Common use of Solvency; No Litigation, Violation, Indebtedness or Default; ERISA Compliance Clause in Contracts

Solvency; No Litigation, Violation, Indebtedness or Default; ERISA Compliance. (a) After giving effect to the Transactions, each Borrower will be solvent, able to pay its debts as they mature, will have capital sufficient to carry on its business and all businesses in which it is about to engage, and (i) as of the Closing Date, the fair present saleable value of its assets, calculated on a going concern basis, is in excess of the amount of its liabilities and (ii) subsequent to the Closing Date, the fair saleable value of its assets (calculated on a going concern basis) will be in excess of the amount of its liabilities.

Appears in 8 contracts

Samples: Credit and Security Agreement (Green Plains Inc.), Credit and Security Agreement (Green Plains Inc.), Security Agreement (Green Plains Renewable Energy, Inc.)

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Solvency; No Litigation, Violation, Indebtedness or Default; ERISA Compliance. (a) After (i) Both before and after giving effect to the Transactions, each Borrower will be including the making of the initial Advances, the Loan Parties, taken as a whole, are solvent, able to pay its their debts as they mature, will and have capital sufficient to carry on its their business and all businesses in which it is they are about to engage, and (iii) as of the Closing Date, the fair present saleable value of its their assets, calculated on a going concern basis, is in excess of the amount of its liabilities their liabilities, and (iiiii) subsequent to the Closing Date, the fair saleable value of its assets (calculated on a going concern basis) will be in excess of the amount of its their liabilities.

Appears in 8 contracts

Samples: Security Agreement (Dril-Quip Inc), Guaranty and Security Agreement (Dril-Quip Inc), Security Agreement (Dril-Quip Inc)

Solvency; No Litigation, Violation, Indebtedness or Default; ERISA Compliance. (a) After giving effect to the TransactionsBorrowers, each Borrower will be on a consolidated basis, are solvent, able to pay its their debts as they mature, will have capital sufficient to carry on its their business and all businesses in which it is they are about to engage, and (i) as of the Closing Date, the fair present saleable value of its their assets, calculated on a going concern basis, is in excess of the amount of its their liabilities and (ii) subsequent to the Closing Date, the fair saleable value of its their assets (calculated on a going concern basis) will be in excess of the amount of its their liabilities.

Appears in 7 contracts

Samples: Credit and Security Agreement (ARKO Corp.), Credit and Security Agreement (ARKO Corp.), Credit and Security Agreement (ARKO Corp.)

Solvency; No Litigation, Violation, Indebtedness or Default; ERISA Compliance. (a) After giving effect to the Transactions, each Borrower Borrowers, taken as a whole, will be solvent, able to pay its their debts as they mature, will have capital sufficient to carry on its their business and all businesses in which it is they are about to engage, and (i) as of the Closing Date, the fair present saleable value of its their assets, calculated on a going concern basis, is are in excess of the amount of its their liabilities and (ii) subsequent to the Closing Date, the fair saleable value of its their assets (calculated on a going concern basis) will be in excess of the amount of its their liabilities.

Appears in 4 contracts

Samples: Revolving Credit and Security Agreement (SMTC Corp), Security Agreement (SMTC Corp), Security Agreement (SMTC Corp)

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Solvency; No Litigation, Violation, Indebtedness or Default; ERISA Compliance. (a) After (i) Borrower is, and after giving effect to the TransactionsTerm Loan, each Borrower will be solvent, able to pay its debts as they mature, and has, and after giving effect to the Term Loan, will have capital sufficient to carry on its business and all businesses in which it is about to engage, and (iii) as of the Closing Date, the fair present saleable value of its assets, calculated on a going concern basis, is in excess of the amount of its liabilities liabilities, and (iiiii) subsequent to the Closing Date, the fair saleable value of its assets (calculated on a going concern basis) will be in excess of the amount of its liabilities.

Appears in 1 contract

Samples: Credit and Security Agreement (MICROSTRATEGY Inc)

Solvency; No Litigation, Violation, Indebtedness or Default; ERISA Compliance. (a) After On a consolidated basis, (i) immediately after giving effect to the Transactions, each Borrower the Loan Parties will be solvent, able to pay its their debts as they mature, (ii) immediately after giving effect to the Transactions, the Loan Parties will have capital sufficient to carry on its their business and all businesses in which it is they are about to engage, and (iiii) as of the Closing Date, the fair present saleable value of its assetsthe assets of the Loan Parties, calculated on a going concern basis, is are in excess of the amount of its liabilities their liabilities, and (iiiv) subsequent to the Closing Date, the fair saleable value of its the assets of the Loan Parties (calculated on a going concern basis) will be in excess of the amount of its their liabilities.

Appears in 1 contract

Samples: Security Agreement (Perma-Pipe International Holdings, Inc.)

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