Common use of Adequate Capitalization; No Insolvency Clause in Contracts

Adequate Capitalization; No Insolvency. The Seller is not the subject of any Insolvency Event. The Seller is Solvent and will not become insolvent after giving effect to the transactions contemplated by this Agreement and the other Facility Documents. The Seller is adequately capitalized for its business as proposed to be conducted in the foreseeable future and does not expect the commencement of any insolvency, bankruptcy or similar proceedings or the appointment of a receiver, liquidator or similar official in respect of its assets.

Appears in 2 contracts

Samples: Loan Sale and Contribution Agreement (Saratoga Investment Corp.), Loan Sale and Contribution Agreement (Saratoga Investment Corp.)

AutoNDA by SimpleDocs

Adequate Capitalization; No Insolvency. The Seller is not the subject of any Insolvency Event. The Seller is Solvent and will not become insolvent after giving effect to the transactions contemplated by this Agreement and the other Facility Transaction Documents. The Seller executed and delivered each of the Transaction Documents to which it is adequately capitalized a party for its business as proposed fair consideration and without the intent to be conducted in the foreseeable future and does not expect the commencement of hinder, delay or defraud any insolvency, bankruptcy or similar proceedings or the appointment of a receiver, liquidator or similar official in respect of its assetscreditors or any other Person.

Appears in 2 contracts

Samples: Sale and Contribution Agreement (Golub Capital Direct Lending Corp), Sale and Contribution Agreement (Golub Capital BDC 4, Inc.)

AutoNDA by SimpleDocs

Adequate Capitalization; No Insolvency. The Seller is not the subject of any Insolvency Event. The Seller is Solvent and will not become insolvent after giving effect to the transactions contemplated by this Agreement and the other Facility Transaction Documents. The Seller executed and delivered each of the Transaction Documents to which it is adequately capitalized a party for its business as proposed fair consideration and without the intent to be conducted in the foreseeable future and does not expect the commencement of hinder, delay or defraud any insolvency, bankruptcy or similar proceedings or the appointment of a receiver, liquidator or similar official in respect of its assets.creditors or any other Person. (o) [Reserved]. (p)

Appears in 1 contract

Samples: Sale and Contribution Agreement (Golub Capital BDC 3, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.