Common use of Burdensome Obligations Clause in Contracts

Burdensome Obligations. After giving effect to the transactions contemplated by the Loan Instruments, (i) neither Borrower (A) will be a party to or be bound by any franchise, agreement, deed, lease or other instrument, or be subject to any restriction, which is so unusual or burdensome so as to cause, in the foreseeable future, a Material Adverse Effect and (B) intends to incur, or believes that it will incur, debts beyond its ability to pay such debts as they become due, and (ii) each Borrower (A) owns and will own Property, the fair saleable value of which is (I) greater than the total amount of its liabilities (including contingent liabilities) and (II) greater than the amount that will be required to pay the probable liabilities of its then existing debts as they become absolute and matured, and (B) has and will have capital that is not unreasonably small in relation to its business as presently conducted and as proposed to be conducted. No Borrower presently anticipates that future expenditures needed to meet the provisions of federal or state statutes, orders, rules or regulations will be so burdensome so as to have a Material Adverse Effect.

Burdensome Obligations. After giving effect to the transactions contemplated by the Loan Instruments, Instruments (i) neither Borrower no Obligor (A) will be a party to or be bound by any franchise, agreement, deed, lease or other instrument, or be subject to any restriction, which is so unusual or burdensome so as to cause, in the foreseeable future, a Material Adverse Effect and (B) intends to incur, or believes that it will incur, debts beyond its ability to pay such debts as they become due, and (ii) each Borrower Obligor (A) owns and will own Property, the fair saleable value of which is (I) greater than the total amount of its liabilities (including contingent liabilities) and (II) greater than the amount that will be required to pay the probable liabilities of its then existing debts as they become absolute and matured, and (B) has and will have capital that is not unreasonably small in relation to its business as presently conducted and as proposed to be conducted. No Borrower does not presently anticipates anticipate that future expenditures needed to meet the provisions of federal or state statutes, orders, rules or regulations will be so burdensome so as to have a Material Adverse Effect.

Burdensome Obligations. After giving effect to the transactions contemplated by the Loan Instruments, (i) neither Borrower no Obligor (A) will be a party to or be bound by any franchise, agreement, deed, lease or other instrument, or be subject to any restriction, which is so unusual or burdensome so as to cause, in the foreseeable future, a Material Adverse Effect and (B) intends to incur, or believes that it will incur, debts beyond its ability to pay such debts as they become due, and (ii) each Borrower Obligor (A) owns and will own Property, the fair saleable salable value of which is (I) greater than the total amount of its liabilities (including contingent liabilities) and (II) greater than the amount that will be required to pay the probable liabilities of its then existing debts as they become absolute and matured, and (B) has and will have capital that is not unreasonably small in relation to its business 17 18 as presently conducted and as proposed to be conducted. No Borrower Obligor presently anticipates that future expenditures needed to meet the provisions of federal or state statutes, orders, rules or regulations will be so burdensome so as to have a Material Adverse Effect.

Burdensome Obligations. After giving effect to the transactions contemplated by the Loan Instruments, Instruments (i) neither Borrower (A) will not be a party to or be bound by any franchise, agreement, deed, lease or other instrument, or be subject to any restriction, which is so unusual or burdensome so as to cause, in the foreseeable future, a Material Adverse Effect and (B) intends does not intend to incur, or believes believe that it will incur, debts beyond its ability to pay such debts as they become due, and (ii) each Borrower (A) owns and will own Property, the fair saleable value of which is (I) greater than the total amount of its liabilities (including contingent liabilities) and (II) greater than the amount that will be required to pay the probable liabilities of its then existing debts as they become absolute and matured, and (B) has and will have capital that is not unreasonably small in relation to its business as presently conducted and as proposed to be conducted. No Borrower does not presently anticipates anticipate that future expenditures needed to meet the provisions of federal or state statutes, orders, rules or regulations will be so burdensome so as to have a Material Adverse Effect.

Burdensome Obligations. After giving effect to the transactions contemplated by the Loan Instruments, Instruments (i) neither Borrower Guarantor (A) will not be a party to or be bound by any franchise, agreement, deed, lease or other instrument, or be subject to any restriction, which is so unusual or burdensome so as to cause, in the foreseeable future, a Material Adverse Effect and (B) intends does not intend to incur, or believes believe that it will incur, debts beyond its ability to pay such debts as they become due, and (ii) each Borrower Guarantor (A) owns and will own Property, the fair saleable value of which is (I) greater than the total amount of its liabilities (including contingent liabilities) and (II) greater than the amount that will be required to pay the probable liabilities of its then existing debts as they become absolute and matured, and (B) has and will have capital that is not unreasonably small in relation to its business as presently conducted and as proposed to be conducted. No Borrower Guarantor does not presently anticipates anticipate that future expenditures needed to meet the provisions of federal or state statutes, orders, rules or regulations will be so burdensome so as to have a Material Adverse Effect.

Burdensome Obligations. After giving effect to the transactions ---------------------- contemplated by the Loan Instruments, Instruments (i) neither no Borrower (A) will be a party to or be bound by any franchise, agreement, deed, lease or other instrument, or be subject to any restriction, which is so unusual or burdensome so as to cause, in the foreseeable future, a Material Adverse Effect and (B) intends to incur, or believes that it will incur, debts beyond its ability to pay such debts as they become due, and (ii) each Borrower (A) owns and will own Property, the fair saleable value of which is (I) greater than the total amount of its liabilities (including contingent liabilities) and (II) greater than the amount that will be required to pay the probable liabilities of its then existing debts as they become absolute and matured, and (B) has and will have capital that is not unreasonably small in relation to its business as presently conducted and as proposed to be conducted. No Borrower Borrowers do not presently anticipates anticipate that future expenditures needed to meet the provisions of federal or state statutes, orders, rules or regulations will be so burdensome so as to have a Material Adverse Effect.

Burdensome Obligations. After giving effect to the transactions ---------------------- contemplated by the Loan Instruments, Instruments (i) neither no Borrower (A) will be is a party to or be is bound by any franchise, agreement, deed, lease or other instrument, or be subject to any restriction, which is so unusual or burdensome so as to cause, in the foreseeable future, a Material Adverse Effect and (B) intends to incur, or believes that it will incur, debts beyond its ability to pay such debts as they become due, and (ii) each Borrower (A) owns and will own Property, the fair saleable value of which is (I) greater than the total amount of its liabilities (including contingent liabilities) and (II) greater than the amount that will be required to pay the probable liabilities of its then existing debts as they become absolute and matured, and (B) has and will have capital that is not unreasonably small in relation to its business as presently conducted and as proposed to be conducted. No Borrower presently anticipates that future expenditures needed to meet the provisions of federal or state statutes, orders, rules or regulations in effect on or proposed as of the Closing Date will be so burdensome so as to have a Material Adverse Effect.

Burdensome Obligations. After giving effect to the transactions contemplated by the Loan Instruments, (i) neither Borrower no Obligor (A) will be a party to or be bound by any franchise, agreement, deed, lease or other instrument, or be subject to any restriction, which is so unusual or burdensome so as to cause, in the foreseeable future, a Material Adverse Effect and (B) intends to incur, or believes that it will incur, debts beyond its ability to pay such debts as they become due, and (ii) each Borrower Obligor (A) owns and will own Property, the fair saleable salable value of which is (I) greater than the total amount of its liabilities (including contingent liabilities) and (II) greater than the amount that will be required to pay the probable liabilities of its then existing debts as they become absolute and matured, and (B) has and will have capital that is not unreasonably small in relation to its business as presently conducted and as proposed to be conducted. No Borrower Obligor presently anticipates that future expenditures needed to meet the provisions of federal or state statutes, orders, rules or regulations will be so burdensome so as to have a Material Adverse Effect.

Burdensome Obligations. After giving effect to the transactions contemplated by the Loan Instruments, (i) neither Borrower (A) will be a party to or be bound by any franchise, agreement, deed, lease or other instrument, or be subject to any restriction, which is so unusual or burdensome so as to cause, in the foreseeable future, a Material Adverse Effect and (B) intends to incur, or believes that it will incur, debts beyond its ability to pay such debts as they become due, and (ii) each Borrower Borrowers (A) owns own and will own Property, the fair saleable value of which is (I) greater than the total amount of its their liabilities (including contingent liabilities) and (II) greater than the amount that will be required to pay the probable liabilities of its then existing debts as they become absolute and matured, and (B) has have and will have capital that is not unreasonably small in relation to its business their businesses as presently conducted and as proposed to be conducted. No Borrower Borrowers do not presently anticipates anticipate that future expenditures needed to meet the provisions of federal or state statutes, orders, rules or regulations will be so burdensome so as to have a Material Adverse Effect.

Burdensome Obligations. After giving effect to the transactions contemplated by this Pledge Agreement and the other Loan InstrumentsDocuments to which Shareholder is a party, Shareholder (i) neither Borrower (A) will not be a party to or be bound by any franchise, agreement, deed, lease or other instrument, or be subject to any restriction, which is so unusual or burdensome burdensome, so as to causecause a material adverse effect, in the foreseeable future, a Material Adverse Effect and (Bii) intends does not intend to incur, or believes and does not believe that it Shareholder will incur, debts beyond its Shareholder's ability to pay such debts as they become due, and (ii) each Borrower (Aiii) owns and will own Propertyproperty, the fair saleable value of which is (IA) greater than the total amount of its Shareholder's liabilities (including contingent liabilities) and (IIB) greater than the amount that will be required to pay the probable liabilities of its Shareholder's then existing debts as they become absolute and matured, matured and (Biv) has and will have capital that is not unreasonably small in relation to its business Shareholder's businesses as presently conducted and as proposed to be conducted. No Borrower Shareholder does not presently anticipates anticipate that future expenditures needed to meet the provisions of federal or state statutes, orders, rules or regulations will be so burdensome so as to have a Material Adverse Effectmaterial adverse effect.