No Bankruptcy/Dissolution Event. No Bankruptcy/Dissolution Event has occurred with respect to Buyer, or if Buyer is a partnership, any of the general partners in Buyer. Buyer has sufficient capital or net worth to meet its obligations, including payment of the Purchase Price, under this Agreement.
No Bankruptcy/Dissolution Event. No Bankruptcy/Dissolution Event has occurred with respect to Buyer or any of its partners or members, as applicable.
No Bankruptcy/Dissolution Event. No Bankruptcy/Dissolution Event has occurred with respect to Offeror, or if Offeror is a partnership, any of the general partners that own an interest in Offeror. Offeror has sufficient capital or net worth to meet its obligations, including payment of the Purchase Price, under this Offer.
No Bankruptcy/Dissolution Event. Seller has not (a) commenced a voluntary case with respect to it or its assets, or to Seller’s knowledge had entered against it a petition, for relief under any federal bankruptcy act or any similar petition, order or decree under any federal or state law or statute relative to bankruptcy, insolvency or other relief for debtors, (b) caused, suffered or consented to the appointment of a receiver, trustee, administrator, conservator, liquidator, or similar official in any federal, state, or foreign judicial or non-judicial proceeding, to hold, administer and/or liquidate all or substantially all of its assets, or (c) made a general assignment for the benefit of creditors.
No Bankruptcy/Dissolution Event. Buyer has not (a) commenced a voluntary case with respect to it or its assets, or had entered against it a petition, for relief under any federal bankruptcy act or any similar petition, order or decree under any federal or state law or statute relative to bankruptcy, insolvency or other relief for debtors, (b) caused, suffered or consented to the appointment of a receiver, trustee, administrator, conservator, liquidator, or similar official in any federal, state, or foreign judicial or non-judicial proceeding, to hold, administer and/or liquidate all or substantially all of its assets, or (c) made a general assignment for the benefit of creditors.
No Bankruptcy/Dissolution Event. No "Bankruptcy/Dissolution Event" (as defined below) has occurred with respect to Buyer. Buyer has sufficient capital or net worth to meet its obligations, including payment of the Purchase Price, under this Agreement.
No Bankruptcy/Dissolution Event. No "Bankruptcy/ Dissolution Event" (as defined below) has occurred with respect to BOP. BOP has sufficient capital or net worth to meet its obligations, including remittance of the Consideration, under this Agreement.
No Bankruptcy/Dissolution Event. No Bankruptcy/Dissolution Event shall have occurred with respect to any of the Developers or an ASC Affiliate.
No Bankruptcy/Dissolution Event. No Bankruptcy/Dissolution Event shall have occurred with respect to any of the Developers or ASC Affiliate. In the event any of the conditions precedent set forth in this Section 2.03 are not met and the Agency is unable to cause the issuance of the Parking Garage Revenue Bonds, the Agency shall offer to the Developers the right to buy the Parking Garage Site for development of the Parking Garage. In the event the Developers elect to acquire the Parking Garage Site pursuant to this Section 2.03, Developers shall pay to the Agency the reuse value of the Parking Garage Site assuming its development as a parking garage and the development of the Project. The Agency shall only transfer the Parking Garage Site to the Developers if the Developers demonstrate to the Agency's reasonable satisfaction that they are prepared to construct the Parking Garage and they have sufficient funds available to construct the Parking Garage. If the Developers do not elect to buy the Parking Garage Site within twelve (12) months of the Agency offering it to the Developers, the Agency shall have the option to retain the Parking Garage Site and develop it with the Parking Garage; provided, however, the Agency and the City shall not be required to obtain the Developers' approval of the Parking Rate Schedule.
No Bankruptcy/Dissolution Event. None of the following shall have occurred with respect to Seller (a) the commencement of a case under Title 11 of the United States Bankruptcy Code, as now constituted or hereafter amended, or under any other applicable bankruptcy law or other similar law; (b) the appointment of a trustee or receiver of any substantial property interest; (c) a general assignment for the benefit of creditors; (d) an attachment, execution or other judicial seizure of a substantial property interest; or (e) a dissolution. If any of the conditions specified in this Section 9.1 is not timely satisfied (or waived) by the Closing Date (as may be extended pursuant to the provisions in this Agreement), Buyer shall have the right to terminate this Agreement and receive a refund of the Deposit by giving written notice of such termination to Seller and Escrow Agent by the Closing Date (as may be extended pursuant to the provisions in this Agreement). After Closing, Buyer shall not have any right to terminate this Agreement or rescind its purchase of the Hotel by reason of the failure of any such condition, whether or not such failure was known to or discoverable by Buyer prior to Closing.
