No Bankruptcy/Insolvency. The Vendor is not insolvent, has not committed an act of bankruptcy, has not proposed a compromise or arrangement to its creditors generally, has not had any petition for a receiving order in bankruptcy filed against it, has not taken any proceeding with respect to a compromise or arrangement, has not taken any proceeding to have itself declared bankrupt or wound-up, has not taken any proceeding to have a receiver appointed of any part of its assets, has not had any encumbrance take possession of any of its property, nor has it had any execution or distress become enforceable or become levied upon any of its property.
No Bankruptcy/Insolvency. Each of the Purchaser and Digagogo is not insolvent, has not committed an act of bankruptcy, has not proposed a compromise or arrangement to its or his creditors generally, has not had any petition for a receiving order in bankruptcy filed against it or him, has not taken any proceeding with respect to a compromise or arrangement, has not taken any proceeding to have itself declared bankrupt or wound-up, has not taken any proceeding to have a receiver appointed of any part of its or his assets, has not had any encumbrance take possession of any of its or his property, nor has the Purchaser or Digagogo had any execution or distress become enforceable or become levied upon any of its or his respective property;
No Bankruptcy/Insolvency. Vendor is not insolvent, has not committed an act of bankruptcy, proposed a compromise or arrangement to its creditors generally, had any petition for a receiving order in bankruptcy filed against it, taken any proceeding with respect to a compromise or arrangement, taken any proceeding to have itself declared bankrupt or wound-up, taken any proceeding to have a receiver appointed over any part of its assets, had any encumbrancer take possession of any of its property, or had any execution or distress become enforceable or become levied upon any of its property.
No Bankruptcy/Insolvency. There are no bankruptcy, insolvency, reorganization or arrangement proceedings pending, being contemplated by, or to Seller’s Knowledge, threatened against such Seller Party. Seller is not insolvent, and will not be rendered insolvent by any of the transactions contemplated by this Agreement. As used in this Section 4.1(m), “insolvent” means that the sum of Seller’s debts and other probable liabilities exceeds the present fair saleable value of Seller’s assets.
No Bankruptcy/Insolvency. The transaction contemplated under this Agreement will not render Buyer unable to pay debts as they become due. Buyer is not presently contemplating a bankruptcy filing, nor is Buyer aware of any creditor who has threatened to file any bankruptcy action against it.
No Bankruptcy/Insolvency. Such Shareholder or such Key Employee, ------------------------ as the case may be, is not insolvent, has not committed an act of bankruptcy, proposed a compromise or arrangement, or filed a proposal, to its creditors generally, had any petition for a receiving order in bankruptcy filed against it, taken any proceeding with respect to a compromise or arrangement, taken any proceeding to have itself declared bankrupt or wound-up, taken any proceeding to have a receiver appointed for any part of its assets, had an encumbrancer or any other person take possession of any of its property, or had any execution or distress become enforceable or become levied upon any of its property.
No Bankruptcy/Insolvency. Seller is not insolvent, has not committed an act of bankruptcy, proposed a compromise or arrangement to its creditors generally, had any petition for a receiving order in bankruptcy filed against it, taken any proceeding with respect to a compromise or arrangement, taken any proceeding to have itself declared bankrupt or wound-up or taken any proceeding to have a receiver appointed for any part of its Acquired Assets.
No Bankruptcy/Insolvency. Each of Xxxx, Xxxx Trust and Dion Newco is not insolvent, has not committed an act of bankruptcy, proposed a compromise or arrangement to its creditors generally, had any petition for a receiving order in bankruptcy filed against it, taken any proceeding with respect to a compromise or arrangement, taken any proceeding to have itself declared bankrupt or wound-up, taken any proceeding to have a receiver appointed for any part of its assets, had an encumbrancer take possession of any of its property, or had any execution or distress become enforceable or become levied upon any of its property.
No Bankruptcy/Insolvency. Xxxx is not insolvent, has not committed an act of bankruptcy, proposed a compromise or arrangement to its creditors generally, had any petition for a receiving order in bankruptcy filed against it, taken any proceeding with respect to a compromise or arrangement, taken any proceeding to have itself declared bankrupt, taken any proceeding to have a receiver appointed for any part of its assets, had an encumbrancer take possession of any of its property, or had any execution or distress become enforceable or become levied upon any of its property.
No Bankruptcy/Insolvency. At the Closing Date, neither the Vendor nor Gold Cap will be insolvent, nor have committed any act of bankruptcy or the like, proposed a compromise or arrangement to its creditors generally, had any petition for a receiving order in bankruptcy or the like filed against it, taken any proceeding with respect to a compromise or arrangement, taken any proceeding to have itself declared bankrupt or wound-up, taken any proceeding to have a receiver or the like appointed over any part of its assets, had any encumbrancer take possession of any of its property, or had any execution or distress or the like become enforceable or become levied upon any of its property.
