Financial Statements and Business Condition. The Financial Statements fairly present the respective financial conditions and results of operations of Borrower and Guarantor as of the date or dates thereof and for the periods covered thereby. There are no material liabilities, direct or indirect, fixed or contingent, of Borrower or Guarantor as of the dates of such Financial Statements that are not reflected therein or in the notes thereto that have not otherwise been disclosed to Lender in writing. Except for any such changes heretofore expressly disclosed in writing to Lender, there have been no material adverse changes in the respective financial conditions of Borrower or Guarantor from the financial conditions shown in their respective Financial Statements, nor have Borrower or Guarantor incurred any material liabilities, direct or indirect, fixed or contingent, that are not shown in their respective Financial Statements. Borrower and Guarantor are able to pay all of their respective debts as they become due, and Borrower and Guarantor, as the case may be, will maintain such solvent financial condition, giving effect to the Obligations, as long as Borrower or Guarantor are obligated to Lender under this Agreement or any of the other Loan Documents. Neither Borrower's nor Guarantor's Obligations under this Agreement and the other Loan Documents will render Borrower or Guarantor unable to pay their respective debts as they become due.
Financial Statements and Business Condition. The Financial Statements are true, correct, and complete in all material respects as of the dates specified therein and the balance sheets, profit and loss statements and statements of cash flow present fairly, the financial condition and results of operations of Borrower and Guarantor as of the dates and for the periods specified. There were no material liabilities, direct or indirect, fixed or contingent, of Borrower or Guarantor as of the dates of such Financial Statements which were not reflected therein or in the notes thereto, which have not otherwise been disclosed to Lender in writing. Except for any such changes heretofore expressly disclosed in writing to Lender, there has been no material adverse change in the respective financial conditions of Borrower or Guarantor from the financial conditions shown in their respective Financial Statements, nor has Borrower or Guarantor incurred any material liabilities, direct or indirect, fixed or contingent, which are not shown in its Financial Statements. All Financial Statements were and will be prepared in accordance with GAAP. No Material Adverse Effect has resulted or occurred in the financial condition of Borrower or Guarantor since the dates of the Financial Statements. At all times prior to, as of, and after the date hereof, and after giving effect to the transactions contemplated under the Loan Documents, including without limitation, the borrowing of the Loan to the full extent provided in the Loan Documents, and the granting of Liens to Lender in all of the Collateral, and the incurring of all of the Obligations, the total fair value of the Borrower's and Guarantor's assets and properties exceeds the total amount of their debts and other liabilities. Borrower and Guarantor are able to pay all of their debts as they become due, and they shall maintain such solvent financial condition, giving effect to all obligations, absolute and contingent, of Borrower, Guarantor. Borrower's and Guarantor's obligations under this Agreement and under the Loan Documents will not render them unable to pay their respective debts as they become due.
Financial Statements and Business Condition. The Weekly Flash Reports, the Monthly Financial Reports for the first ten (10) months of the calendar year 2001 and the Alternative Financial Models dated December 4, 2001 are, to the best of Borrower's knowledge, accurate and fairly represent the financial condition of the Borrower for the periods in question, subject to the written qualifications set forth therein, including the fact that such statements and reports are preliminary and subject to completion of the audit thereof and that Borrower anticipates adjustments thereto which may significantly affect the results thereof, including an estimated reduction in shareholder equity of $63,000,000. To the best of Borrower's knowledge, there are no material liabilities, direct or indirect, fixed or contingent, of Borrower, except as disclosed to Agent in writing.
Financial Statements and Business Condition. The Financial Statements fairly present the respective financial conditions and results of operations of Borrower as of the date or dates thereof and for the periods covered thereby. There were no material liabilities, direct or indirect, fixed or contingent, of Borrower as of the dates of such Financial Statements which were not reflected therein or in the notes thereto, which have not otherwise been disclosed to Lender in writing. Except for any such changes heretofore expressly disclosed in writing to Lender, there has been no material adverse change in the respective financial conditions of Borrower from the financial conditions shown in their respective Financial Statements, nor has Borrower incurred any material liabilities, direct or indirect, fixed or contingent, which are not shown in its Financial Statements. Borrower is able to pay all of its debts as they become due and Borrower shall maintain such solvent financial condition, giving effect to the Obligations, as long as the Borrower is obligated to Lender under the Agreement or in any other manner whatsoever. Borrower's Obligations under this Agreement and under the Loan Documents will not render Borrower unable to pay its debts as they become due. The present fair market value of Borrower's assets is greater than the amount required to pay its total liabilities.
Financial Statements and Business Condition. The Financial Statements for the first nine (9) months of the calendar year 2005, are, to the best of Borrower’s knowledge, accurate and fairly represent the financial condition of the Borrower for the periods in question, subject to the written qualifications set forth therein. To the best of Borrower’s knowledge, there are no material liabilities, direct or indirect, fixed or contingent, of Borrower, except as disclosed to Agent in writing.
Financial Statements and Business Condition. Section 6.3 is hereby restated and amended to read as follows:
Financial Statements and Business Condition. Bluegreen Corporation has delivered to Lender its financial statements for the Fiscal Year ending March 29, 1998. Such financial statements fairly present the financial condition and (if applicable) results of operations of Bluegreen Corporation as of the date or dates thereof and for the periods covered thereby. All such financial statements were prepared in accordance with GAAP. Except for any such changes heretofore expressly disclosed in writing to Lender, there has been no material adverse change in the financial condition of Bluegreen Corporation since March 29, 1998. Borrowers are able to pay all of their respective debts as they become due, and Borrowers shall maintain such solvent financial condition, giving effect to all obligations, absolute and contingent, of each such Borrowers. Each such Borrower's obligations under this Agreement and under the Loan Documents will not render the respective Borrower unable to pay its debts as they become due. The present fair market value of each Borrower's assets is greater than the amount required to pay its total liabilities.
Financial Statements and Business Condition. Taken as a whole, all financial data and other information of whatever nature that have been given to Lender with respect to Parent (i) is complete and correct and does not omit to state any material fact necessary in order to make the statements herein or therein not misleading; and (ii) accurately presents the financial condition of Parent as of the date on which the same have been furnished to Lender. To the extent required by GAAP, all balance sheets disclose all known liabilities, direct and contingent, as of their respective dates. No Material Adverse Effect has occurred since the date of the most recent of each such financial statement given to Lender other than changes in the ordinary course of business, none of which changes have had or could reasonably be expected to have a Material Adverse Effect.
Financial Statements and Business Condition. Borrower's financial statements fairly present the respective financial conditions and (if applicable) results of operations of Borrower as of the date or dates thereof and for the periods covered thereby. All such financial statements, other than those prepared on behalf of a natural person, if any, were prepared in accordance with GAAP. Except for any such changes heretofore expressly disclosed in writing to Agent, there has been no material adverse change in the respective financial conditions of Borrower from the financial conditions shown in the financial statements. Borrower is able to pay all of its debts as they become due, and Borrower shall maintain such solvent financial condition, giving effect to all obligations, absolute and contingent, of Borrower. Borrower's obligations under this Agreement and under the Loan Documents will not render Borrower unable to pay its debts as they become due. The present fair market value of Borrower's assets is greater than the amount required to pay its total liabilities.
Financial Statements and Business Condition. Borrower's financial statements fairly present the respective financial conditions and (if applicable) results of operations of Borrower as of the date or dates of the financial statements and for the periods covered by the financial statements. All such financial statements, other than those prepared on behalf of a natural person, if any, were prepared in accordance with GAAP. There has been no material adverse change in the financial condition of Borrower from the financial condition shown in its financial statements furnished to Lender. Borrower is able to pay all of its debts as they become due, and Borrower shall maintain such solvent financial condition, giving effect to all obligations, absolute and contingent, of Borrower. Borrower's obligations under the Loan Documents will not render Borrower unable to pay its debts as they become due. The present fair market value of Borrower's assets is greater than the amount required to pay its total liabilities.
