Assets Greater than Liabilities. The fair value of the business and assets of the Company and its Subsidiaries, taken as a whole on a consolidated basis, exceeds, as of, and immediately after giving effect to the transactions consummated on the date hereof and on each Closing Day, the liabilities of the Company and its Subsidiaries, taken as a whole on a consolidated basis, as of such time.
Appears in 2 contracts
Samples: Third Amended and Restated Note Purchase and Shelf Agreement (Nn Inc), Second Amended and Restated Note Purchase and Shelf Agreement (Nn Inc)
Assets Greater than Liabilities. The fair value of the business and assets of the Company (and its Subsidiaries, taken as a whole on a consolidated basis, exceeds, as of, and immediately after giving effect to the transactions consummated on the date hereof and on each Closing Day, the liabilities of the Company and its Subsidiaries, taken as a whole on a consolidated basis) exceeds, as of and after giving effect to the transactions contemplated by the Financing Documents and the Senior Credit Agreements and consummated on the Closing Date, the liabilities of the Company (including, without limitation, the Notes and all other Debt of the Company (and, as the case may be, of the Company and the Subsidiaries, on a consolidated basis)) as of such time.
Appears in 1 contract
Samples: Securities Purchase Agreement (Questron Technology Inc)
Assets Greater than Liabilities. The fair value of the business and assets of the Company and its Subsidiaries, taken as a whole on a consolidated basis, exceeds, as of, and immediately after giving effect to the transactions consummated on the date hereof and on each Closing Dayof the Closing, the liabilities of the Company and its Subsidiaries, taken as a whole on a consolidated basis, as of such time.
Appears in 1 contract
Samples: Note Purchase Agreement (Nn Inc)
