Adequate Financial Means Clause Samples

Adequate Financial Means. (a) TECO is not, and will not as a result of ------------------------ the execution and delivery of this Undertaking, be rendered insolvent, (b) TECO does not intend to incur, or believe it is incurring, obligations beyond its ability to pay, (c) TECO is not executing this Undertaking with any intention to hinder, delay or defraud any present or future creditor or creditors of TECO and (d) TECO's property remaining after the delivery and performance of this Undertaking will not constitute unreasonably small capital.

Adequate Financial Means. The Shareholder and Intermediate Shareholder (i) has capital sufficient to carry on its businesses and transactions and all businesses and transactions in which it is about to engage, (ii) is able to pay its debts as they mature and (iii) owns property and other assets having a value, both at fair valuation and at present fair saleable value, greater than the total amount of the probable liabilities of such Shareholder Party on its debts and obligations as they become absolute and matured.

Adequate Financial Means. (a) After giving effect to the transactions contemplated by this Guaranty and the contingent obligations evidenced hereby (but excluding the effect of the provisions of Section 6.1 which limit the Guaranteed Obligations to an amount that would not render Guarantor's indebtedness, liabilities or obligations under this Guaranty subject to avoidance), Guarantor is Solvent. (b) Guarantor is not executing this Guaranty with any intention to hinder, delay or defraud any present or future creditor or creditors of Guarantor.

Adequate Financial Means. (a) After giving effect to the transactions contemplated by this Guaranty and the contingent obligations evidenced hereby, such Guarantor is Solvent, both on an unconsolidated basis and a consolidated basis with any subsidiaries of the Guarantors. (b) Such Guarantor is not executing this Guaranty with any intention to hinder, delay or defraud any present or future creditor or creditors of such Guarantor. (c) Such Guarantor is not engaged in any business or transaction which, after giving effect to the transactions contemplated by this Guaranty, will leave such Guarantor with capital or assets which are unreasonably small in relation to the business or transactions engaged by such Guarantor, and such Guarantor does not intend to engage in any such business or transaction. (d) Such Guarantor does not intend to incur, nor does such Guarantor believe that it will incur, debts beyond such Guarantor’s ability to repay such debts as they mature.