Common use of Solvency/Indebtedness Clause in Contracts

Solvency/Indebtedness. Based on the financial condition of the Company as of the Closing Date: (i) the fair saleable value of the Company's assets exceeds the amount that will be required to be paid on or in respect of the Company's existing debts and other liabilities (including known contingent liabilities) as they mature; (ii) the Company's assets do not constitute unreasonably small capital to carry on its business for the current fiscal year as now conducted and as proposed to be conducted including its capital needs taking into account the particular capital requirements of the business conducted by the Company, and projected capital requirements and capital availability thereof; and (iii) the current cash flow of the Company, together with the proceeds the Company would receive, were it to liquidate all of its assets, after taking into account all anticipated

Appears in 1 contract

Samples: Securities Purchase Agreement (Usurf America Inc)

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Solvency/Indebtedness. Based on the financial condition of the Company as of the Closing Date: (i) the fair saleable market value of the Company's ’s assets exceeds the amount that will be required to be paid on or in respect of the Company's ’s existing debts and other liabilities (including known contingent liabilities) as they mature; (ii) the Company's ’s assets do not constitute unreasonably small capital to carry on its business for the current fiscal year as now conducted and as proposed to be conducted including its capital needs taking into account the particular capital requirements of the business conducted by the Company, and projected capital requirements and capital availability thereof; and (iii) the current cash flow of the Company, together with the proceeds the Company would receive, were it to liquidate all of its assets, after taking into account all anticipatedanticipated uses of the cash, would be sufficient to pay all amounts on or in respect of its

Appears in 1 contract

Samples: Securities Purchase Agreement (U S Restaurant Properties Inc)

Solvency/Indebtedness. Based on the financial condition of the Company as of the Closing Date: (i) the fair saleable value of the Company's ’s assets exceeds the amount that will be required to be paid on or in respect of the Company's ’s existing debts and other liabilities (including known contingent liabilities) as they mature; (ii) the Company's ’s assets do not constitute unreasonably small capital to carry on its business for the current fiscal year as now conducted and as proposed to be conducted including its capital needs taking into account the particular capital requirements of the business conducted by the Company, and projected capital requirements and capital availability thereof; and (iii) the current cash flow of the Company, together with the proceeds the Company would receive, were it to liquidate all of its assets, after taking into account all anticipatedanticipated uses of the cash, would be sufficient to pay all amounts on or in respect of its debt when such amounts are required to be paid. The Company does not intend to incur

Appears in 1 contract

Samples: Securities Purchase Agreement (Path 1 Network Technologies Inc)

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Solvency/Indebtedness. Based on the financial condition of the Company as of the Closing Date: (i) the fair saleable market value of the Company's ’s assets exceeds the amount that will be required to be paid on or in respect of the Company's ’s existing debts and other liabilities (including known contingent liabilities) as they mature; (ii) the Company's ’s assets do not constitute unreasonably small capital to carry on its business for the current fiscal year as now conducted and as proposed to be conducted including its capital needs taking into account the particular capital requirements of the business conducted by the Company, and projected capital requirements and capital availability thereof; and (iii) the current cash flow of the Company, together with the proceeds the Company would receive, were it to liquidate all of its assets, after taking into account all anticipatedanticipated uses of the cash, would be sufficient to pay all amounts on or in respect of its debt when such amounts are required to be paid.

Appears in 1 contract

Samples: Securities Purchase Agreement (Healthetech Inc)

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