Common use of Adequate Capital Clause in Contracts

Adequate Capital. To the Knowledge of the Company, the Company 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 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 10.1 2.25

Appears in 2 contracts

Samples: Convertible Preferred Stock Subscription Agreement, Convertible Preferred Stock Subscription Agreement

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Adequate Capital. To the Knowledge of the Company, the Company 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 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 10.1 2.25.

Appears in 1 contract

Samples: 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. 19 19691978.6 Execution Version Exhibit 10.1 2.25.

Appears in 1 contract

Samples: Investment Agreement (IMH Financial Corp)

Adequate Capital. To the Knowledge of the Company, the Company 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 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 10.1 2.2510.1

Appears in 1 contract

Samples: 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. 19 19691978.6 Execution Version Exhibit 10.1 2.25Section 1.12

Appears in 1 contract

Samples: Investment Agreement

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Adequate Capital. To the Knowledge of the Company, the Company 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 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 10.1 2.25.

Appears in 1 contract

Samples: Senior Perpetual 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 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 10.1 2.25.

Appears in 1 contract

Samples: 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 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. 19 19691978.6 Execution Version Exhibit 10.1 2.25.

Appears in 1 contract

Samples: Investment Agreement (IMH Financial Corp)

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