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, 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, (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, and (iv) subsequent to the Closing Date, the fair saleable value of the assets of the Loan Parties, taken as a whole (calculated on a going concern basis), will be in excess of the amount of their liabilities.

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, 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, (iii) as of the Closing <Closing>Fourth Amendment Effective 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, and (iv) subsequent to the Closing <Closing>Fourth Amendment Effective Date, the fair saleable value of the assets of the Loan Parties, taken as a whole (calculated on a going concern basis), will be in excess of the amount of their liabilities.

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