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) (i) The Loan Parties, taken as a whole, are, and after giving effect to the Transactions, will be, solvent and able to pay their debts as they mature, (ii) the Loan Parties, taken as a whole, have, and after giving effect to the Transactions, will have, capital sufficient to carry on their existing businesses and all businesses in which they are about to engage, and (iii) the fair present saleable value of the assets of the Loan Parties, taken as a whole, calculated on a going concern basis, are in excess of the amount of their liabilities.

Appears in 4 contracts

Samples: Term Loan Credit and Security Agreement (Quantum Corp /De/), Revolving Credit and Security Agreement (Quantum Corp /De/), Security Agreement (Quantum Corp /De/)

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

Appears in 1 contract

Samples: Security Agreement (Quantum Corp /De/)

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Solvency; No Litigation, Violation, Indebtedness or Default; ERISA Compliance. (a) i. (i) The Loan Parties, taken as a whole, are, and after giving effect to the Transactions, will be, solvent and able to pay their debts as they mature, (ii) the Loan Parties, taken as a whole, have, and after giving effect to the Transactions, will have, capital sufficient to carry on their existing businesses and all businesses in which they are about to engage, and (iii) the fair present saleable value of the assets of the Loan Parties, taken as a whole, calculated on a going concern basis, are in excess of the amount of their liabilities.

Appears in 1 contract

Samples: Term Loan Credit and Security Agreement (Quantum Corp /De/)

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