Positive fair market value. The Transferring Company’s closing balance sheet as at 31 December 2021 shows a positive equity value. Both the Transferring Company and the Acquiring Company have a positive fair market value. As a result of the Merger forming the subject-matter of this Agreement, the Acquiring Company will in any case have a positive market value and will achieve significant savings due to the elimination of the Transferring Company. Even after completion of the Merger, the Acquiring Company shall be in a position to fully satisfy all creditors, if any, of the Transferring Company as well as those of the Acquiring Company or to provide security to such creditors.
