Purchase When Insolvent. The Company must not make a payment or provide any other consideration to purchase or otherwise acquire any of its shares if there are reasonable grounds for believing that: (1) the Company is insolvent; or (2) making the payment or providing the consideration would render the Company insolvent.
Appears in 28 contracts
Samples: Incorporation Agreement (QualTek Wireline LLC), Separation and Distribution Agreement (Inpixon), Acquisition Agreement
Purchase When Insolvent. The Company must not make a payment or provide any other consideration to purchase purchase, redeem or otherwise acquire any of its shares if there are reasonable grounds for believing that:
(1) the Company is insolvent; or
(2) making the payment or providing the consideration would render the Company insolvent.
Appears in 13 contracts
Samples: Business Combination Agreement (Plum Acquisition Corp. III), Amalgamation Agreement, Share Purchase Agreement
Purchase When Insolvent. The Company must not make a payment or provide any other consideration to purchase or otherwise acquire any of its shares if there are reasonable grounds for believing that:
(1a) the Company is insolvent; or
(2b) making the payment or providing the consideration would render the Company insolvent.
Appears in 10 contracts
Samples: Business Combination Agreement (Screaming Eagle Acquisition Corp.), Business Combination Agreement (Jupiter Acquisition Corp), Incorporation Agreement (BirchBioMed Inc.)
Purchase When Insolvent. The Company must not make a payment or provide any other consideration to purchase purchase, redeem or otherwise acquire any of its shares if there are reasonable grounds for believing that:
(1a) the Company is insolvent; or
(2b) making the payment or providing the consideration would render the Company insolvent.
Appears in 4 contracts
Samples: Business Combination Agreement (Forbion European Acquisition Corp.), Business Combination Agreement, Business Combination Agreement (Acreage Holdings, Inc.)
Purchase When Insolvent. The Company must not make a payment or provide any other consideration to purchase or otherwise acquire any of its shares if there are reasonable grounds for believing that:
(1) the Company is insolvent; or
(2) making the payment or providing the consideration would render the Company insolvent.
Appears in 4 contracts
Samples: Business Combination Agreement (Plum Acquisition Corp. III), Business Combination Agreement (Schultze Special Purpose Acquisition Corp.), Amending Agreement (Hawthorne Gold Corp.)
Purchase When Insolvent. The Company must not make a payment or provide any other consideration to purchase purchase, redeem or otherwise acquire any of its shares if there are reasonable grounds for believing that:
(1) the Company is insolvent; or
(2) making the payment or providing the consideration would render the Company insolvent.
Appears in 3 contracts
Samples: Amalgamation Agreement, Amalgamation Agreement, Amalgamation Agreement
Purchase When Insolvent. The Company must not make a payment or provide any other consideration to purchase or otherwise acquire any of its shares if there are reasonable grounds for believing that:
(1) the Company is insolvent; or
(2) making the payment or providing the consideration would render the Company insolvent.insolvent.β
Appears in 2 contracts
Samples: Amalgamation Agreement, Business Combination Agreement
