Fraudulent Transfer. (a) Parent, each Borrower and each of their respective Subsidiaries is Solvent. (b) No transfer of property is being made by Parent, any Borrower or any of their respective Subsidiaries and no obligation is being incurred by Parent, any Borrower or any of their respective 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 Parent, Borrowers or any of their respective Subsidiaries.
Appears in 3 contracts
Samples: Credit Agreement (Monotype Imaging Holdings Inc.), Credit Agreement (Monotype Imaging Holdings Inc.), Credit Agreement (Monotype Imaging Holdings Inc.)
Fraudulent Transfer. (a) Parent, each Borrower and each of their respective Subsidiaries is Solvent.
(b) No transfer of property is being made by Parent, any Borrower or any of their respective Subsidiaries and no obligation is being incurred by Parent, any Borrower or any of their respective 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 Parent, Borrowers or any of their respective Subsidiaries.
Appears in 3 contracts
Samples: Loan and Security Agreement (Trust Created February 25 1986), Loan and Security Agreement (Evergreen Holdings Inc), Loan and Security Agreement (Evergreen International Aviation Inc)
Fraudulent Transfer. (a) ParentParent and each Borrower, each Borrower and each of their respective Subsidiaries is Subsidiaries, are Solvent.
(b) No transfer of property is being made by ParentParent or any Borrower, any Borrower or any of their respective Subsidiaries Subsidiaries, and no obligation is being incurred by ParentParent or any Borrower, any Borrower or any of their respective Subsidiaries 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 ParentParent or any Borrower, Borrowers or any of their respective Subsidiaries.
Appears in 2 contracts
Samples: Loan and Security Agreement (Majestic Investor Capital Corp), Loan and Security Agreement (Majestic Investor Capital Corp)
Fraudulent Transfer. (a) Parent, each Borrower Each of Parent and each of their respective its Restricted Subsidiaries is Solvent.
(b) No transfer of property is being made by Parent, any Borrower Parent or any of their respective its Restricted Subsidiaries and no obligation is being incurred by Parent, any Borrower Parent or any of their respective its Restricted Subsidiaries 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 Parent, Borrowers Parent or any of their respective Subsidiariessuch Restricted Subsidiary.
Appears in 2 contracts
Samples: Credit Agreement (Golden Nugget Online Gaming, Inc.), Credit Agreement (Golden Nugget Online Gaming, Inc.)
Fraudulent Transfer. (a) Parent, each Borrower Each of Parent and each of their respective its Subsidiaries is Solvent.
(b) No transfer of property is being made by Parent, any Borrower Parent or any of their respective its Subsidiaries and no obligation is being incurred by Parent, any Borrower Parent or any of their respective 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 Parent, Borrowers Parent or any of their respective its Subsidiaries.
Appears in 2 contracts
Samples: Loan and Security Agreement (Interdent Inc), Credit Agreement (Storm Cat Energy CORP)
Fraudulent Transfer. (a) Each of Parent, each Borrower Borrower, and each of their respective Borrower's Subsidiaries is Solvent.
(b) No transfer of property is being made by Parent, any Borrower Borrower, or any of their respective Borrower's Subsidiaries and no obligation is being incurred by Parent, any Borrower Borrower, or any of their respective 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 Parent, Borrowers Borrower, or any of their respective Borrower's Subsidiaries.
Appears in 2 contracts
Samples: Credit Agreement (Hawaiian Holdings Inc), Credit Agreement (Hawaiian Holdings Inc)
Fraudulent Transfer. (a) Parent, each Borrower Parent and each of their respective its Subsidiaries is are Solvent.
(b) No transfer of property is being made by Parent, any Borrower Parent or any of their respective its Subsidiaries and no obligation is being incurred by Parent, any Borrower Parent or any of their respective 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 Parent, Borrowers Parent or any of their respective its Subsidiaries.
Appears in 1 contract
Samples: Loan and Security Agreement (eTelecare Global Solutions, Inc.)
