Solvency of Guarantor Sample Clauses

Solvency of Guarantor. Guarantor warrants to Lender that Guarantor is not insolvent and that Guarantor’s execution hereof does not render Guarantor insolvent.
Sample 1Sample 2Sample 3See All (21)
AutoNDA by SimpleDocs
Solvency of Guarantor. Guarantor is able to pay all of its Indebtedness as such Indebtedness matures and has made an appropriate financial investigation of Borrower and has determined that Borrower is able to pay all of its Indebtedness as such Indebtedness matures at the time of execution of this Agreement.
Sample 1Sample 2
Solvency of Guarantor. The Borrowers shall cause the Subsidiary Guarantor to remain solvent and shall provide each Subsidiary Guarantor with such funds and assets as such Subsidiary Guarantor shall require in the operation of its business, all in consideration of such Guarantor's execution and delivery of its Guaranty.
Sample 1Sample 2
Solvency of Guarantor. The fair value of the business and assets of the Guarantor will be in excess of the amount that will be required to pay the total liabilities of the Guarantor, in each case after giving effect to this Agreement. The Guarantor, after giving effect to this Agreement, will:
Sample 1
Solvency of Guarantor. The Guarantor, after giving effect to the transactions contemplated by this Guarantee, will not be unable to pay its debts (within the meaning of Section 123(1)(a) or (e) or Section 123(2) of the Insolvency Act).
Sample 1
Solvency of Guarantor. At the date hereof, the realizable value of the Guarantor’s assets is greater than the aggregate of the following amounts: (x) the liabilities of the Guarantor; (y) the stated capital of all classes of shares of the Guarantor, and (z) the maximum liability of the Guarantor under this Agreement. The Guarantor, after giving effect to this Agreement, will:
Sample 1
Solvency of Guarantor. Guarantor hereby represents and warrants to Holder that as of the date hereof, and after giving effect to this Guaranty and the obligation evidenced hereby, Guarantor is, and will be, solvent, and has and will have property and assets which, fairly valued, exceed its obligations, liabilities and debts, and has and will have property and assets in the State of Texas sufficient to satisfy and repay its obligations, liabilities and debts.
Sample 1
AutoNDA by SimpleDocs

Related to Solvency of Guarantor

  • Affirmation of Guarantors Each Guarantor hereby approves and consents to this Agreement and the transactions contemplated by this Agreement and agrees and affirms that its guarantee of the Obligations continues to be in full force and effect and is hereby ratified and confirmed in all respects and shall apply to the Credit Agreement, as amended hereby, and all of the other Loan Documents, as such are amended, restated, supplemented or otherwise modified from time to time in accordance with their terms.

  • Addition of Guarantors The initial Guarantors hereunder shall be each of the Subsidiaries of Parent that are signatories hereto and that are listed on Schedule 1 attached hereto. From time to time subsequent to the time hereof, additional Subsidiaries of Parent may become parties hereto as additional Guarantors (each an “Additional Guarantor”) by executing a supplement to this Guaranty Agreement in the form of Exhibit A attached hereto (or such other form as may be satisfactory to the Administrative Agent). Upon delivery of any such supplement to Administrative Agent, notice of which is hereby waived by Guarantors, each such Additional Guarantor shall be a Guarantor and shall be a party hereto as if such Additional Guarantor were an original signatory hereof. Each Guarantor expressly agrees that its obligations arising hereunder shall not be affected or diminished by the addition or release of any other Guarantor hereunder, or by any election by Administrative Agent or any Lenders not to cause any Subsidiary to become an Additional Guarantor hereunder. This Guaranty Agreement shall be fully effective as to any Guarantor that is or becomes a party hereto regardless of whether any such person becomes or fails to become or ceases to be a Guarantor hereunder].2

  • Consent of Guarantor Each Guarantor shall execute the Consent of Guarantor set forth below.

  • Acknowledgment of Guarantors The Guarantors acknowledge and consent to all of the terms and conditions of this Amendment and agree that this Amendment and all documents executed in connection herewith do not operate to reduce or discharge the Guarantors’ obligations under the Credit Documents.

  • Release of Guarantor A Guarantor shall be released from all of its obligations under its Guarantee if:

  • Joinder of Guarantors Each of the Guarantors hereby joins in this Amendment to evidence its consent hereto, and each Guarantor hereby reaffirms its obligations set forth in the Credit Agreement, as hereby amended, and in each Guaranty Agreement and each other Loan Document given by it in connection therewith.

  • Authority of Guarantors or Borrower It is not necessary for any Beneficiary to inquire into the capacity or powers of any Guarantor or Borrower or the officers, directors or any agents acting or purporting to act on behalf of any of them.

  • Release of Guarantors In connection with (x) a Subsidiary Guarantor no longer being a Material Subsidiary or (y) the sale of Equity Interests in a Subsidiary Guarantor permitted under Section 10.4, the Borrower may request in writing that the Administrative Agent release, and upon receipt of such request the Administrative Agent shall release, such Subsidiary Guarantor from the Subsidiary Guaranty and any other applicable Security Documents so long as: (i) such Subsidiary Guarantor owns no Property included in the most-recent calculation of the Borrowing Base, nor any Equity Interest in any Subsidiary Guarantor that owns a Property included in the most-recent calculation of Borrowing Base; (ii) no Event of Default shall then be in existence or would occur as a result of such release; (iii) the representations and warranties made by the Borrower and such Subsidiary Guarantor in the Loan Documents to which any of them is a party, shall be true and correct in all material respects (except in the case of a representation or warranty qualified by materiality, in which case such representation or warranty shall be true and correct in all respects) on and as of the date of such release with the same force and effect as if made on and as of such date except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and correct in all material respects (except in the case of a representation or warranty qualified by materiality, in which case such representation or warranty shall be true and correct in all respects and except for changes in factual circumstances specifically and expressly permitted hereunder)); and (iv) the Administrative Agent shall have received such written request at least ten (10) Business Days (or such shorter period as may be acceptable to the Administrative Agent) prior to the requested date of release. Delivery by the Borrower to the Administrative Agent of any such request shall constitute a representation by the Borrower that the matters set forth in the preceding sentence (both as of the date of the giving of such request and as of the date of the effectiveness of such request) are true and correct with respect to such request. Lenders hereby irrevocably authorize the Administrative Agent to release a Subsidiary Guarantor from the Subsidiary Guaranty in accordance with this Section 4.6.

  • Consent of Guarantors Each of the Guarantors shall have executed and delivered to the Agent the Consent.

  • Scope of Guaranty (a) Guarantor hereby absolutely, unconditionally and irrevocably guarantees to Lender each of the following:

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!