Solvency; No Litigation, Violation, Indebtedness or Default; ERISA Compliance. (a) After giving effect to the Transactions, the Loan Parties and their Restricted Subsidiaries, taken as a whole, are and will be solvent, able to pay their debts as they mature, have and will have capital sufficient to carry on their business and all businesses in which they are about to engage, and as of the Closing Date, the fair present saleable value of their assets, calculated on a going concern basis, is in excess of the amount of their liabilities.
Appears in 2 contracts
Samples: Security Agreement (Keane Group, Inc.), Security Agreement (Keane Group, Inc.)
Solvency; No Litigation, Violation, Indebtedness or Default; ERISA Compliance. (a) After giving effect to the Transactions, the (i) The Loan Parties and their Restricted SubsidiariesParties, taken as a whole, are solvent and will be solvent, able to pay their debts as they mature, have and will (ii) the Loan Parties, taken as a whole, have capital sufficient to carry on their business existing businesses and all businesses in which they are about to engage, and as of the Closing Date, (iii) the fair present saleable value of their assetsthe assets of the Loan Parties, taken as a whole, calculated on a going concern basis, is are in excess of the amount of their liabilities.
Appears in 2 contracts
Samples: Credit and Security Agreement (Quantum Corp /De/), Credit and Security Agreement (Quantum Corp /De/)
