Common use of Borrower and all of Borrower’s members shall be Clause in Contracts

Borrower and all of Borrower’s members shall be. (i) free from bankruptcy and (ii) solvent, as determined by Lender in its sole discretion, both in that the value of their respective assets exceeds their respective liabilities and that it is likely that they will be able to pay their debts, including, where applicable, payments required by the Loan Documents, as they become due in the foreseeable future.