Adequacy of Capital. Throughout the Initial Term and thereafter if and as any Extension Option is exercised, Tenant shall maintain such adequate capital, or reasonable access to capital (including, by way of example, lines of credit and/or reserves for capital repairs and improvements), as is reasonably necessary or appropriate to perform Tenant’s maintenance and repair obligations under Section 5.3(b) of this Lease. Landlord agrees, however, that Xxxxxx’s performance of such obligations in accordance with this Lease shall be deemed as compliance with the capital requirements of this paragraph.
Adequacy of Capital. Except as disclosed in Bank Schedule 5.29, Bank’s risk-based capital and leverage capital are adequate and in compliance with the requirements of the FDIC’s capital maintenance requirements in 12 C.F.R. Part 325, Subpart A, including Appendices A (risk-based capital) and B (leverage capital), and Bank is considered well capitalized for purposes of the Prompt Corrective Action rules contained in 12 C.F.R. Part 325, Subpart B.
Adequacy of Capital. 85 - 95 The proceeds of the Loans, together with the proceeds of Indebtedness permitted under Section 7.1 (Indebtedness), will be sufficient until satisfaction in full of the Loans to enable the Company and its Subsidiaries to operate their respective businesses as currently contemplated by the Company.
Adequacy of Capital. Purchaser has available funds to consummate the transactions contemplated by this Agreement, including, without limitation, payment of the Cash Portion of the Purchase Price, payment of each cash installment under the Promissory Note and assumption of the Assumed Liabilities.
Adequacy of Capital. 85 9.24 Absence of Restrictive Provisions............................................................ 86 9.25
