Fraudulent Transfer. (a) Each of Borrower and each of its Subsidiaries is 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 Borrower or its Subsidiaries.
Appears in 21 contracts
Samples: Credit Agreement (Sanfilippo John B & Son Inc), Credit Agreement (Sanfilippo John B & Son Inc), Credit Agreement (Sanfilippo John B & Son Inc)
Fraudulent Transfer. (a) Each of Borrower and each of its Subsidiaries is Solvent.
(b) No transfer of property is being made by any Borrower or its Subsidiaries and no obligation is being incurred by any 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 Borrower or its SubsidiariesBorrowers.
Appears in 17 contracts
Samples: Loan and Security Agreement (Silicon Graphics Inc /Ca/), Loan and Security Agreement (Metalico Inc), Credit Agreement (Silicon Graphics Inc)
Fraudulent Transfer. (a) Each of Borrower and each of its Subsidiaries is The Loan Parties 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 Borrower or its Subsidiaries.
Appears in 7 contracts
Samples: Loan and Security Agreement (Freshpet, Inc.), Loan and Security Agreement (Freshpet, Inc.), Loan and Security Agreement (Freshpet, Inc.)
Fraudulent Transfer. (a) Each of Borrower and each of its Subsidiaries is 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 Borrower or its Subsidiaries.
Appears in 5 contracts
Samples: Loan and Security Agreement (Sharper Image Corp), Loan and Security Agreement (Sharper Image Corp), Loan and Security Agreement (OVERSTOCK.COM, Inc)
Fraudulent Transfer. (a) Each of Borrower and each of its Subsidiaries is Solvent.
(b) No transfer of property is being made by Borrower or its Subsidiaries any Company and no obligation is being incurred by Borrower or its Subsidiaries any Company 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 its SubsidiariesCompanies.
Appears in 3 contracts
Samples: Loan and Security Agreement (Telos Corp), Loan and Security Agreement (Telos Corp), Loan and Security Agreement (Telos Corp)
Fraudulent Transfer. (a) Each of Borrower and each of its Subsidiaries is Solvent.
(b) No transfer of property is being made by Borrower or its Subsidiaries any Subsidiary of Borrower and no obligation is being incurred by Borrower or its Subsidiaries any Subsidiary of 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 or its Subsidiaries.
Appears in 3 contracts
Samples: Second Lien Credit Agreement (Bakers Footwear Group Inc), Second Lien Credit Agreement (Bakers Footwear Group Inc), Second Lien Credit Agreement (Bakers Footwear Group Inc)
Fraudulent Transfer. (ai) Each of Borrower The Company and each of its Subsidiaries is Solvent.
(bii) No transfer of property is being made by Borrower the Company or any of its Subsidiaries Subsidiaries, and no obligation is being incurred by Borrower the Company or any of its Subsidiaries 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 Borrower the Company or any of its Subsidiaries.
Appears in 2 contracts
Samples: Subordination Agreement (Tontine Capital Partners L P), Subordination Agreement (Patrick Industries Inc)
Fraudulent Transfer. (a) Each of Borrower and each of its Subsidiaries is Borrowers, together with their Restricted Subsidiaries, taken as a whole, are Solvent.
(b) No transfer of property is being made by any Borrower or any of its Restricted Subsidiaries and no obligation is being incurred by any Borrower or any of its Restricted 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 Borrower Borrowers or its any of their respective Restricted Subsidiaries.
Appears in 2 contracts
Samples: Credit Agreement (TB Wood's INC), Credit Agreement (Altra Industrial Motion, Inc.)
Fraudulent Transfer. (a) Each of Borrower (i) Borrowers and each of its Subsidiaries their respective Subsidiaries, on a consolidated basis, are Solvent and (ii) Enterprises is Solvent.
(b) No transfer of property is being made by any Borrower or its Subsidiaries any Subsidiary of any Borrower and no obligation is being incurred by any Borrower or its Subsidiaries any such Subsidiary 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 Borrower or its Subsidiariesany such Subsidiary.
Appears in 2 contracts
Samples: Loan Agreement (American Restaurant Group Inc), Loan Agreement (Arg Property Management Corp)
Fraudulent Transfer. (a) Each of Borrower and each of its Subsidiaries is the Restricted Subsidiaries, taken as a whole, 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 Borrower or its Subsidiaries.
Appears in 2 contracts
Samples: Loan and Security Agreement (Hudson Respiratory Care Inc), Loan and Security Agreement (Hudson Respiratory Care Inc)
Fraudulent Transfer. (a) Each of Active Borrower and each of its Subsidiaries is Solvent.
(b) No transfer of property is being made by any Borrower or its Subsidiaries and no obligation is being incurred by any 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 Borrower or its SubsidiariesBorrowers.
Appears in 2 contracts
Samples: Credit Agreement (Trizetto Group Inc), Credit Agreement (Trizetto Group Inc)
Fraudulent Transfer. (a) Each of Borrower and each of its Subsidiaries is 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 Borrower or its Subsidiaries.
Appears in 2 contracts
Samples: Credit Agreement (Transtechnology Corp), Credit Agreement (Transtechnology Corp)
Fraudulent Transfer. (a) Each of Borrower and each of its Subsidiaries their respective Restricted Subsidiaries, taken as a whole, is Solvent.
(b) No transfer of property is being made by any Borrower or any of its Restricted Subsidiaries and no obligation is being incurred by any Borrower or any of its Restricted 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 Borrower Borrowers or its any of their respective Restricted Subsidiaries.
Appears in 2 contracts
Samples: Credit Agreement (Altra Industrial Motion, Inc.), Credit Agreement (Boston Gear LLC)
Fraudulent Transfer. (a) Each of Borrower and each of its Subsidiaries is Solvent.
(b) No transfer of property is being made by any Borrower or its Subsidiaries any Subsidiary of a Borrower and no obligation is being incurred by any Borrower or its Subsidiaries 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 Borrower Borrowers or its their Subsidiaries.
Appears in 2 contracts
Samples: Credit Agreement (Buca Inc /Mn), Credit Agreement (Buca Inc /Mn)
Fraudulent Transfer. (a) Each of Borrower Parent, Borrower, and each of its Borrower’s Subsidiaries is Solvent.
(b) No transfer of property is being made by Borrower Parent, Borrower, or its Borrower’s Subsidiaries and no obligation is being incurred by Borrower Parent, Borrower, or its Borrower’s 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 Borrower Parent, Borrower, or its Borrower’s Subsidiaries.
Appears in 2 contracts
Samples: Credit Agreement (Hawaiian Holdings Inc), Credit Agreement (Hawaiian Holdings Inc)
Fraudulent Transfer. (a) Each of Borrower and each of its Subsidiaries is The Borrowers, taken as a whole, are Solvent.
(b) No transfer of property is being made by any Borrower or its Subsidiaries and no obligation is being incurred by any 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 Borrower or its SubsidiariesBorrowers.
Appears in 2 contracts
Samples: Loan and Security Agreement (Ultimate Electronics Inc), Loan and Security Agreement (Ultimate Electronics Inc)
Fraudulent Transfer. (a) Each of Borrower and each of its Subsidiaries is Solvent.
(b) No transfer of property is being made by any Borrower or its Subsidiaries any Subsidiary and no obligation is being incurred by any Borrower in or its Subsidiaries in any Subsidiary 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 its their Subsidiaries.
Appears in 1 contract
Fraudulent Transfer. (a) Each of The Borrower and each of its Subsidiaries is Solvent.
(b) No transfer of property is being made by the Borrower or its Subsidiaries the Guarantor and no obligation is being incurred by the Borrower or its Subsidiaries the 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 its Subsidiariesthe Guarantor.
Appears in 1 contract
Fraudulent Transfer. (a) Each of Borrower and each Subsidiary of its Subsidiaries a Borrower is Solvent.
(b) No transfer of property is being made by any Borrower or its Subsidiaries any Subsidiary or a Borrower and no obligation is being incurred by any Borrower or its Subsidiaries 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 Borrower Borrowers or its their Subsidiaries.
Appears in 1 contract
Fraudulent Transfer. (a) Each of Borrower and each of its Restricted Subsidiaries is Solvent.
(b) No transfer of property is being made by Borrower or its Subsidiaries any Restricted Subsidiary and no obligation is being incurred by Borrower or its Subsidiaries any Restricted Subsidiary 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 its Subsidiariessuch Loan Party.
Appears in 1 contract
Fraudulent Transfer. (a) Each of Borrower and each of its Subsidiaries is Borrowers taken as a whole are Solvent.
(b) No transfer of property is being made by any Borrower or its Subsidiaries and no obligation is being incurred by any 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 Borrower or its Subsidiariessuch Borrower.
Appears in 1 contract
Samples: Credit Agreement (Lincoln Educational Services Corp)
Fraudulent Transfer. (a) Each of Borrower and each of its Domestic Subsidiaries is Solvent and Borrower and its Subsidiaries are, on a consolidated basis, 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 Borrower or its Subsidiaries.
Appears in 1 contract
Samples: Credit Agreement (Lexar Media Inc)
Fraudulent Transfer. (a) Each of Borrower and each of its Subsidiaries is Solvent.
(b) No transfer of property is being made by Borrower or its Subsidiaries any Subsidiary and no obligation is being incurred by Borrower or its Subsidiaries any Subsidiary 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 or its Subsidiariesany Subsidiary.
Appears in 1 contract
Samples: Loan and Security Agreement (New World Restaurant Group Inc)
Fraudulent Transfer. (a) Each of Borrower and each Operating Subsidiary of its Subsidiaries a Borrower is Solvent.
(b) No transfer of property is being made by any Borrower or its Subsidiaries any Subsidiary of a Borrower and no obligation is being incurred by any Borrower or its Subsidiaries 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 Borrower Borrowers or its their Subsidiaries.
Appears in 1 contract
Samples: Credit Agreement (Youbet Com Inc)
Fraudulent Transfer. (a) Each of Borrower and each Domestic Subsidiary of its Subsidiaries a Borrower is Solvent.
(b) No transfer of property is being made by any Borrower or its Subsidiaries any Domestic Subsidiary of a Borrower and no obligation is being incurred by any Borrower or its Subsidiaries any Domestic 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 Borrower Borrowers or its their Domestic Subsidiaries.
Appears in 1 contract
Samples: Loan and Security Agreement (Phibro Animal Health Corp)
Fraudulent Transfer. (a) Each of The Borrower and each of its Subsidiaries is Subsidiaries, taken as a whole, 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 Borrower or its Subsidiaries.
Appears in 1 contract
Fraudulent Transfer. (a) Each of Borrower and each of its Subsidiaries is Solvent.
(b) No transfer of property is being made by any Borrower or its Subsidiaries and no obligation is being incurred by any 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 Borrower or its Subsidiariessuch Borrower.
Appears in 1 contract
Samples: Credit Agreement (Dixie Group Inc)
Fraudulent Transfer. (a) Each of Borrower and each of its Subsidiaries Debtor is Solvent.
(b) No transfer of property is being made by Borrower or its Subsidiaries a Debtor and no obligation is being incurred by Borrower or its Subsidiaries 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 Borrower or its Subsidiariesany Debtor.
Appears in 1 contract
Fraudulent Transfer. (a) Each of Borrower and each of its Subsidiaries is Solvent.
(b) No transfer of property is being made by any Borrower or its Subsidiaries and no obligation is being incurred by any 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 defraud, or to prefer either present or future creditors of Borrower or its SubsidiariesBorrowers.
Appears in 1 contract
Samples: Loan and Security Agreement (Mercator Software Inc)
Fraudulent Transfer. (a) Each of Borrower is Solvent and each of its Subsidiaries is the Credit Parties and their respective Subsidiaries, taken as a whole, are Solvent.
(b) No transfer of property is being made by Borrower any Credit Party or any of its Subsidiaries and no obligation is being incurred by Borrower any Credit 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 Borrower any Credit Party or its Subsidiaries.
Appears in 1 contract
Fraudulent Transfer. (a) Each of Borrower and each of its Subsidiaries is Solvent.
(b) . No transfer of property is being made by any Borrower or its Subsidiaries and no obligation is being incurred by any 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 Borrower or its SubsidiariesBorrowers.
Appears in 1 contract
Samples: Loan Agreement (Synalloy Corp)
