Not Insolvent. The execution, delivery and performance by the Guarantor of this Guarantee will not render the Guarantor insolvent, nor is it being made in contemplation of the Guarantor’s insolvency; the Guarantor does not, in its reasonable judgment, have an unreasonably small capital for conducting its business as presently contemplated by it. The Guarantor is fully solvent (on a cash flow and balance sheet basis) and will be fully solvent immediately following the execution of this Agreement and the other Operative Documents.
Not Insolvent. The Issuer must not be insolvent (i.e., not in bankruptcy or resolution, generally able to make payments during the previous 90 days), and it must not be receiving assistance for the purpose of lending the proceeds to a person or entity that is insolvent. See section 13(3) of the Federal Reserve Act and section 201(d)(5)(iii) of Regulation A of the Board.
Not Insolvent. The fair value of the property of Borrower and its Subsidiaries is greater than the amount of Borrower’s liabilities (including disputed, contingent and unliquidated liabilities) as such value is established and liabilities evaluated for purposes of Section 101(32) of the Bankruptcy Code. The present fair salable value of the property of Borrower and its Subsidiaries in an orderly liquidation of Borrower and its Subsidiaries is not less than the amount that will be required to pay the probable liability of Borrower and its Subsidiaries (to the extent Borrower has liability for any debts of any such Subsidiaries) on their respective debts as they become absolute and matured. Borrower is able to realize upon its property and pay its debts and other liabilities (including disputed, contingent and unliquidated liabilities) as they mature in the normal course of business. Borrower does not intend to, and does not believe that it will, incur debts or liabilities beyond Borrower’s ability to pay as such debts and liabilities mature. Borrower is not engaged in business or a transaction, and is not about to engage in business or a transaction, for which Borrower’s property would constitute unreasonably small capital. None of Borrower, any creditor of Borrower or any other Person has instituted any proceeding or taken any corporate action or executed any agreement in connection with the commencement of any proceeding:
(i) seeking to adjudicate Borrower or any Subsidiary a bankrupt or insolvent;
(ii) seeking liquidation, dissolution, winding-up, reorganization, arrangement, protection, relief or composition of Borrower or any material part of its property or debt, or making a proposal with respect to Borrower under any law relating to bankruptcy, insolvency, reorganization or compromise of debts or other similar laws; or
(iii) seeking appointment of a receiver, trustee, agent, custodian or other similar official for Borrower or for any material part of its properties and assets.
Not Insolvent. Bayswater is not insolvent and has not committed an act of bankruptcy within the meaning of the Bankruptcy Act (Canada).
Not Insolvent. Such Purchaser is not insolvent or unable to make payments as and when they come due, and has not suspended payments to its creditors, and no petition has been filed with respect to such Purchaser for commencement of bankruptcy, civil rehabilitation, special liquidation or other insolvency Proceedings (or other equivalent procedures), nor does any cause for such Proceedings exist. The execution or performance of this Agreement will not cause such Purchaser to become insolvent or to not make or suspend such payments, and to the Knowledge of such Purchaser, there is no risk that such events would occur.
Not Insolvent. The Company is not insolvent or unable to pay its debts.
Not Insolvent. Each Curo Entity is not Insolvent and no step has been taken or is intended to be taken by it or, to the best of its knowledge and belief, by any other Person that would lead to it being Insolvent, and after giving effect to the transactions contemplated by this Guaranty it will not be Insolvent.
Not Insolvent. Seller is not insolvent and has not committed an act of bankruptcy within the meaning of the United States Code Title 11 (Bankruptcy Code) and to the knowledge of Seller no actions have been taken to initiate proceedings for or in respect of the bankruptcy, insolvency, liquidation, dissolution or winding up of Seller.
Not Insolvent. The execution, delivery and performance by the Company of this Performance Guaranty will not render the Company insolvent, nor is it being made in contemplation of the Company's insolvency; the Company does not, in its reasonable judgment, have an unreasonably small capital for conducting its business as presently contemplated by it.
Not Insolvent. The execution, delivery and performance by the Parent Guarantor of this Guaranty will not render the Parent Guarantor insolvent, nor is it being made in contemplation of the Parent Guarantor’s insolvency; the Parent Guarantor does not, in its reasonable judgment, have an unreasonably small capital for conducting its business as presently contemplated by it.
