Adequate Capital, Not Insolvent. After giving effect to the consummation of the transactions contemplated by the Lease Documents, each member of the Leasing Group: (a) will be able to pay its debts as they become due; (b) will have sufficient funds and capital to carry on its business as now conducted or as contemplated to be conducted (in accordance with the terms of the Lease Documents); (c) will own property having a value both at fair valuation and at present fair saleable value greater than the amount required to pay its debts as they become due; and (d) will not be rendered insolvent as determined by applicable law.
Appears in 4 contracts
Samples: Facility Lease Agreement (Balanced Care Corp), Development Agreement (Standish Care Co), Facility Lease Agreement (Arv Assisted Living Inc)
Adequate Capital, Not Insolvent. After giving effect to the consummation of the transactions contemplated by the Lease Documents, each member of the Leasing Group:
(a) will be able to pay its debts as they become due;
(b) will have sufficient funds and capital to carry on its business as now conducted or as contemplated to be conducted (in accordance with the terms of the Lease Documents);
(c) will own property having a value both at fair valuation and at present fair saleable salable value greater than the amount required to pay its debts as they become due; and
(d) will not be rendered insolvent as determined by applicable law.
Appears in 3 contracts
Samples: Facility Lease Agreement (Carematrix Corp), Facility Lease Agreement (Carematrix Corp), Facility Lease Agreement (Carematrix Corp)
Adequate Capital, Not Insolvent. After giving effect to the consummation of the transactions contemplated by the Lease Documents, each member of the Leasing Group:Group (excluding Deaconess):
(a) will be able to pay its debts as they become due;
(b) will have sufficient funds and capital to carry on its business as now conducted or as contemplated to be conducted (in accordance with the terms of the Lease Documents);
(c) will own property having a value both at fair valuation and at present fair saleable salable value greater than the amount required to pay its debts as they become due; and
(d) will not be rendered insolvent as determined by applicable law.
Appears in 1 contract
Adequate Capital, Not Insolvent. After giving effect to the consummation of the transactions contemplated by the Lease Documents, each member of the Leasing Group:
(a) will be able to pay its debts as they become due;
(b) will have sufficient funds and capital to carry on its business as now conducted or as contemplated to be conducted (in accordance with the terms of the Lease Documentsthis Lease);
(c) will own property having a value both at fair valuation and at present fair saleable salable value greater than the amount required to pay its debts as they become due; and
(d) will not be rendered insolvent as determined by applicable law.
Appears in 1 contract