Fraudulent Transfer. (a) Borrower and each Guarantor. taken as a whole, are Solvent. (b) No transfer of property is being made by Borrower or any Guarantor and no obligation is being incurred by Borrower or any Guarantor 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 Borrower or such Guarantor.
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Samples: Loan and Security Agreement (Orbital Sciences Corp /De/), Loan and Security Agreement (Orbital Sciences Corp /De/)
Fraudulent Transfer. (a) Borrower and each Guarantor. taken as a whole, are of the Guarantors (other than Inactive Subsidiary) is Solvent.
(b) No transfer of property is being made by Borrower or any Guarantor and no obligation is being incurred by Borrower or any Guarantor 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 Borrower or such any Guarantor.
Appears in 2 contracts
Samples: Loan and Security Agreement (Microstrategy Inc), Loan and Security Agreement (Microstrategy Inc)
Fraudulent Transfer. (a) each Borrower and each Guarantor. taken as a whole, are Guarantor is Solvent.
(b) No transfer of property is being made by any Borrower or any Guarantor and no obligation is being incurred by any Borrower or any Guarantor 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 Borrower Borrowers or such GuarantorGuarantors.
Appears in 1 contract
Samples: Loan and Security Agreement (Mercury Air Group Inc)
Fraudulent Transfer. (a) Borrower Borrower, Guarantors and each Guarantor. their Subsidiaries, taken as a whole, are Solvent.
(b) No transfer of property is being made by Borrower or any Guarantor and no obligation is being incurred by Borrower or any Guarantor 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 Borrower or such Guarantor.
Appears in 1 contract
Samples: Credit Agreement (Dialogic Inc.)
Fraudulent Transfer. (a) Each Borrower and each Guarantor. taken as a whole, are Guarantor is Solvent.
(b) No transfer of property is being made by any Borrower or any Guarantor and no obligation is being incurred by any Borrower or any Guarantor 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 Borrower Borrowers or such GuarantorGuarantors.
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Fraudulent Transfer. (a) Each of Borrower and each Guarantor. taken as a whole, are of the Guarantors is Solvent.
(b) No transfer of property is being made by Borrower or any Guarantor and no obligation is being incurred by Borrower or any Guarantor of the Guarantors 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 Borrower or such GuarantorGuarantors.
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Fraudulent Transfer. (a) Each Guarantor and Borrower and each Guarantor. taken as a whole, are Solvent.
(b) No transfer of property is being made by Borrower or any Guarantor or Borrower and no obligation is being incurred by Borrower or any Guarantor or Borrower 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 Borrower any of the Guarantors or such GuarantorBorrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Paradyne Networks Inc)
Fraudulent Transfer. (a) each Borrower and each Guarantor. taken as a whole, are Guarantor is Solvent.
(b) No transfer of property is being made by any Borrower or any Guarantor and no obligation is being incurred by any Borrower or any Guarantor 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 Borrower or such Guarantor.
Appears in 1 contract
Fraudulent Transfer. (a) each Borrower and each Guarantor. taken as a whole, are Guarantor is Solvent.
(b) No transfer of property is being made by any Borrower or any Guarantor and no obligation is being incurred by any Borrower or any Guarantor 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 Borrower Borrowers or such GuarantorGuarantors.
Appears in 1 contract
Samples: Loan and Security Agreement (Pioneer Companies Inc)
Fraudulent Transfer. (a) Borrower Each Guarantor and each Guarantor. taken as a whole, are Borrower is Solvent.
(b) No transfer of property is being made by Borrower any Guarantor or any Guarantor Borrower and no obligation is being incurred by Borrower any Guarantor or any Guarantor Borrower 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 Borrower any of the Guarantors or such Guarantorany of the Borrowers.
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Fraudulent Transfer. (a) each Borrower and each Guarantor. taken as a whole, are Guarantor is Solvent.
(b) No transfer of property is being made by any Borrower or any Guarantor and no obligation is being incurred by any Borrower or any Guarantor 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 Borrower or such GuarantorBorrowers.
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