Common use of Projections; Solvency Certificate Clause in Contracts

Projections; Solvency Certificate. On or prior to the Initial Borrowing Date, there shall have been delivered to the Lenders: (i) projected financial and cash flow statements for the Corporation and its Subsidiaries for the period from the Initial Borrowing Date to and including at least December 31, 2013 (the “Projections”), which Projections (x) shall reflect the forecasted financial condition, income and expenses and cash flows of the Corporation and its Subsidiaries after giving effect to the Transaction and the related financing thereof and the other transactions contemplated hereby and thereby and (y) shall be in form and substance reasonably satisfactory to the Agents and the Required Lenders; and (ii) a solvency certificate from the chief financial officer or treasurer of the Corporation in form and substance satisfactory to the Agents and the Required Lenders, addressed to the Agents and the Lenders and dated the Initial Borrowing Date, setting forth the conclusions that, after giving effect to the Transaction, the Corporation and its Subsidiaries, taken as a whole, are not insolvent and will not be rendered insolvent by the indebtedness incurred in connection therewith, will not be left with unreasonably small capital with which to engage in their business and will not have incurred debts beyond their ability to pay debts as they mature.

Appears in 2 contracts

Samples: Credit Agreement (Starwood Hotel & Resorts Worldwide, Inc), Credit Agreement (Starwood Hotel & Resorts Worldwide Inc)

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Projections; Solvency Certificate. On or prior to the Initial Borrowing Closing Date, there shall have been delivered to the Lenders: (i) projected financial and cash flow statements for the Corporation Borrower and its Subsidiaries for the period from the Initial Borrowing Closing Date to and including at least December 31, 2013 2010 (the “Projections”), which Projections (x) shall reflect the forecasted financial condition, income and expenses and cash flows of the Corporation Borrower and its Subsidiaries after giving effect to the Transaction and the related financing thereof and the other transactions contemplated hereby and thereby and (y) shall be in form and substance reasonably satisfactory to the Agents and the Required Lenders; and (ii) a solvency certificate from the chief financial officer or treasurer of the Corporation Borrower in form and substance satisfactory to the Agents and the Required Lenders, addressed to the Agents and the Lenders and dated the Initial Borrowing Closing Date, setting forth the conclusions that, after giving effect to the Transaction, the Corporation Borrower and its Subsidiaries, taken as a whole, are not insolvent and will not be rendered insolvent by the indebtedness incurred in connection therewith, will not be left with unreasonably small capital with which to engage in their business and will not have incurred debts beyond their ability to pay debts as they mature.

Appears in 1 contract

Samples: Credit Agreement (Starwood Hotel & Resorts Worldwide Inc)

Projections; Solvency Certificate. On or prior to the Initial Borrowing Date, there shall have been delivered to the Lenders: (i) projected financial and cash flow statements for the Corporation and its Subsidiaries for the period from the Initial Borrowing Date to and including at least December 31, 2013 2010 (the “Projections”), which Projections (x) shall reflect the forecasted financial condition, income and expenses and cash flows of the Corporation and its Subsidiaries after giving effect to the Transaction and the related financing thereof and the other transactions contemplated hereby and thereby and (y) shall be in form and substance reasonably satisfactory to the Agents and the Required Lenders; and (ii) a solvency certificate from the chief financial officer or treasurer of the Corporation in form and substance satisfactory to the Agents and the Required Lenders, addressed to the Agents and the Lenders and dated the Initial Borrowing Date, setting forth the conclusions that, after giving effect to the Transaction, the Corporation and its Subsidiaries, taken as a whole, are not insolvent and will not be rendered insolvent by the indebtedness incurred in connection therewith, will not be left with unreasonably small capital with which to engage in their business and will not have incurred debts beyond their ability to pay debts as they mature.

Appears in 1 contract

Samples: Credit Agreement (Starwood Hotel & Resorts Worldwide Inc)

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Projections; Solvency Certificate. On or prior to the Initial Borrowing Date, there shall have been delivered to the Lenders: (i) projected financial and cash flow statements for the Corporation and its Subsidiaries for the period from the Initial Borrowing Date to and including at least December 31, 2013 2006 (the “Projections”"PROJECTIONS"), which Projections (x) shall reflect the forecasted financial condition, income and expenses and cash flows of the Corporation and its Subsidiaries after giving effect to the Transaction and the related financing thereof and the other transactions contemplated hereby and thereby and (y) shall be in form and substance reasonably satisfactory to the Agents and the Required Lenders; and (ii) a solvency certificate from the chief financial officer or treasurer of the Corporation in form and substance satisfactory to the Agents and the Required Lenders, addressed to the Agents and the Lenders and dated the Initial Borrowing Date, setting forth the conclusions that, after giving effect to the Transaction, the Corporation and its Subsidiaries, taken as a whole, are not insolvent and will not be rendered insolvent by the indebtedness incurred in connection therewith, will not be left with unreasonably small capital with which to engage in their business and will not have incurred debts beyond their ability to pay debts as they mature.

Appears in 1 contract

Samples: Credit Agreement (Starwood Hotels & Resorts)

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