Common use of Fraudulent Transfer Clause in Contracts

Fraudulent Transfer. (a) Borrower is Solvent. (b) No transfer of property is being made by Borrower and no obligation is being incurred by 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.

Appears in 37 contracts

Samples: Loan and Security Agreement (Horizon Technology Finance Corp), Loan and Security Agreement (Horizon Technology Finance Corp), Loan Agreement (Horizon Technology Finance Corp)

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Fraudulent Transfer. (a) Each Borrower and each Subsidiary of a Borrower is Solvent. (b) No transfer of property is being made by any Borrower or any Subsidiary of a Borrower and no obligation is being incurred by any Borrower or any Subsidiary of a 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 BorrowerBorrowers or their Subsidiaries.

Appears in 13 contracts

Samples: Credit Agreement (Cryolife Inc), Loan and Security Agreement (Childrens Place Retail Stores Inc), Credit Agreement (Oasis Interval Ownership, LLC)

Fraudulent Transfer. (a) each Borrower is Solvent. (b) No transfer of property is being made by any Borrower and no obligation is being incurred by any 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 BorrowerBorrowers.

Appears in 11 contracts

Samples: Loan and Security Agreement (Harolds Stores Inc), Loan and Security Agreement (Hudson Highland Group Inc), Loan and Security Agreement (Jalou Cashs LLC)

Fraudulent Transfer. (a) Borrower Each Obligor is Solvent. (b) No transfer of property is being made by Borrower an Obligor and no obligation is being incurred by Borrower an Obligor 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 Borrowersuch Obligor.

Appears in 4 contracts

Samples: Loan and Security Agreement (Guitar Center Inc), Loan and Security Agreement (Guitar Center Inc), Loan and Security Agreement (Guitar Center Inc)

Fraudulent Transfer. (a) Borrower is The Borrowers on a consolidated basis are Solvent. (b) No transfer of property is being made by any Borrower and no obligation is being incurred by any 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 BorrowerBorrowers.

Appears in 4 contracts

Samples: Loan and Security Agreement (Old Evangeline Downs Capital Corp), Loan and Security Agreement (Peninsula Gaming Corp), Loan and Security Agreement (Old Evangeline Downs LLC)

Fraudulent Transfer. (a) The Borrower is Solvent. (b) . No transfer of property is being made by the Borrower and no obligation is being incurred by the 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 the Borrower.

Appears in 3 contracts

Samples: Credit and Security Agreement (Corsair Components, Inc.), Credit and Security Agreement (Netlist Inc), Credit and Security Agreement (International Displayworks Inc)

Fraudulent Transfer. (a) Borrower is Solvent[intentionally omitted.] (b) No transfer of property is being made by Borrower and no obligation is being incurred by 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.

Appears in 2 contracts

Samples: Loan and Security Agreement (Phonetel Technologies Inc), Loan and Security Agreement (Phonetel Technologies Inc)

Fraudulent Transfer. (a) Borrower is and its Subsidiaries are Solvent. (b) No transfer of property is being made by Borrower and no obligation is being incurred by 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.

Appears in 2 contracts

Samples: Loan and Security Agreement (HPSC Inc), Loan and Security Agreement (HPSC Inc)

Fraudulent Transfer. (a) Borrower is Solvent. (b) . No transfer of property is being made by Borrower and no obligation is being incurred by 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.

Appears in 2 contracts

Samples: Credit and Security Agreement (Landec Corp \Ca\), Credit Agreement (Landec Corp \Ca\)

Fraudulent Transfer. (a) Each Borrower is Solvent. (b) No transfer of property is being made by any Borrower and no obligation is being incurred by any 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 any Borrower.

Appears in 2 contracts

Samples: Loan and Security Agreement (Zanett Inc), Loan and Security Agreement (Zanett Inc)

Fraudulent Transfer. (a) Borrower is The Obligors, taken as a whole, are Solvent. (b) No transfer of property is being made by Borrower an Obligor and no obligation is being incurred by Borrower an Obligor 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 Borrowersuch Obligor.

Appears in 2 contracts

Samples: Credit Agreement (Philip Services Corp/De), Loan Agreement (Philip Services Corp/De)

Fraudulent Transfer. (a) The Borrower is Solvent. (b) . No transfer of property is being made by The Borrower and no obligation is being incurred by the 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 the Borrower.

Appears in 2 contracts

Samples: Credit and Security Agreement (Pro Dex Inc), Credit and Security Agreement (Pro Dex Inc)

Fraudulent Transfer. (a) Borrower is Solvent. (b) No transfer of property is being made by Borrower and no obligation is being incurred by Borrower in connection with the transactions contemplated by this Agreement LOAN AND SECURITY AGREEMENT — Page 45 or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Fortegra Financial Corp)

Fraudulent Transfer. (a) Borrower is Solvent. (b) No transfer of property is being made by Borrower and no obligation is being incurred by Borrower in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, delay or defraud either present or future creditors of Borrower.

Appears in 1 contract

Samples: Loan Agreement (Abraxas Petroleum Corp)

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Fraudulent Transfer. (a) each Borrower is Solvent. (b) No no transfer of property is being made by any Borrower and no obligation is being incurred by any 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 any Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Hypercom Corp)

Fraudulent Transfer. (a) Borrower is and the Borrower's Domestic Subsidiaries taken as a whole are Solvent. (b) No transfer of property is being made by Borrower or Guarantors and no obligation is being incurred by Borrower or 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 BorrowerBorrower or Guarantors.

Appears in 1 contract

Samples: Loan and Security Agreement (Mortons Restaurant Group Inc)

Fraudulent Transfer. (a) After giving effect to the Transactions and the financing transactions contemplated by this Agreement, Borrower is Solvent. (b) No transfer of property is being made by Borrower and no obligation is being incurred by Borrower 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 Borrower.

Appears in 1 contract

Samples: Credit Agreement (Baseline Oil & Gas Corp.)

Fraudulent Transfer. (ai) Each Borrower is Solvent. (bii) No transfer of property is being made by any Borrower and no obligation is being incurred by any Borrower in connection with the transactions contemplated by this Agreement or the other Cypress Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of Borrowerthe Borrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Amtrol Inc /Ri/)

Fraudulent Transfer. (a) Other than Cyrk.xxx, Xxc., each Borrower is Solvent. (b) No transfer of property is being made by any Borrower and no obligation is being incurred by any 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 BorrowerBorrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Cyrk Inc)

Fraudulent Transfer. (a) Borrower Assuming the consummation of the Existing Credit Agreement, each of Borrower, Servicer and each Originator is Solvent. (b) No transfer of property is being made by Borrower Borrower, Servicer or any Originator and no obligation is being incurred by Borrower Borrower, Servicer or any Originator 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 Borrowerany such Person.

Appears in 1 contract

Samples: Loan and Security Agreement (Foster Wheeler LTD)

Fraudulent Transfer. (a) Borrower is the Borrowers, taken as a whole, are Solvent. (b) No transfer of property is being made by any Borrower and no obligation is being incurred by any 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 BorrowerBorrowers.

Appears in 1 contract

Samples: Loan and Security Agreement (Futurelink Corp)

Fraudulent Transfer. (a) Borrower is and its Subsidiaries, on a consolidated basis, are Solvent. (b) No transfer of property is being made by Borrower or its Subsidiaries and no obligation is being incurred by Borrower 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 BorrowerBorrower or its Subsidiaries.

Appears in 1 contract

Samples: Loan and Security Agreement (Penton Media Inc)

Fraudulent Transfer. (a) Borrower is The Debtors, taken as a whole, are Solvent. (b) No transfer of property is being made by Borrower a Debtor and no obligation is being incurred by Borrower a Debtor 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 Borrowerany Debtor.

Appears in 1 contract

Samples: Guarantor Security Agreement (Majestic Investor Capital Corp)

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