Purchase Agreement (Medicis Pharmaceutical Corp)