Solvency Certification. The Company shall have delivered to Avista a certificate from the chief financial officer of the Company, in form reasonably satisfactory to Avista, certifying on behalf of the Company to the effect that the Company and its Subsidiaries, on a consolidated basis are and, immediately after giving effect to the Transactions, will be Solvent.
Solvency Certification. The Administrative Agent shall have received certification as to the solvency of the Borrower and its Subsidiaries on a consolidated basis (after giving effect to the Equity Distribution and the incurrence of Funded Debt in connection therewith) from the chief financial officer of the Borrower.
Solvency Certification. The Company shall have delivered to the Purchaser a certificate from an Officer of the Company, in the form of Exhibit D, certifying on behalf of the Company to the effect that the Company and its Subsidiaries taken as a whole are solvent on a pro forma basis after giving effect to the issuance of the Notes on such Issue Date and the use of proceeds thereof.
Solvency Certification. If requested by the Department, the Recipient shall deliver to the Department satisfactory evidence that no (i) petition in bankruptcy, voluntary or otherwise, (ii) assignment for the benefit of creditors, (iii) petition seeking reorganization or arrangement under bankruptcy laws of the United States or of any state, or (iv) other action brought under the aforesaid bankruptcy laws, is pending against the Recipient.
Solvency Certification. Prior to the initial draw to be used for the purpose of funding either the Stock Repurchase Program or Management Stock Acquisition Loans, Borrower's chief financial officer shall issue to Lenders and Agent a certification on behalf of Borrower as to the continued solvency of Borrower giving effect to the Stock Repurchase Program and the Management Stock Acquisition Loans, which certification shall include financial projections, the basis of material assumptions, the basis of valuations and such other matters as may be required.
Solvency Certification. The Issuer shall have delivered to each Purchaser a certificate from the chief financial officer, chief accounting officer or other officer with equivalent duties of the Target (after giving effect to the Transactions), in substantially the form of Exhibit 3.3(c) hereto.
Solvency Certification. The Lenders shall have received a Solvency Certificate, substantially in the form of Exhibit J, from the treasurer or controller of Holdings and the Borrower, which shall document the solvency of Holdings, the Borrower and the Borrower's Subsidiaries considered as a whole after giving effect to the transactions contemplated hereby.
