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 will not become insolvent after giving effect to the transactions contemplated by this Agreement and the other Transaction Documents. The Seller executed and delivered each of the Transaction Documents to which it is a party for fair consideration and without the intent to hinder, delay or defraud any of its creditors or any other Person.

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 Transaction Facility Documents. The Seller executed is adequately capitalized for its business as proposed to be conducted in the foreseeable future and delivered each does not expect the commencement of any insolvency, bankruptcy or similar proceedings or the Transaction Documents to which it is appointment of a party for fair consideration and without the intent to hinderreceiver, delay liquidator or defraud any similar official in respect of its creditors or any other Personassets.