Common use of Financial Statements and Business Condition Clause in Contracts

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.

Appears in 1 contract

Samples: Loan and Security Agreement (Silverleaf Resorts Inc)

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Financial Statements and Business Condition. The Financial Statements fairly present the respective financial conditions and results of operations of each Borrower as of the date or dates thereof and for the periods covered thereby. There were are no material liabilities, direct or indirect, fixed or contingent, of each Borrower as of the dates of such Financial Statements which were that are not reflected therein or in the notes thereto, which thereto that have not otherwise been disclosed to Lender in writing. Except for any such changes heretofore expressly disclosed in writing to Lender, there has have been no material adverse change changes in the respective financial conditions of each Borrower from the financial conditions shown in their respective Financial Statements, nor has any Borrower incurred any material liabilities, direct or indirect, fixed or contingent, which that are not shown in its Financial Statements. Each Borrower is able to pay all of its debts as they become due due, and Borrower shall each Borrower, as the case may be, will maintain such solvent financial condition, giving effect to the Obligations, as long as the each Borrower is obligated to Lender under the this Agreement or in any of the other manner whatsoeverLoan Documents. No Borrower's Obligations under this Agreement and under the other Loan Documents will not render any Borrower unable to pay its their respective 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.

Appears in 1 contract

Samples: Loan and Security Agreement (Equivest Finance Inc)

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 Agent in writing. Except for any such changes heretofore expressly disclosed in writing to LenderAgent, 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 Lenders 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.

Appears in 1 contract

Samples: Loan, Security and Agency Agreement (Silverleaf Resorts Inc)

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Financial Statements and Business Condition. The Financial Statements delivered to date fairly present the respective financial conditions and results of operations of each 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 either 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 TFC in writing. Except for any such changes heretofore expressly disclosed in writing to LenderTFC, there has been no material adverse change in the respective financial conditions of either Borrower from the financial conditions shown in their respective Financial Statements, nor has either Borrower incurred any material liabilities, direct or indirect, fixed or contingent, which are not shown in its Financial Statements. Each Borrower is able to pay all of its respective debts as they become due and each Borrower shall maintain such solvent financial condition, giving effect to the Obligations, as long as the Borrower is obligated to Lender Lenders under the Agreement or in any other manner whatsoever. Each Borrower's Obligations under this Agreement and under the Loan Documents will not render such 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 respective total liabilities.

Appears in 1 contract

Samples: Acquisition, Construction and Receivable Loan, Security and Agency Agreement (Bluegreen Corp)

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