Financial Condition Certificates. Agent shall have received an executed Financial Condition Certificate in the form of Exhibit 8.1(k).
Financial Condition Certificates. Agent shall have received an executed Financial Condition Certificate in the form of EXHIBIT 8.1(i).
Financial Condition Certificates. Administrative Agent shall have received an executed Financial Condition Certificate in the form of Exhibit 8.1(j);
Financial Condition Certificates. Agent shall have received an executed -------------------------------- Officer's Certificate in form and substance reasonably satisfactory to Agent, certifying the solvency of Borrower on a consolidated basis after giving effect to the Transactions and the Indebtedness contemplated hereby and as to Borrower's financial resources and its ability to meet their obligations and liabilities as they become due; to the effect that as of the Closing Date and after giving effect to the Transactions:
(i) the assets of Borrower at a fair valuation, exceed the total liabilities (including contingent, subordinated, unmatured and unliquidated liabilities) of Borrower;
(ii) current monthly projections for fiscal year 2000, including Borrower's projected income statement, balance sheet and cash flow statement in form and substance satisfactory to Agent in its sole discretion, and which are based on underlying assumptions which provide a reasonable basis for the projections and which reflect Borrower's judgment based on present circumstances of the most likely set of conditions and Borrower's most likely course of action for the period projected, demonstrate Borrower will have sufficient cash flow to enable it to pay its debts as they mature; and
(iii) Borrower on a consolidated basis does not have an unreasonably small capital base with which to engage in its anticipated business. For purposes of this subsection (i), the "fair valuation" of the assets of Borrower on a consolidated basis shall be determined on the basis of the amount which may be realized within a reasonable time, either through collection or sale of such assets at market value, conceiving the latter as the amount which could be obtained for the property in question within such period by a capable and diligent businessman from an interested buyer who is willing to purchase under ordinary selling conditions;
Financial Condition Certificates. Agent shall have received executed Officer's Certificates satisfactory in form and substance to it, certifying that Borrower on a Consolidated Basis is Solvent immediately prior to and after giving effect to the Transactions and the Indebtedness contemplated hereby and as to the financial resources of Borrower on a Consolidated Basis and its ability to meet its obligations and liabilities as they become due.
Financial Condition Certificates. Agent shall have received ---------------------------------- an executed Financial Condition Certificate in the form of Exhibit 8.1(k). --------------
Financial Condition Certificates. Agent shall have received executed Officers Certificates satisfactory in form and substance satisfactory to Agent, executed Officers Certificates certifying the solvency of Borrowers on a Consolidated Basis after giving effect to the Indebtedness contemplated hereby and by the Subordinated Debt Documentation and as to Borrowers' financial resources and their ability to meet their obligations and liabilities as they become due; to the effect that as of the Closing Date and after giving effect to the Transactions:
(i) the assets of Borrowers on a Consolidated Basis, at a fair valuation, exceed the total liabilities (including contingent, subordinated, unmatured and unliquidated liabilities) of Borrowers on a Consolidated Basis; (ii) current projections which are based on underlying assumptions which provide a reasonable basis for the projections and which reflect each Borrower's good faith judgment based on present circumstances that each Borrower will have sufficient cash flow to enable it to pay its debts as they mature; and
Financial Condition Certificates. Each Syndication Agent shall have received an executed Financial Condition Certificate in the form of Exhibit 8.1(j).
Financial Condition Certificates. Term B Lender shall have received an executed Financial Condition Certificate in the form of Exhibit 8.1(k).
Financial Condition Certificates. Agent shall have received an executed Financial Condition Certificate in the form of Exhibit 8.1(k), and the information contained therein shall be accurate and complete in all material respects and there shall not exist any material contingent obligations of Borrower or any other Loan Party except as may be expressly identified therein;
