Fraudulent Transfer. (a) Each Loan Party is Solvent. (b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan Party.
Appears in 36 contracts
Samples: Credit Agreement (Renewable Energy Group, Inc.), Credit and Security Agreement (Orion Energy Systems, Inc.), Credit and Security Agreement (Charles & Colvard LTD)
Fraudulent Transfer. (a) Each Loan Credit Party is Solvent.
(b) No transfer of property is being made by any Loan Credit Party and no obligation is being incurred by any Loan Credit Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan any Credit Party.
Appears in 7 contracts
Samples: Loan, Guaranty and Security Agreement (Gordmans Stores, Inc.), Loan, Guaranty and Security Agreement (Gordmans Stores, Inc.), Loan Agreement (Gordmans Stores, Inc.)
Fraudulent Transfer. (a) Each Borrower individually is Solvent, and the Loan Party is Parties taken as a whole are Solvent.
(b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan Party.
Appears in 6 contracts
Samples: Credit Agreement (BOISE CASCADE Co), Credit Agreement (BOISE CASCADE Co), Credit Agreement (BOISE CASCADE Co)
Fraudulent Transfer. (a) Each The Loan Party is Parties, taken as a whole, are Solvent.
(b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan Party.
Appears in 5 contracts
Samples: Credit Agreement (Delek US Holdings, Inc.), Credit Agreement (Angiotech Pharmaceuticals Inc), Credit Agreement (Delek US Holdings, Inc.)
Fraudulent Transfer. (a) Each Loan Party Primary Obligor is Solvent.
(b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan Party.
Appears in 4 contracts
Samples: Credit Agreement (Hampshire Group LTD), Credit Agreement (Hampshire Group LTD), Credit Agreement (Hampshire Group LTD)
Fraudulent Transfer. (a) Each Loan Party is Solvent.
(b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan Party.
(c) All Loan Parties have and will receive a direct or indirect benefit from the transactions contemplated by this Agreement and the other Loan Documents.
Appears in 4 contracts
Samples: Purchase Money Loan and Security Agreement (SAExploration Holdings, Inc.), Credit and Security Agreement (SAExploration Holdings, Inc.), Credit and Security Agreement (SAExploration Holdings, Inc.)
Fraudulent Transfer. (a) Each The Loan Party is Parties, taken as a whole, are Solvent.
(b) No transfer of property (including in connection with each Permitted Stock Repurchase) is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan Party.
Appears in 4 contracts
Samples: Credit Agreement (Omniture, Inc.), Credit Agreement (Omniture, Inc.), Credit Agreement (Omniture, Inc.)
Fraudulent Transfer. (a) Each The Loan Party is Parties, on a consolidated basis, are Solvent.
(b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan Party.
Appears in 4 contracts
Samples: Credit Agreement (MDC Partners Inc), Credit Agreement (MDC Partners Inc), Credit Agreement (MDC Partners Inc)
Fraudulent Transfer. (a) Each Loan The Credit Parties taken as a whole are Solvent and each Material Credit Party is Solvent.
(b) No transfer of property is being made by any Loan Credit Party and no obligation is being incurred by any Loan Credit Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan any Credit Party.
Appears in 3 contracts
Samples: Loan and Guaranty Agreement (Collective Brands, Inc.), Loan and Guaranty Agreement (Payless Shoesource Inc /De/), Loan, Guaranty and Security Agreement (Payless Shoesource Inc /De/)
Fraudulent Transfer. (a) Each Loan Party and each Subsidiary of a Loan Party is Solvent.
(b) No transfer of property is being made by any Loan Party or any Subsidiary of a Loan Party and no obligation is being incurred by any Loan Party or any Subsidiary of a Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such the Loan PartyParties or their Subsidiaries.
Appears in 3 contracts
Samples: Credit Agreement (WHX Corp), Credit Agreement (WHX Corp), Credit Agreement (WHX Corp)
Fraudulent Transfer. (a) Each Loan Party is and each Subsidiary of a Loan Party, taken as a whole, are Solvent.
(b) No transfer of property is being made by any Loan Party or any Subsidiary of a Loan Party and no obligation is being incurred by any Loan Party or any Subsidiary of a Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan PartyParties or their Subsidiaries.
Appears in 3 contracts
Samples: Credit Agreement (Take Two Interactive Software Inc), Credit Agreement (Take Two Interactive Software Inc), Credit Agreement (Take Two Interactive Software Inc)
Fraudulent Transfer. (a) Each Loan Party (other than Guarantors) is Solvent.
(b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan Party.
(c) No Loan Party that is a Guarantor has any operations or owns any material assets.
Appears in 3 contracts
Samples: Credit and Security Agreement (IES Holdings, Inc.), Credit and Security Agreement (Integrated Electrical Services Inc), Credit and Security Agreement (Integrated Electrical Services Inc)
Fraudulent Transfer. (a) Each Loan Party Borrower is Solvent.
(b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan Party.
Appears in 3 contracts
Samples: Credit Agreement (Dixie Group Inc), Credit Agreement (Sitel Corp), Credit Agreement (Sitel Corp)
Fraudulent Transfer. (a) Each The Loan Party is Parties, taken as a whole (after giving effect to the issuance and incurrence of Loans hereunder and the consummation of the Transactions contemplated hereby), are Solvent.
(b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan Party.
Appears in 2 contracts
Samples: Credit Agreement (Jack Cooper Holdings Corp.), Credit Agreement (Jack Cooper Logistics, LLC)
Fraudulent Transfer. (a) Each The Loan Party is Parties are Solvent.
(b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan Party.
Appears in 2 contracts
Samples: Credit and Security Agreement (Differential Brands Group Inc.), Credit and Security Agreement (Differential Brands Group Inc.)
Fraudulent Transfer. (a) Each Loan Obligated Party is Solvent.
(b) No transfer of property is being made by any Loan Obligated Party and no obligation is being incurred by any Loan Obligated Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan any Obligated Party.
Appears in 2 contracts
Samples: Revolving Loan and Security Agreement (Reis, Inc.), Loan and Security Agreement (Reis, Inc.)
Fraudulent Transfer. (a) Each Loan Party is After giving effect to the Transactions, Borrower and its Subsidiaries, taken as a whole, are Solvent.
(b) No transfer of property is being made by any In executing the Loan Documents and consummating the Transactions, no Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent intends to hinder, delay, or defraud either present or future creditors of such Loan Party.
Appears in 2 contracts
Samples: Credit Agreement (Horizon Lines, Inc.), Credit Agreement (Horizon Lines, Inc.)
Fraudulent Transfer. (a) Each Loan Party is Solvent.
(b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan PartyParties.
Appears in 2 contracts
Samples: Loan and Security Agreement (Advanced Lighting Technologies Inc), Loan and Security Agreement (Outsourcing Services Group Inc)
Fraudulent Transfer. (a) Each Loan Party is The Borrower and its Subsidiaries, taken as a whole, are Solvent.
(b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan Party.
Appears in 2 contracts
Samples: Credit Agreement (Federal Signal Corp /De/), Credit Agreement (Federal Signal Corp /De/)
Fraudulent Transfer. (a) Each Loan Party and each Subsidiary of a Borrower is Solvent.
(b) No transfer of property is being made by any Loan Party or any Subsidiary of a Loan Party and no obligation is being incurred by any Loan Party or any Subsidiary of a Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan PartyParties or their Subsidiaries.
Appears in 2 contracts
Samples: Loan Agreement (Source Interlink Companies Inc), Loan Agreement (Source Interlink Companies Inc)
Fraudulent Transfer. (a) Each Loan Party is Borrower and its Subsidiaries, on a consolidated basis, are Solvent.
(b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan Party.
Appears in 2 contracts
Samples: Credit Agreement (Jda Software Group Inc), Credit Agreement (Jda Software Group Inc)
Fraudulent Transfer. (a) Each Loan Party is Solvent.
(b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such any Loan Party.
Appears in 2 contracts
Samples: Loan and Security Agreement (Iron Age Corp), Loan and Security Agreement (Numatics Inc)
Fraudulent Transfer. (a) Each Borrower individually is Solvent, and the Loan Party is Parties taken as a whole are Solvent.
(b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan Party.. 127044148_2
Appears in 1 contract
Samples: Credit Agreement (BOISE CASCADE Co)
Fraudulent Transfer. (a) Each The Loan Party is Parties and their Subsidiaries, on a consolidated basis, are Solvent.
(b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan Party.
Appears in 1 contract
Samples: Credit Agreement (USA Mobility, Inc)
Fraudulent Transfer. (ai) Each The Loan Party Parties, on a consolidated basis, are Solvent and (ii) Borrower, on an individual basis, is Solvent.
(b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan Party.
Appears in 1 contract
Samples: Credit Agreement (THQ Inc)
Fraudulent Transfer. (a) Each Loan Party is Solvent.
(b) . No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents to which it is a party with the intent to hinder, delay, or defraud either present or future creditors of such any Loan Party.
Appears in 1 contract
Samples: Term Loan and Security Agreement (Lexicon Pharmaceuticals, Inc.)
Fraudulent Transfer. (a) Each The Loan Party is Parties taken as a whole are Solvent.
(b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan Party.
Appears in 1 contract
Samples: Credit Agreement (Intapp, Inc.)
Fraudulent Transfer. (a) Each Borrower is, and the Loan Party is Parties, taken as a whole are, Solvent.
(b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan PartyParty in violation of any fraudulent transfer or conveyance law or doctrine.
Appears in 1 contract
Fraudulent Transfer. (a) Each Loan Party and each of its Subsidiaries is Solvent.
(b) No transfer of property is being made by Parent or any Loan Party of its Subsidiaries and no obligation is being incurred by Parent or any Loan Party of its Subsidiaries in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan PartyParent or any of its Subsidiaries.
Appears in 1 contract
Samples: Loan and Security Agreement (Lazy Days R.V. Center, Inc.)
Fraudulent Transfer. (a) Each Loan Party is Parent and its Subsidiaries, on a consolidated basis, are Solvent.
(b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan Party.
Appears in 1 contract
Samples: Credit Agreement (Silicon Graphics International Corp)
Fraudulent Transfer. (a) Each Borrower is Solvent and the Loan Party is Parties taken as a whole are Solvent.
(b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan Party.
Appears in 1 contract
Samples: Senior Revolving Credit Agreement (Bumble Bee Capital Corp.)
Fraudulent Transfer. (a) Each After giving effect to the Transactions and the financing transactions contemplated by this Agreement, each Loan Party and each Subsidiary of a Loan Party is Solvent.
(b) No transfer of property is being made by any Loan Party or any Subsidiary of a Loan Party and no obligation is being incurred by any Borrower or any Subsidiary of a Loan Party in connection with the Transactions or the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan PartyParties or their Subsidiaries.
Appears in 1 contract
Samples: Credit Agreement (Dune Energy Inc)
Fraudulent Transfer. (a) Each The Borrowers, taken as a whole, are Solvent. The Loan Party is Parties, taken as a whole, are Solvent.
(b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of any such Loan Party.
Appears in 1 contract
Samples: Term Loan Agreement (Bombay Co Inc)
Fraudulent Transfer. (a) Each Loan Related Party is Solvent.
(b) No transfer of property Property is being made by any Loan Related. Party and no obligation is being incurred by any Loan Related Party in connection with the transactions transaction contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan any Related Party.
Appears in 1 contract
Samples: Loan Agreement (Sielox Inc)
Fraudulent Transfer. (a) Each Loan Party Party, taking into account rights of contribution from the other Loan Parties, and each of its Subsidiaries is Solvent.
(b) No transfer of property is being made by any Loan Party or any of its Subsidiaries and no obligation is being incurred by any Loan Party or any of its Subsidiaries in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such any Loan PartyParty or its Subsidiaries.
Appears in 1 contract
Fraudulent Transfer. (a) a. Each Loan Party is Solvent and, after the execution and delivery of the Loan Documents and the consummation of the transactions contemplated thereby (including the Klipsch Acquisition), will be Solvent.
(b) b. No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan Party.
Appears in 1 contract
Samples: Credit Agreement (Audiovox Corp)
Fraudulent Transfer. (a) Each After giving effect to the initial Advances and the making of the Term Loans under this Agreement, the Borrower individually is, and the Loan Party is Parties taken as a whole are, Solvent.
(b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such any Loan Party.
Appears in 1 contract
Fraudulent Transfer. (a) Each As of the Closing Date, the Loan Party is Parties, collectively, are Solvent.
(b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan Party.
Appears in 1 contract
Samples: Credit Agreement (Tronox Inc)
Fraudulent Transfer. (a) Each Borrower is Solvent and the Loan Party is Parties and their Subsidiaries, taken as a whole, are Solvent.
(b) No transfer of property is being made by any Loan Party or any Subsidiary of a Loan Party and no obligation is being incurred by any Loan Party or any Subsidiary of a Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan PartyParties or their Subsidiaries.
Appears in 1 contract
Fraudulent Transfer. (a) Each Loan Party and each Subsidiary of a Loan Party is Solvent.
(b) No transfer of property is being made by any Loan Party or any Subsidiary of a Loan Party and no obligation is being incurred by any Loan Party or any Subsidiary of a Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Transaction Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan PartyParties or their Subsidiaries.
Appears in 1 contract
Fraudulent Transfer. (a) Each Loan Party is Solvent.
(b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such the Loan PartyParties.
Appears in 1 contract
Fraudulent Transfer. (a) Each The Loan Party is Parties, taken as a whole, are Solvent.
(b) . No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such the Loan PartyParties.
Appears in 1 contract
Fraudulent Transfer. (a) Each The Loan Party is Parties and their Subsidiaries, taken as a whole, are Solvent.
(b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan Party.
Appears in 1 contract
Samples: Credit and Security Agreement (Albany Molecular Research Inc)
Fraudulent Transfer. (a) Each of Borrower and each other Loan Party that owns assets that are included in the Borrowing Base is Solvent, and the other Loan Parties, whose assets are not included in the Borrowing Base, taken as a whole, are Solvent.
(b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan Party.
Appears in 1 contract
Fraudulent Transfer. (a) Each Loan Party The Borrower is Solvent.
(b) No transfer of property is being made by any such Loan Party and no obligation is being incurred by any such Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan Party.
Appears in 1 contract
Fraudulent Transfer. (a) Each Loan Party is Parties are, on a consolidated basis, Solvent.
(b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan Party.
Appears in 1 contract
Fraudulent Transfer. (a) Each Loan Party and its Subsidiaries is Solvent.
(b) No transfer of property is being made by any Loan Party or its Subsidiaries and no obligation is being incurred by any Loan Party or its Subsidiaries in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such any Loan PartyParty or its Subsidiaries.
Appears in 1 contract
Samples: Loan and Security Agreement (Marlin Business Services Corp)
Fraudulent Transfer. (a) Each The Loan Party is Parties, taken as a whole, are Solvent.
(b) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such the Loan PartyParties.
Appears in 1 contract
Fraudulent Transfer. (aA) Each Loan Party is Solvent.
(bB) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan Party.
Appears in 1 contract
Fraudulent Transfer. (a) Each Loan Party Borrower and its Restricted Subsidiaries (taken as a whole) is Solvent.
(b) Each Loan Party receives valuable corporate benefit from entering into the Loan Documents to which it is a party.
(c) No transfer of property is being made by any Loan Party and no obligation is being incurred by any Loan Party in connection with the Transactions or any transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Loan Party.
Appears in 1 contract
