No Bankruptcy or Insolvency. The Company has not filed any voluntary petition in bankruptcy or been adjudicated a bankrupt or insolvent, filed by petition or answer seeking any reorganization, liquidation, dissolution or similar relief under any federal bankruptcy, insolvency, or other debtor relief law, or sought or consented to or acquiesced in the appointment of any trustee, receiver, conservator or liquidator of all or any substantial part of its properties. No court of competent jurisdiction has entered an order, judgment or decree approving a petition filed against the Company seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any federal bankruptcy act, or other debtor relief law, and no other liquidator has been appointed of the Company or of all or any substantial part of its properties.
No Bankruptcy or Insolvency. No order has been made, or petition presented, for the winding-up or bankruptcy of any of the Stockholders, the Company or any of its Subsidiaries. None of the Company, any of its Subsidiaries or any Stockholder has had: (i) any petition or order for winding-up or bankruptcy filed against it; (ii) any appointment of a receiver over the whole or part of the undertaking of its assets; (iii) any petition or order for administration against it; (iv) any distress or execution or other process levied in respect of it which remain undischarged; or (v) any unfulfilled or unsatisfied judgment or court order against it over the amount of $5,000.
No Bankruptcy or Insolvency. No order has been made or petition presented or resolution passed for the winding-up or bankruptcy of the Company, nor has the Company had (i) any petition or order for winding-up or bankruptcy filed against it, (ii) any appointment of a receiver over the whole or part of its assets, (iii) any petition or order for administration against it, (iv) any voluntary arrangement between any creditor and it, (v) any pending distress or execution or other process levied in respect of it, or (vi) been insolvent; there is no circumstances which would entitle any Person to present a petition for the winding-up or administration (or like action) of the Company or to appoint a receiver over the whole or any part of its undertaking or assets.
No Bankruptcy or Insolvency. (a) To the best knowledge of the Seller, no order has been made, or petition presented, or resolution passed for the winding-up of the Company or the Related Entity or the Seller. None of the Company or the Related Entity or the Seller has had:
(i) any petition or order for winding-up filed against it;
(ii) any appointment of a receiver over the whole or part of the undertaking of its assets;
(iii) any petition or order for administration against it;
(iv) any voluntary arrangement between any creditor and it;
(v) any distress or execution or other process levied in respect of it which remain undischarged; or
(vi) any unfulfilled or unsatisfied judgment or court order against it over the amount of US$100,000.
(b) None of the Company or the Related Entity or the Seller is insolvent and each can pay its debts as and when they fall due if and only if the Debt and the Remaining Optic Debt are disregarded.
(c) To the best knowledge of the Seller, there are no circumstances which would entitle any Person to successfully present a petition for the winding-up or administration of the Company or the Related Entity or the Seller or to appoint a receiver over the whole or any part of the undertaking or assets of the Company or the Related Entity or the Seller.
No Bankruptcy or Insolvency. The Company is not in or subject to a bankruptcy or insolvency proceeding in any jurisdiction.
No Bankruptcy or Insolvency. It is not bankrupt or insolvent and there are no proceedings pending or being contemplated by it or, to its knowledge, threatened against it which would result in being or becoming bankrupt or insolvent.
No Bankruptcy or Insolvency. Company has not: (a) filed any voluntary or had involuntarily filed against it in any court or with any governmental body, a petition in bankruptcy or insolvency or seeking to effect any plan or other arrangement with creditors, or seeking the appointment of a receiver; (b) had a receiver, conservator or liquidating agent or similar person appointed for all or a substantial portion of its assets, suffered the attachment or other judicial seizure of all, or substantially all of its assets; (c) given notice to any person or governmental body of insolvency; or (d) made an assignment for the benefit of its creditors or taken any other similar action for the protection or benefit of its creditors. Company is solvent and will not be rendered insolvent by the performance of its obligations under this Agreement.
No Bankruptcy or Insolvency. Seller has not: (a) filed any voluntary or had involuntarily filed against it in any court or with any governmental body pursuant to any statute either of the United States or of any State, a petition in bankruptcy or insolvency or seeking to effect any plan or other arrangement with creditors, or seeking the appointment of a receiver; (b) had a receiver, conservator or liquidating agent or similar person appointed for all or a substantial portion of its assets, suffered the attachment or other judicial seizure of all, or substantially all of its assets; (c) given notice to any person or governmental body of insolvency; or (d) made an assignment for the benefit of its creditors or taken any other similar action for the protection or benefit of its creditors. Seller is not insolvent, and Seller will not be rendered insolvent by the performance of its obligations under this Agreement.
No Bankruptcy or Insolvency. No petition has been filed by or against the Company or any Subsidiary of the Company under any bankruptcy, insolvency, reorganization, liquidation, moratorium or similar law nor to the knowledge of the Company has such action or similar action been threatened. No trustee or receiver over the Company or any Subsidiary of the Company or their respective assets has been appointed and no application or petition for such appointment has been made or filed nor to the knowledge of the Company has any person threatened any such or similar action.
No Bankruptcy or Insolvency. As of the date of Agreement or the Security Agreement and Guaranty; and the enforcement thereof, and (b) the enforcement this Agreement, Borrower. and Guarantors represent (b) any representation or warranty by Borrower or of SFSI's remedies set forth in Section 3.2 above, that they are not Insolvent and have not filed any Owner/Guarantor in this Agreement or the Security including but not limited to court costs and attorneys' petition for bankruptcy protection under Title 11 of Agreement and Guaranty shall prove to have been fees.
