Cessation of Operations. Any cessation of operations by Borrower or Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, that any disclosure of the Borrower’s ability to continue as a “going concern” shall not be an admission that the Borrower cannot pay its debts as they become due.
Appears in 78 contracts
Sources: Securities Purchase Agreement (Blue Star Foods Corp.), Secured Promissory Note (HFactor, Inc.), Securities Purchase Agreement (Clean Energy Technologies, Inc.)
Cessation of Operations. Any cessation of operations by Borrower or Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, that any disclosure of the Borrower’s ability to continue as a “going concern” shall not be an admission that the Borrower cannot pay its debts as they become due.
Appears in 14 contracts
Sources: Loan Agreement (Cellteck Inc.), Second Consolidated Amendment Agreement (Cellteck Inc.), Consolidated Amendment Agreement (Cellteck Inc.)
Cessation of Operations. Any cessation of operations by Borrower or Borrower admits in writing it is otherwise generally unable to pay its debts as such debts become due, provided, however, that any disclosure of the Borrower’s ability to continue as a “going concern” shall not be an admission that the Borrower cannot pay its debts as they become due.
Appears in 7 contracts
Sources: Securities Purchase Agreement (NKGen Biotech, Inc.), Securities Purchase Agreement (NKGen Biotech, Inc.), Securities Purchase Agreement (NKGen Biotech, Inc.)
Cessation of Operations. Any cessation of operations by Borrower or Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, that any disclosure of the Borrower’s 's ability to continue as a “"going concern” " shall not be an admission that the Borrower cannot pay its debts as they become due.
Appears in 5 contracts
Sources: Securities Purchase Agreement (Vet Online Supply Inc), Securities Purchase Agreement (Vet Online Supply Inc), Securities Purchase Agreement (Vet Online Supply Inc)
Cessation of Operations. Any cessation of The Borrower materially ceases operations by Borrower or Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, that any disclosure of the Borrower’s ability to continue as a “going concern” shall not be an admission that the Borrower cannot pay its debts as they become due.
Appears in 5 contracts
Sources: Securities Purchase Agreement (Digital Brands Group, Inc.), Securities Purchase Agreement (Digital Brands Group, Inc.), Securities Purchase Agreement (Digital Brands Group, Inc.)
Cessation of Operations. Any cessation of operations by Borrower or Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, that any disclosure of the BorrowerCompany’s ability to continue as a “going concern” shall not be an admission that the Borrower Company cannot pay its debts as they become due.
Appears in 4 contracts
Sources: Convertible Note (Comstock Inc.), Convertible Note (Comstock Inc.), Subordination Agreement (SANUWAVE Health, Inc.)
Cessation of Operations. Any cessation of operations by Borrower or Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, that any disclosure of the Borrower’s 's ability to continue as a “"going concern” " shall not be an admission that the Borrower cannot pay its debts as they become due, or any disposition or conveyance of any material asset of the Company.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Vet Online Supply Inc), Securities Purchase Agreement (Vet Online Supply Inc), Securities Purchase Agreement (Vet Online Supply Inc)
Cessation of Operations. Any cessation of operations by Borrower or Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, that any disclosure of the Borrower’s ability to continue as a “going concern” shall not be an admission that the Borrower cannot pay its debts as they become due, or any disposition or conveyance of any material asset of the Company.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Chron Organization, Inc.), Securities Purchase Agreement (Vet Online Supply Inc)
Cessation of Operations. Any cessation of operations by Borrower or Borrower admits it is otherwise generally unable to pay of substantially all of its debts as such debts become dueoperations, provided, however, that any disclosure of the Borrower’s ability to continue as a “going concern” shall not be an admission that the Borrower cannot pay its debts as they become duedue or of a cessation of operations.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Cybergy Holdings, Inc.), Securities Purchase Agreement (Mount Knowledge Holdings, Inc.)
Cessation of Operations. Any cessation of operations by the Borrower or the Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, that any disclosure of the Borrower’s ability to continue as a “going concern” shall not be an admission that the Borrower cannot pay its debts as they become due.
Appears in 2 contracts
Sources: Debt Exchange Agreement (La Rosa Holdings Corp.), Securities Purchase Agreement
Cessation of Operations. Any cessation of operations by Borrower or Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, however that any disclosure of the Borrower’s 's ability to continue as a “"going concern” " shall not be an admission that the Borrower cannot pay its debts as they become come due.
Appears in 1 contract
Sources: Convertible Debenture Purchase Agreement (AirtimeDSL)
Cessation of Operations. Any cessation of operations by Borrower or Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, that any disclosure of the Borrower’s Borrowers ability to continue as a “going concern” concern shall not be an admission that the Borrower cannot pay its debts as they become due.
Appears in 1 contract
Sources: Stock Purchase Agreement (Lux Digital Pictures, Inc.)
Cessation of Operations. Any A cessation of operations by of Borrower or Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, however that any disclosure of the Borrower’s ability to continue as a “going concern” shall not be an admission that the Borrower cannot pay its debts as they become come due.
Appears in 1 contract
Sources: Stock Purchase Agreement
Cessation of Operations. Any cessation of operations by Borrower or Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, that any disclosure of the Borrower’s ability to continue as a “going concern” shall not be an admission that the Borrower cannot pay its debts as they become due.;
Appears in 1 contract
Sources: Secured Subordinated Convertible Promissory Note (Inergetics Inc)
Cessation of Operations. Any cessation of operations by Borrower or Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, that any disclosure of the Borrower’s ability to continue as a “going concern” shall not be an admission that the Borrower cannot pay its debts as they become due, or any disposition or conveyance of any material asset of the Borrower.
Appears in 1 contract
Cessation of Operations. Any cessation of operations by Borrower or Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, that any disclosure of the Borrower’s ability to continue as a “going concern” shall not be an admission that the Borrower cannot pay its debts as they become due.
Appears in 1 contract
Sources: Convertible Note Purchase Agreement (TechCare Corp.)
Cessation of Operations. Any cessation of operations by Borrower ▇▇▇▇▇▇▇▇, or Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, that any disclosure of the Borrower’s ability to continue as a “going concern” shall not be an admission that the Borrower cannot pay its debts as they become due.
Appears in 1 contract
Sources: Securities Purchase Agreement (Viking Energy Group, Inc.)
Cessation of Operations. Any cessation of The Borrower ceases operations by Borrower or Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, that any disclosure of the Borrower’s 's ability to continue as a “"going concern” " shall not be an admission that the Borrower cannot pay its debts as they become due.
Appears in 1 contract
Sources: Exchange Agreement (Sphere 3D Corp)
Cessation of Operations. Any cessation of operations by Borrower or Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, that any disclosure of the Borrower’s ability to continue as a “going concern” shall not be an admission that the Borrower cannot pay its debts as they become due.. Form of Convertible Promissory Note
Appears in 1 contract
Sources: Securities Purchase Agreement (NovAccess Global Inc.)
Cessation of Operations. Any cessation of operations by Borrower or Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, that any Exhibit 10.8 disclosure of the Borrower’s ability to continue as a “going concern” shall not be an admission that the Borrower cannot pay its debts as they become due.
Appears in 1 contract
Sources: Assignment of Debt Agreement
Cessation of Operations. Any cessation of operations or dissolution by the Borrower or the Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, that any disclosure of the Borrower’s ability to continue as a “going concern” shall not be an admission that the Borrower cannot pay its debts as they become due.
Appears in 1 contract