Common use of Solvency, etc Clause in Contracts

Solvency, etc. On the Effective Date (or, in the case of any Person which becomes a Guarantor after the Effective Date, on the date such Person becomes a Guarantor), 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 Guarantor's assets will exceed its liabilities and (b) each of the Company and each Guarantor 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 8 contracts

Samples: Credit Agreement (U S Liquids Inc), Credit Agreement (United Waste Systems Inc), Credit Agreement (Layne Christensen Co)

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Solvency, etc. On the Effective Date (or, in the case of any Person -------------- which becomes a Guarantor after the Effective Date, on the date such Person becomes a Guarantor), 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 Guarantor's assets will exceed its liabilities and (b) each of the Company and each Guarantor 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 4 contracts

Samples: Credit Agreement (United Road Services Inc), Credit Agreement (United Rentals Inc), Credit Agreement (United Road Services Inc)

Solvency, etc. On the Effective Closing Date (or, in the case of any Person which becomes a Guarantor after the Effective Closing Date, on the date such Person becomes a Guarantor), and immediately prior to and after giving effect to the issuance Issuance of each Letter of Credit and each borrowing Borrowing hereunder and the use of the proceeds thereof, (a) each of the Company's and each Guarantor's assets will exceed its liabilities and (b) each of the Company and each Guarantor 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 3 contracts

Samples: Credit Agreement (American Disposal Services Inc), Credit Agreement (Fiberite Holdings Inc), Credit Agreement (Air Cure Technologies Inc /De)

Solvency, etc. On the Effective Date (or, in the case of any Person which becomes a Guarantor after the Effective Date, on the date such Person becomes a Guarantor), 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 CompanyBorrower's and each the Guarantor's assets will exceed its their liabilities and (b) each of the Company Borrower and each the Guarantor 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 (Mechanical Technology Inc)

Solvency, etc. On the Effective Date (or, in the case of any Person Subsidiary which becomes a Guarantor after the Effective Date, on the date such Person becomes a Guarantor), 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 GuarantorSubsidiary's assets will exceed its liabilities and (b) each of the Company and each Guarantor Subsidiary 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 (Earthcare Co)

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Solvency, etc. On the Effective Date (or, in the case of any Person which becomes a Guarantor after the Effective Date, on the date such Person becomes a Guarantor), 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 Companyeach Borrower's and each other Guarantor's assets will exceed its liabilities and (b) each of the Company Company, Heico Holding and each other Guarantor 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 (Heisley Michael E Et Al)

Solvency, etc. On the Effective Date (or, in the case of any Person which becomes a Guarantor after the Effective Date, on the date such Person becomes a Guarantor), 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 Guarantor's assets will exceed its liabilities and (b) each of the Company and each Guarantor will be solvent, will be able to pay its debts as they mature, will own property assets with present fair saleable value greater than the amount required to pay its probable liability on its existing debts as they mature and will have capital sufficient to carry on its business as then constituted.

Appears in 1 contract

Samples: Credit Agreement (U S Aggregates Inc)

Solvency, etc. On the Effective Date (or, in the case of any Person which becomes a Guarantor after the Effective Date, on the date such Person becomes a Guarantor), 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 Borrowers' and each Guarantor's assets will exceed its liabilities and (b) each of the Company Borrowers and each Guarantor 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 (Bogen Communications International Inc)

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