Common use of Solvency, etc Clause in Contracts

Solvency, etc. On the Closing Date, and immediately prior to and after giving effect to the issuance of each Letter of Credit and each borrowing hereunder and the use of the proceeds thereof, (a) each of the Company's and each other Loan Party's assets will exceed its liabilities and (b) each of the Company and each other Loan Party will be solvent, will be able to pay its debts as they mature, will own property with fair saleable value greater than the amount required to pay its debts and will have capital sufficient to carry on its business as then constituted.

Appears in 6 contracts

Samples: Credit Agreement (Fargo Electronics Inc), Credit Agreement (Nashua Corp), Credit Agreement (Nashua Corp)

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Solvency, etc. On the Closing Date, and immediately prior to and after giving effect to the issuance of each Letter of Credit and each borrowing hereunder and the use of the proceeds thereof, : (a) each of the Company's and each other Loan Party's assets will exceed its liabilities and (b) each of the Company and each other Loan Party will be solvent, will be able to pay its debts as they mature, will own property with fair saleable value greater than the amount required to pay its debts and will have capital sufficient to carry on its business as then constitutedSolvent.

Appears in 2 contracts

Samples: Credit Agreement (Energy West Inc), Credit Agreement (Energy West Inc)

Solvency, etc. On the Closing Date, and immediately prior to and ------------- after giving effect to the issuance of each Letter of Credit and each borrowing hereunder and the use of the proceeds thereof, (a) each of the Company's and each other Loan Party's assets will exceed its liabilities and (b) each of the Company and each other Loan Party will be solvent, will be able to pay its debts as they mature, will own property with fair saleable value greater than the amount required to pay its debts (including Suretyship Liabilities) and will have capital sufficient to carry on its business as then constituted.

Appears in 1 contract

Samples: Credit Agreement (World Fuel Services Corp)

Solvency, etc. On the Closing Date, and immediately prior to and after giving effect to the issuance of each Letter of Credit and each borrowing hereunder and the use of the proceeds thereof, (a) each of the Company's and each other Loan Party's ’s assets will exceed its liabilities and (b) each of the Company and each other Loan Party will be solvent, will be able to pay its debts as they mature, will own property with fair saleable value greater than the amount required to pay its debts and will have capital sufficient to carry on its business as then constituted.

Appears in 1 contract

Samples: Credit Agreement (Clarion Technologies Inc/De/)

Solvency, etc. On the Closing Date, and immediately prior to and after giving effect to the issuance of each Letter of Credit Drafting Agreement and each borrowing hereunder and the use of the proceeds thereof, (a) each of the Borrower’s, the Company's ’s and each other Loan Party's ’s assets will exceed its liabilities and (b) each of the Borrower, the Company and each other Loan Party will be solvent, will be able to pay its debts as they mature, will own property with fair saleable value greater than the amount required to pay its debts and will have capital sufficient to carry on its business as then constituted.

Appears in 1 contract

Samples: Credit Agreement (Carmax Inc)

Solvency, etc. On the Closing Date, and immediately prior to and -------------- after giving effect to the issuance of each Letter of Credit and each borrowing hereunder and the use of the proceeds thereof, (a) each of the Company's and each other Loan Party's assets will exceed its liabilities and (b) each of the Company and each other Loan Party will be solvent, will be able to pay its debts as they mature, will own property with fair saleable value greater than the amount required to pay its debts and will have capital sufficient to carry on its business as then constituted.

Appears in 1 contract

Samples: Credit Agreement (College Television Network Inc)

Solvency, etc. On the Closing Date, and immediately prior to and after giving effect to the each each issuance of each a Letter of Credit and each borrowing hereunder and the use of the proceeds thereof, : (a) each of the Company's ’s and each other Loan Party's ’s assets will exceed its liabilities and (b) each of the Company and each other Loan Party will be solvent, will be able to pay its debts as they mature, will own property with fair saleable value greater than the amount required to pay its debts and will have capital sufficient to carry on its business as then constitutedSolvent.

Appears in 1 contract

Samples: Credit Agreement (Energy West Inc)

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Solvency, etc. On the Closing Date, and immediately prior to and after giving effect to the issuance of each Letter of Credit and each borrowing hereunder and the use of the proceeds thereof, (a) each of the Company's ’s and each other Loan Party's ’s assets will exceed its liabilities and (b) each of the Company and each other Loan Party will be solvent, will be able to pay its debts as they mature, will own property with fair saleable value greater than the amount required to pay its debts and will have capital sufficient to carry on its business as then constituted.

Appears in 1 contract

Samples: Credit Agreement (Nashua Corp)

Solvency, etc. On the Closing Date, and immediately prior to and after giving effect to the issuance of each Letter of Credit and each borrowing hereunder and the use of the proceeds thereof, (a) each of the Company's and each other Loan Party's assets will exceed its liabilities (including all Suretyship Liabilities) and (b) each of the Company and each other Loan Party will be solvent, will be able to pay its debts (including all Suretyship Liabilities) as they mature, will own property with fair saleable value greater than the amount required to pay its debts (including all Suretyship Liabilities) and will have capital sufficient to carry on its business as then constituted.

Appears in 1 contract

Samples: Credit Agreement (First Reserve Inc)

Solvency, etc. On the Closing Effective Date, and immediately prior to and after giving effect to the issuance of each Letter of Credit and each borrowing hereunder and the use of the proceeds thereof, (a) each of the Company's and each other Loan Party's assets will exceed its liabilities and (b) each of the Company and each other Loan Party will be solvent, will be able to pay its debts as they mature, will own property with fair saleable value greater than the amount required to pay its debts and will have capital sufficient to carry on its business as then constituted.

Appears in 1 contract

Samples: Credit Agreement (Fargo Electronics Inc)

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