Adequate Capital. To the knowledge of the Company, the Company (i) has adequate capital with which to conduct the businesses in which it is engaged as such businesses are now conducted and are presently proposed to be conducted after the Closing (as defined in the Subscription Agreement) and (ii) has not become, or is not presently, financially insolvent within the meaning of the bankruptcy laws or the insolvency laws of any jurisdiction.
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement (IMH Financial Corp)
Adequate Capital. To the knowledge Knowledge of the Company, the Company (i) has adequate capital with which to conduct the businesses in which it is engaged as such businesses are now conducted and are presently proposed to be conducted after the Closing (as defined in the Subscription Agreement) and (ii) has not become, or is not presently, financially insolvent within the meaning of the bankruptcy laws or the insolvency laws of any jurisdiction. 19 19691978.6 Execution Version Exhibit 10.
Appears in 2 contracts
Samples: Series B 4 Cumulative Convertible Preferred Stock Subscription Agreement, Series B 4 Cumulative Convertible Preferred Stock Subscription Agreement
Adequate Capital. To the knowledge Knowledge of the Company, the Company (i) has have adequate capital with which to conduct the businesses in which it is engaged as such businesses are now conducted and are presently proposed to be conducted after the Closing (as defined in the Subscription Agreement) and (ii) has not become, or is not presently, financially insolvent within the meaning of the bankruptcy laws or the insolvency laws of any jurisdiction.
Appears in 1 contract
Samples: Series B 3 Cumulative Convertible Preferred Stock Subscription Agreement (IMH Financial Corp)
Adequate Capital. To the knowledge Knowledge of the Company, the Company (i) has adequate capital with which to conduct the businesses in which it is engaged as such businesses are now conducted and are presently proposed to be conducted after the Closing (as defined in the Subscription Agreement) and (ii) has not become, or is not presently, financially insolvent within the meaning of the bankruptcy laws or the insolvency laws of any jurisdiction.. 19691978.6
Appears in 1 contract
Samples: Series B 4 Cumulative Convertible Preferred Stock Subscription Agreement (IMH Financial Corp)
Adequate Capital. To the knowledge Knowledge of the Company, the Company (i) has adequate capital with which to conduct the businesses in which it is engaged as such businesses are now conducted and are presently proposed to be conducted after the Closing (as defined in the Subscription Agreement) and (ii) has not become, or is not presently, financially insolvent within the meaning of the bankruptcy laws or the insolvency laws of any jurisdiction.
Appears in 1 contract
Samples: Series a Senior Perpetual Preferred Stock Subscription Agreement (IMH Financial Corp)
Adequate Capital. To the knowledge of the Company, the Company (i) has adequate capital with which to conduct the businesses in which it is engaged as such businesses are now conducted and are presently proposed to be conducted after the Closing (as defined in the Subscription Agreement) and (ii) has not become, or is not presently, financially insolvent within the meaning of the bankruptcy laws or the insolvency laws of any jurisdiction.
Appears in 1 contract
Adequate Capital. To the knowledge of the Company, the Company (i) has adequate capital with which to conduct the businesses in which it is engaged as such businesses are now conducted and are presently proposed to be conducted after the Closing (as defined in the B-4 Subscription Agreement) and (ii) has not become, or is not presently, financially insolvent within the meaning of the bankruptcy laws or the insolvency laws of any jurisdiction.
Appears in 1 contract
