Fair Market Value of Assets. (a) The fair market value of the assets of the COMPANY exceeds the sum of the COMPANY'S liabilities, plus the amount of liabilities, if any, to which the COMPANY'S assets are subject. (b) The liabilities of the COMPANY were incurred by the COMPANY in the ordinary course of its trade or business and are associated with its assets.
Appears in 5 contracts
Samples: Agreement and Plan of Reorganization (Vestcom International Inc), Agreement and Plan of Reorganization (Vestcom International Inc), Agreement and Plan of Reorganization (Vestcom International Inc)