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) Both before and after giving effect to the Transactions, each Borrower is and will be solvent, able to pay its debts as they mature, has and 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 and will be 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.

Solvency; No Litigation, Violation, Indebtedness or Default; ERISA Compliance. (a) Both before and after giving effect to the TransactionsThe Borrowers, each Borrower is and will be on a consolidated basis, are solvent, able to pay its their debts as they mature, has and 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 DateDate and after giving effect to the Transactions, the fair present saleable value of its their assets, calculated on a going concern basis, is and will be in excess of the amount of its their liabilities and (ii) subsequent to the Closing DateDate and after giving effect to the Transactions, 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.

Solvency; No Litigation, Violation, Indebtedness or Default; ERISA Compliance. (a) Both before (i) The Loan Parties, taken as a whole, are, and after giving effect to the Transactions, each Borrower is will be, solvent and will be solvent, able to pay its their debts as they mature, has (ii) the Loan Parties, taken as a whole, have, and after giving effect to the Transactions, will have have, capital sufficient to carry on its business their existing businesses and all businesses in which it is they are about to engage, and (iiii) as of the Closing ClosingFourth Amendment Effective Date, the fair present saleable value of its assetsthe assets of the Loan Parties, taken as a whole, calculated on a going concern basis, is and will be are 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 their liabilities.